(a) Any school district or public school, and any state agency, department, bureau, or commission, or political subdivision that collects vital statistics related to sex as male or female for the purpose of complying with anti-discrimination laws or for the purpose of gathering accurate public health, crime, economic, or other data shall identify each individual who is part of the collected data set as either male or female. This subsection shall not be construed to prohibit the entry of “unknown” as the sex on a child’s certificate of birth, fetal death, or death when sex cannot be medically determined for developmental or other reasons at the time the facts of birth, fetal death, or death are reported to the Office of Vital Statistics. (b) Compliance with subsection (a) shall not require the collection of data regarding sex unless otherwise required by law, and the requirements of subsection (a) shall not prevent the collection of additional data points besides biological sex.
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