Senate File 335 - Introduced SENATE FILE 335 BY WESTRICH A BILL FOR An Act prohibiting persons from entering single and multiple 1 occupancy toilet facilities and other facilities in 2 elementary and secondary schools that do not correspond with 3 the person’s biological sex and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1978XS (2) 90 cm/jh

S.F. 335 Section 1. NEW SECTION . 216.9A Single and multiple 1 occupancy toilet facilities in schools —— use by persons of same 2 biological sex. 3 It shall not be an unfair or discriminatory practice for 4 a school to require a single or multiple occupancy toilet 5 facility to be designated only for and used by persons of 6 the same biological sex as provided in section 279.77. It 7 shall not be an unfair or discriminatory practice to prohibit 8 a person from using a single or multiple occupancy toilet 9 facility that does not correspond with the person’s biological 10 sex as provided in section 279.77. 11 Sec. 2. NEW SECTION . 279.77 Single and multiple occupancy 12 toilet facilities —— use by persons of same biological sex. 13 1. As used in this section: 14 a. “Multiple occupancy toilet facility” means a toilet 15 facility designed or designated to be used by more than one 16 person at a time. 17 b. “School” means an attendance center operated by a school 18 district. 19 c. “Sex” means the biological sex designation of female 20 or male on a person’s birth certificate, characterized by 21 reproductive anatomy and chromosomes. 22 d. “Single occupancy toilet facility” means a toilet facility 23 designed or designated to be used by only one person at a time. 24 2. A school shall require a multiple occupancy toilet 25 facility to be designated only for and used by persons of the 26 same sex. A person shall not enter a school multiple occupancy 27 toilet facility, or a single occupancy toilet facility 28 designated only for persons of the same sex, that does not 29 correspond with the person’s sex. 30 3. In any other school facility, a facility used for 31 overnight accommodations or other setting not specified in 32 subsection 2 where a student may be in a state of undress in 33 the presence of other students, school personnel shall provide 34 separate, private areas designated for use by students based on 35 -1- LSB 1978XS (2) 90 cm/jh 1/ 4

S.F. 335 the students’ sex. 1 4. Students who, for any reason, desire greater privacy when 2 using a multiple occupancy toilet facility, a single occupancy 3 toilet facility, or other facility described in subsection 3, 4 and whose parent or legal guardian provides written consent 5 to school officials, may submit a request to such officials 6 for access to alternative facilities. The school official to 7 whom a request is submitted shall evaluate such request and 8 shall, to the extent reasonable, offer options for alternative 9 facilities. In no event shall any accommodation be made that 10 includes access to a student multiple occupancy toilet facility 11 or a single occupancy toilet facility designated for use by 12 students of the opposite sex while students of the opposite sex 13 are present or could be present. Reasonable accommodations 14 include all of the following: 15 a. Access to a single occupancy toilet facility. 16 b. Access to a unisex single occupancy toilet facility by 17 only one student at a time. 18 c. Controlled use of faculty multiple occupancy toilet 19 facility or a single occupancy toilet facility. 20 5. This section shall not be construed to prohibit a school 21 from doing any of the following: 22 a. Adopting policies necessary to accommodate disabled 23 persons or young children in need of physical assistance when 24 using a multiple occupancy toilet facility, a single occupancy 25 toilet facility, or other facility described in subsection 3. 26 b. Permitting access to a multiple occupancy toilet 27 facility, a single occupancy toilet facility, or other facility 28 described in subsection 3 for custodial or maintenance purposes 29 when such facility is not occupied by a member of the opposite 30 sex. 31 c. Rendering medical assistance. 32 d. Permitting access to a multiple occupancy toilet 33 facility, a single occupancy toilet facility, or other facility 34 described in subsection 3 during a natural disaster, emergency, 35 -2- LSB 1978XS (2) 90 cm/jh 2/ 4

S.F. 335 or when necessary to prevent a serious threat to good order or 1 student safety. 2 6. a. A citizen of this state may file a complaint with the 3 office of the attorney general that a school is in violation 4 of the provisions of this section if all of the following are 5 true: 6 (1) The citizen provides written notice to the school 7 describing the violation. 8 (2) The school does not cure the violation within three 9 business days after receiving written notice of the violation. 10 b. A complaint filed pursuant to this section shall include 11 all of the following: 12 (1) A copy of the written notice delivered to the school. 13 (2) A signed statement by the citizen describing the 14 violation and stating that notice was provided. 15 c. Upon receipt of a complaint, the attorney general shall 16 investigate the violation described in the complaint. If the 17 attorney general determines that no violation occurred or that 18 no further legal action is warranted, then the attorney general 19 shall send written notice of such determination to the citizen 20 who filed the complaint and to the school. If the attorney 21 general determines that legal action is warranted to cure the 22 violation, then the attorney general may file an action in a 23 court of competent jurisdiction seeking such equitable relief 24 as the attorney general deems appropriate. 25 d. This subsection shall not limit other remedies at law or 26 equity available to the aggrieved person against the school. 27 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 28 importance, takes effect upon enactment. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill requires elementary and secondary public schools 33 to designate and allow the use of multiple occupancy toilet 34 facilities only by persons of the same biological sex. The 35 -3- LSB 1978XS (2) 90 cm/jh 3/ 4

S.F. 335 bill prohibits a person from entering a single or multiple 1 occupancy toilet facility in a school that does not correspond 2 with the person’s biological sex. The bill allows schools 3 to provide alternative facilities upon a request to school 4 officials for alternative facilities from the parents of the 5 student. 6 The bill also allows any citizen of the state to file a 7 complaint of violation of the bill with the attorney general 8 if the citizen provides written notice to the public school 9 describing the violation and the public school does not cure 10 the violation within three business days after receiving 11 written notice. The complaint filed with the attorney general 12 must have a copy of the written notice that had been delivered 13 to the school and a signed statement by the citizen describing 14 the violation. The attorney general is required to investigate 15 the claim of a violation and pursue legal action if warranted. 16 The bill provides that such designations and prohibitions do 17 not constitute unfair or discriminatory practices in violation 18 of the Iowa civil rights Act, Code chapter 216. 19 -4- LSB 1978XS (2) 90 cm/jh 4/ 4