Senate File 482 - Introduced SENATE FILE 482 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SF 335) A BILL FOR An Act prohibiting persons from entering single and multiple 1 occupancy restrooms or changing areas and other facilities 2 in elementary and secondary schools that do not correspond 3 with the person’s biological sex and including effective 4 date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1978SV (1) 90 cm/jh

S.F. 482 Section 1. NEW SECTION . 216.9A Single and multiple 1 occupancy restrooms or changing areas in schools —— use by 2 persons of same biological sex. 3 It shall not be an unfair or discriminatory practice for a 4 school to require a single or multiple occupancy restroom or 5 changing area to be designated only for and used by persons 6 of the same biological sex as provided in section 280.33. It 7 shall not be an unfair or discriminatory practice to prohibit 8 a person from using a single or multiple occupancy restroom 9 or changing area that does not correspond with the person’s 10 biological sex as provided in section 280.33. 11 Sec. 2. NEW SECTION . 280.33 Single and multiple occupancy 12 restrooms or changing areas —— use by persons of same biological 13 sex. 14 1. As used in this section: 15 a. “Multiple occupancy restroom or changing area” means an 16 area in a school building designed or designated to be used by 17 more than one person at a time, in which students may be in 18 various stages of undress in the presence of other students or 19 persons. “Multiple occupancy restroom or changing area” includes 20 but is not limited to a restroom, locker room, changing room, 21 or shower room. 22 b. “School” means a public school or nonpublic school. 23 c. “Sex” means a person’s biological sex as female or male, 24 as listed on a person’s official birth certificate issued at or 25 near the time of the person’s birth. 26 d. “Single occupancy restroom or changing area” means an 27 area in a school building designed or designated to be used by 28 one person at a time, in which the person may be in various 29 stages of undress. “Single occupancy restroom or changing area” 30 includes a restroom, locker room, changing room, or shower 31 room. 32 2. A school shall require a multiple occupancy restroom or 33 changing area to be designated only for and used by persons of 34 the same sex. A person shall not enter a multiple occupancy 35 -1- LSB 1978SV (1) 90 cm/jh 1/ 4

S.F. 482 restroom or changing area, or a single occupancy restroom or 1 changing area designated only for persons of the same sex, that 2 does not correspond with the person’s sex. 3 3. In any other school facility, a facility used for 4 extracurricular activity, overnight accommodations, or any 5 other setting where a student may be in various stages of 6 undress in the presence of other students or persons, school 7 personnel shall provide separate, private areas designated for 8 use by students based on the students’ sex. 9 4. A student who, for any reason, desires greater privacy 10 when using a single or multiple occupancy restroom or changing 11 area, or other facility described in subsection 3, and whose 12 parent or legal guardian provides written consent to school 13 officials, may submit a request to such officials for access to 14 alternative facilities. The school official to whom a request 15 is submitted shall evaluate such request and shall, to the 16 extent reasonable, offer options for alternative facilities. 17 In no event shall any accommodation be made that includes 18 access to a student multiple occupancy restroom or changing 19 area or a single occupancy restroom or changing area designated 20 for use by students of the opposite sex while students of the 21 opposite sex are present or could be present. Reasonable 22 accommodations may include any of the following: 23 a. Access to a single occupancy restroom or changing area. 24 b. Access to a unisex single occupancy restroom or changing 25 area by only one student at a time. 26 c. Controlled use of faculty multiple occupancy restroom or 27 changing area or a single occupancy restroom or changing area. 28 5. This section shall not be construed to prohibit a school 29 from doing any of the following: 30 a. Adopting policies necessary to accommodate disabled 31 persons or young children in need of physical assistance when 32 using a multiple occupancy restroom or changing area, a single 33 occupancy restroom or changing area, or other facility or 34 setting described in subsection 3. 35 -2- LSB 1978SV (1) 90 cm/jh 2/ 4

S.F. 482 b. Permitting access to a multiple occupancy restroom or 1 changing area, a single occupancy restroom or changing area, 2 or other facility described in subsection 3 for custodial or 3 maintenance purposes when such facility is not occupied by a 4 member of the opposite sex. 5 c. Rendering medical assistance. 6 d. Permitting access to a multiple occupancy restroom or 7 changing area, a single occupancy restroom or changing area, 8 or other facility or setting described in subsection 3 during 9 a natural disaster, emergency, or when necessary to prevent a 10 serious threat to student safety. 11 6. a. A citizen of this state may file a complaint with the 12 office of the attorney general that a school is in violation 13 of the provisions of this section if all of the following are 14 true: 15 (1) The citizen provides written notice to the school 16 describing the violation. 17 (2) The school does not cure the violation within three 18 business days after receiving written notice of the violation. 19 b. A complaint filed pursuant to this section shall include 20 all of the following: 21 (1) A copy of the written notice delivered to the school. 22 (2) A signed statement by the citizen describing the 23 violation and stating that notice was provided. 24 c. Upon receipt of a complaint, the attorney general shall 25 investigate the violation described in the complaint. If the 26 attorney general determines that no violation occurred or that 27 no further legal action is warranted, then the attorney general 28 shall send written notice of such determination to the citizen 29 who filed the complaint and to the school. If the attorney 30 general determines that legal action is warranted to cure the 31 violation, then the attorney general may file an action in a 32 court of competent jurisdiction seeking such equitable relief 33 as the attorney general deems appropriate. 34 d. This subsection shall not limit other remedies at law or 35 -3- LSB 1978SV (1) 90 cm/jh 3/ 4

S.F. 482 equity available to the aggrieved person against the school. 1 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 2 importance, takes effect upon enactment. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill requires elementary and secondary public schools 7 to designate and allow the use of multiple occupancy restrooms 8 and changing areas only by persons of the same biological sex. 9 The bill prohibits a person from entering a single or multiple 10 occupancy restroom or changing area in a school that does not 11 correspond with the person’s biological sex. The bill allows 12 schools to provide alternative facilities upon a request to 13 school officials for alternative facilities from the parents 14 of the student. 15 The bill also allows any citizen of the state to file a 16 complaint of violation of the bill with the attorney general 17 if the citizen provides written notice to the public school 18 describing the violation and the public school does not cure 19 the violation within three business days after receiving 20 written notice. The complaint filed with the attorney general 21 must have a copy of the written notice that had been delivered 22 to the school and a signed statement by the citizen describing 23 the violation. The attorney general is required to investigate 24 the claim of a violation and pursue legal action if warranted. 25 The bill provides that such designations and prohibitions do 26 not constitute unfair or discriminatory practices in violation 27 of the Iowa civil rights Act, Code chapter 216. 28 -4- LSB 1978SV (1) 90 cm/jh 4/ 4