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Senate File 335 - IntroducedA Bill ForAn Act 1prohibiting persons from entering single and multiple
2occupancy toilet facilities and other facilities in
3elementary and secondary schools that do not correspond with
4the person’s biological sex and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 216.9A Single and multiple
2occupancy toilet facilities in schools — use by persons of same
3biological sex.
4It shall not be an unfair or discriminatory practice for
5a school to require a single or multiple occupancy toilet
6facility to be designated only for and used by persons of
7the same biological sex as provided in section 279.77. It
8shall not be an unfair or discriminatory practice to prohibit
9a person from using a single or multiple occupancy toilet
10facility that does not correspond with the person’s biological
11sex as provided in section 279.77.
12 Sec. 2. NEW SECTION. 279.77 Single and multiple occupancy
13toilet facilities — use by persons of same biological sex.
141. As used in this section:
15a. “Multiple occupancy toilet facility” means a toilet
16facility designed or designated to be used by more than one
17person at a time.
18b. “School” means an attendance center operated by a school
19district.
20c. “Sex” means the biological sex designation of female
21or male on a person’s birth certificate, characterized by
22reproductive anatomy and chromosomes.
23d. “Single occupancy toilet facility” means a toilet facility
24designed or designated to be used by only one person at a time.
252. A school shall require a multiple occupancy toilet
26facility to be designated only for and used by persons of the
27same sex. A person shall not enter a school multiple occupancy
28toilet facility, or a single occupancy toilet facility
29designated only for persons of the same sex, that does not
30correspond with the person’s sex.
313. In any other school facility, a facility used for
32overnight accommodations or other setting not specified in
33subsection 2 where a student may be in a state of undress in
34the presence of other students, school personnel shall provide
35separate, private areas designated for use by students based on
-1-1the students’ sex.
24. Students who, for any reason, desire greater privacy when
3using a multiple occupancy toilet facility, a single occupancy
4toilet facility, or other facility described in subsection 3,
5and whose parent or legal guardian provides written consent
6to school officials, may submit a request to such officials
7for access to alternative facilities. The school official to
8whom a request is submitted shall evaluate such request and
9shall, to the extent reasonable, offer options for alternative
10facilities. In no event shall any accommodation be made that
11includes access to a student multiple occupancy toilet facility
12or a single occupancy toilet facility designated for use by
13students of the opposite sex while students of the opposite sex
14are present or could be present. Reasonable accommodations
15include all of the following:
16a. Access to a single occupancy toilet facility.
17b. Access to a unisex single occupancy toilet facility by
18only one student at a time.
19c. Controlled use of faculty multiple occupancy toilet
20facility or a single occupancy toilet facility.
215. This section shall not be construed to prohibit a school
22from doing any of the following:
23a. Adopting policies necessary to accommodate disabled
24persons or young children in need of physical assistance when
25using a multiple occupancy toilet facility, a single occupancy
26toilet facility, or other facility described in subsection 3.
27b. Permitting access to a multiple occupancy toilet
28facility, a single occupancy toilet facility, or other facility
29described in subsection 3 for custodial or maintenance purposes
30when such facility is not occupied by a member of the opposite
31sex.
32c. Rendering medical assistance.
33d. Permitting access to a multiple occupancy toilet
34facility, a single occupancy toilet facility, or other facility
35described in subsection 3 during a natural disaster, emergency,
-2-1or when necessary to prevent a serious threat to good order or
2student safety.
36. a. A citizen of this state may file a complaint with the
4office of the attorney general that a school is in violation
5of the provisions of this section if all of the following are
6true:
7(1) The citizen provides written notice to the school
8describing the violation.
9(2) The school does not cure the violation within three
10business days after receiving written notice of the violation.
11b. A complaint filed pursuant to this section shall include
12all of the following:
13(1) A copy of the written notice delivered to the school.
14(2) A signed statement by the citizen describing the
15violation and stating that notice was provided.
16c. Upon receipt of a complaint, the attorney general shall
17investigate the violation described in the complaint. If the
18attorney general determines that no violation occurred or that
19no further legal action is warranted, then the attorney general
20shall send written notice of such determination to the citizen
21who filed the complaint and to the school. If the attorney
22general determines that legal action is warranted to cure the
23violation, then the attorney general may file an action in a
24court of competent jurisdiction seeking such equitable relief
25as the attorney general deems appropriate.
26d. This subsection shall not limit other remedies at law or
27equity available to the aggrieved person against the school.
28 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
29importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill requires elementary and secondary public schools
34to designate and allow the use of multiple occupancy toilet
35facilities only by persons of the same biological sex. The
-3-1bill prohibits a person from entering a single or multiple
2occupancy toilet facility in a school that does not correspond
3with the person’s biological sex. The bill allows schools
4to provide alternative facilities upon a request to school
5officials for alternative facilities from the parents of the
6student.
7The bill also allows any citizen of the state to file a
8complaint of violation of the bill with the attorney general
9if the citizen provides written notice to the public school
10describing the violation and the public school does not cure
11the violation within three business days after receiving
12written notice. The complaint filed with the attorney general
13must have a copy of the written notice that had been delivered
14to the school and a signed statement by the citizen describing
15the violation. The attorney general is required to investigate
16the claim of a violation and pursue legal action if warranted.
17The bill provides that such designations and prohibitions do
18not constitute unfair or discriminatory practices in violation
19of the Iowa civil rights Act, Code chapter 216.
-4-cm/jh
2occupancy toilet facilities and other facilities in
3elementary and secondary schools that do not correspond with
4the person’s biological sex and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 216.9A Single and multiple
2occupancy toilet facilities in schools — use by persons of same
3biological sex.
4It shall not be an unfair or discriminatory practice for
5a school to require a single or multiple occupancy toilet
6facility to be designated only for and used by persons of
7the same biological sex as provided in section 279.77. It
8shall not be an unfair or discriminatory practice to prohibit
9a person from using a single or multiple occupancy toilet
10facility that does not correspond with the person’s biological
11sex as provided in section 279.77.
12 Sec. 2. NEW SECTION. 279.77 Single and multiple occupancy
13toilet facilities — use by persons of same biological sex.
141. As used in this section:
15a. “Multiple occupancy toilet facility” means a toilet
16facility designed or designated to be used by more than one
17person at a time.
18b. “School” means an attendance center operated by a school
19district.
20c. “Sex” means the biological sex designation of female
21or male on a person’s birth certificate, characterized by
22reproductive anatomy and chromosomes.
23d. “Single occupancy toilet facility” means a toilet facility
24designed or designated to be used by only one person at a time.
252. A school shall require a multiple occupancy toilet
26facility to be designated only for and used by persons of the
27same sex. A person shall not enter a school multiple occupancy
28toilet facility, or a single occupancy toilet facility
29designated only for persons of the same sex, that does not
30correspond with the person’s sex.
313. In any other school facility, a facility used for
32overnight accommodations or other setting not specified in
33subsection 2 where a student may be in a state of undress in
34the presence of other students, school personnel shall provide
35separate, private areas designated for use by students based on
-1-1the students’ sex.
24. Students who, for any reason, desire greater privacy when
3using a multiple occupancy toilet facility, a single occupancy
4toilet facility, or other facility described in subsection 3,
5and whose parent or legal guardian provides written consent
6to school officials, may submit a request to such officials
7for access to alternative facilities. The school official to
8whom a request is submitted shall evaluate such request and
9shall, to the extent reasonable, offer options for alternative
10facilities. In no event shall any accommodation be made that
11includes access to a student multiple occupancy toilet facility
12or a single occupancy toilet facility designated for use by
13students of the opposite sex while students of the opposite sex
14are present or could be present. Reasonable accommodations
15include all of the following:
16a. Access to a single occupancy toilet facility.
17b. Access to a unisex single occupancy toilet facility by
18only one student at a time.
19c. Controlled use of faculty multiple occupancy toilet
20facility or a single occupancy toilet facility.
215. This section shall not be construed to prohibit a school
22from doing any of the following:
23a. Adopting policies necessary to accommodate disabled
24persons or young children in need of physical assistance when
25using a multiple occupancy toilet facility, a single occupancy
26toilet facility, or other facility described in subsection 3.
27b. Permitting access to a multiple occupancy toilet
28facility, a single occupancy toilet facility, or other facility
29described in subsection 3 for custodial or maintenance purposes
30when such facility is not occupied by a member of the opposite
31sex.
32c. Rendering medical assistance.
33d. Permitting access to a multiple occupancy toilet
34facility, a single occupancy toilet facility, or other facility
35described in subsection 3 during a natural disaster, emergency,
-2-1or when necessary to prevent a serious threat to good order or
2student safety.
36. a. A citizen of this state may file a complaint with the
4office of the attorney general that a school is in violation
5of the provisions of this section if all of the following are
6true:
7(1) The citizen provides written notice to the school
8describing the violation.
9(2) The school does not cure the violation within three
10business days after receiving written notice of the violation.
11b. A complaint filed pursuant to this section shall include
12all of the following:
13(1) A copy of the written notice delivered to the school.
14(2) A signed statement by the citizen describing the
15violation and stating that notice was provided.
16c. Upon receipt of a complaint, the attorney general shall
17investigate the violation described in the complaint. If the
18attorney general determines that no violation occurred or that
19no further legal action is warranted, then the attorney general
20shall send written notice of such determination to the citizen
21who filed the complaint and to the school. If the attorney
22general determines that legal action is warranted to cure the
23violation, then the attorney general may file an action in a
24court of competent jurisdiction seeking such equitable relief
25as the attorney general deems appropriate.
26d. This subsection shall not limit other remedies at law or
27equity available to the aggrieved person against the school.
28 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
29importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill requires elementary and secondary public schools
34to designate and allow the use of multiple occupancy toilet
35facilities only by persons of the same biological sex. The
-3-1bill prohibits a person from entering a single or multiple
2occupancy toilet facility in a school that does not correspond
3with the person’s biological sex. The bill allows schools
4to provide alternative facilities upon a request to school
5officials for alternative facilities from the parents of the
6student.
7The bill also allows any citizen of the state to file a
8complaint of violation of the bill with the attorney general
9if the citizen provides written notice to the public school
10describing the violation and the public school does not cure
11the violation within three business days after receiving
12written notice. The complaint filed with the attorney general
13must have a copy of the written notice that had been delivered
14to the school and a signed statement by the citizen describing
15the violation. The attorney general is required to investigate
16the claim of a violation and pursue legal action if warranted.
17The bill provides that such designations and prohibitions do
18not constitute unfair or discriminatory practices in violation
19of the Iowa civil rights Act, Code chapter 216.
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