House File 622 H-1087 Amend House File 622 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 216.9A Single and multiple 4 occupancy restrooms or changing areas in schools —— use by 5 persons of same biological sex. 6 It shall not be an unfair or discriminatory practice for a 7 school to require a single or multiple occupancy restroom or 8 changing area to be designated only for and used by persons 9 of the same biological sex as provided in section 280.33. It 10 shall not be an unfair or discriminatory practice to prohibit 11 a person from using a single or multiple occupancy restroom 12 or changing area that does not correspond with the person’s 13 biological sex as provided in section 280.33. 14 Sec. 2. NEW SECTION . 280.33 Single and multiple occupancy 15 restrooms or changing areas —— use by persons of same biological 16 sex. 17 1. As used in this section: 18 a. “Multiple occupancy restroom or changing area” means an 19 area in a school building designed or designated to be used by 20 more than one person at a time, in which students may be in 21 various stages of undress in the presence of other students or 22 persons. “Multiple occupancy restroom or changing area” includes 23 but is not limited to a restroom, locker room, changing room, 24 or shower room. 25 b. “School” means a public school or nonpublic school. 26 c. “Sex” means a person’s biological sex as female or male, 27 as listed on a person’s official birth certificate issued at or 28 near the time of the person’s birth. 29 d. “Single occupancy restroom or changing area” means an 30 area in a school building designed or designated to be used by 31 one person at a time, in which the person may be in various 32 stages of undress. “Single occupancy restroom or changing area” 33 includes a restroom, locker room, changing room, or shower 34 room. 35 -1- HF 622.946 (2) 90 cm/jh 1/ 4 #1.

2. A school shall require a multiple occupancy restroom or 1 changing area to be designated only for and used by persons of 2 the same sex. A person shall not enter a multiple occupancy 3 restroom or changing area, or a single occupancy restroom or 4 changing area designated only for persons of the same sex, that 5 does not correspond with the person’s sex. 6 3. In any other school facility, a facility used for 7 extracurricular activity, overnight accommodations, or any 8 other setting where a student may be in various stages of 9 undress in the presence of other students or persons, school 10 personnel shall provide separate, private areas designated for 11 use by students based on the students’ sex. 12 4. A student who, for any reason, desires greater privacy 13 when using a single or multiple occupancy restroom or changing 14 area, or other facility described in subsection 3, and whose 15 parent or legal guardian provides written consent to school 16 officials, may submit a request to such officials for access to 17 alternative facilities. The school official to whom a request 18 is submitted shall evaluate such request and shall, to the 19 extent reasonable, offer options for alternative facilities. 20 In no event shall any accommodation be made that includes 21 access to a student multiple occupancy restroom or changing 22 area or a single occupancy restroom or changing area designated 23 for use by students of the opposite sex while students of the 24 opposite sex are present or could be present. Reasonable 25 accommodations may include any of the following: 26 a. Access to a single occupancy restroom or changing area. 27 b. Access to a unisex single occupancy restroom or changing 28 area by only one student at a time. 29 c. Controlled use of faculty multiple occupancy restroom or 30 changing area or a single occupancy restroom or changing area. 31 5. This section shall not be construed to prohibit a school 32 from doing any of the following: 33 a. Adopting policies necessary to accommodate disabled 34 persons or young children in need of physical assistance when 35 -2- HF 622.946 (2) 90 cm/jh 2/ 4

using a multiple occupancy restroom or changing area, a single 1 occupancy restroom or changing area, or other facility or 2 setting described in subsection 3. 3 b. Permitting access to a multiple occupancy restroom or 4 changing area, a single occupancy restroom or changing area, 5 or other facility described in subsection 3 for custodial or 6 maintenance purposes when such facility is not occupied by a 7 member of the opposite sex. 8 c. Rendering medical assistance. 9 d. Permitting access to a multiple occupancy restroom or 10 changing area, a single occupancy restroom or changing area, 11 or other facility or setting described in subsection 3 during 12 a natural disaster, emergency, or when necessary to prevent a 13 serious threat to student safety. 14 6. a. A citizen of this state may file a complaint with the 15 office of the attorney general that a school is in violation 16 of the provisions of this section if all of the following are 17 true: 18 (1) The citizen provides written notice to the school 19 describing the violation. 20 (2) The school does not cure the violation within three 21 business days after receiving written notice of the violation. 22 b. A complaint filed pursuant to this section shall include 23 all of the following: 24 (1) A copy of the written notice delivered to the school. 25 (2) A signed statement by the citizen describing the 26 violation and stating that notice was provided. 27 c. Upon receipt of a complaint, the attorney general shall 28 investigate the violation described in the complaint. If the 29 attorney general determines that no violation occurred or that 30 no further legal action is warranted, then the attorney general 31 shall send written notice of such determination to the citizen 32 who filed the complaint and to the school. If the attorney 33 general determines that legal action is warranted to cure the 34 violation, then the attorney general may file an action in a 35 -3- HF 622.946 (2) 90 cm/jh 3/ 4

court of competent jurisdiction seeking such equitable relief 1 as the attorney general deems appropriate. 2 d. This subsection shall not limit other remedies at law or 3 equity available to the aggrieved person against the school. 4 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 5 importance, takes effect upon enactment. > 6 2. Title page, by striking lines 1 through 4 and inserting 7 < An Act prohibiting persons from entering single and multiple 8 occupancy restrooms or changing areas and other facilities 9 in elementary and secondary schools that do not correspond 10 with the person’s biological sex and including effective date 11 provisions. > 12 ______________________________ HOLT of Crawford -4- HF 622.946 (2) 90 cm/jh 4/ 4 #2.