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Senate File 482 - IntroducedA Bill ForAn Act 1prohibiting persons from entering single and multiple
2occupancy restrooms or changing areas and other facilities
3in elementary and secondary schools that do not correspond
4with the person’s biological sex and including effective
5date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 216.9A Single and multiple
2occupancy restrooms or changing areas in schools — use by
3persons of same biological sex.
4It shall not be an unfair or discriminatory practice for a
5school to require a single or multiple occupancy restroom or
6changing area to be designated only for and used by persons
7of the same biological sex as provided in section 280.33. It
8shall not be an unfair or discriminatory practice to prohibit
9a person from using a single or multiple occupancy restroom
10or changing area that does not correspond with the person’s
11biological sex as provided in section 280.33.
12 Sec. 2. NEW SECTION. 280.33 Single and multiple occupancy
13restrooms or changing areas — use by persons of same biological
14sex.
151. As used in this section:
16a. “Multiple occupancy restroom or changing area” means an
17area in a school building designed or designated to be used by
18more than one person at a time, in which students may be in
19various stages of undress in the presence of other students or
20persons. “Multiple occupancy restroom or changing area” includes
21but is not limited to a restroom, locker room, changing room,
22or shower room.
23b. “School” means a public school or nonpublic school.
24c. “Sex” means a person’s biological sex as female or male,
25as listed on a person’s official birth certificate issued at or
26near the time of the person’s birth.
27d. “Single occupancy restroom or changing area” means an
28area in a school building designed or designated to be used by
29one person at a time, in which the person may be in various
30stages of undress. “Single occupancy restroom or changing area”
31includes a restroom, locker room, changing room, or shower
32room.
332. A school shall require a multiple occupancy restroom or
34changing area to be designated only for and used by persons of
35the same sex. A person shall not enter a multiple occupancy
-1-1restroom or changing area, or a single occupancy restroom or
2changing area designated only for persons of the same sex, that
3does not correspond with the person’s sex.
43. In any other school facility, a facility used for
5extracurricular activity, overnight accommodations, or any
6other setting where a student may be in various stages of
7undress in the presence of other students or persons, school
8personnel shall provide separate, private areas designated for
9use by students based on the students’ sex.
104. A student who, for any reason, desires greater privacy
11when using a single or multiple occupancy restroom or changing
12area, or other facility described in subsection 3, and whose
13parent or legal guardian provides written consent to school
14officials, may submit a request to such officials for access to
15alternative facilities. The school official to whom a request
16is submitted shall evaluate such request and shall, to the
17extent reasonable, offer options for alternative facilities.
18In no event shall any accommodation be made that includes
19access to a student multiple occupancy restroom or changing
20area or a single occupancy restroom or changing area designated
21for use by students of the opposite sex while students of the
22opposite sex are present or could be present. Reasonable
23accommodations may include any of the following:
24a. Access to a single occupancy restroom or changing area.
25b. Access to a unisex single occupancy restroom or changing
26area by only one student at a time.
27c. Controlled use of faculty multiple occupancy restroom or
28changing area or a single occupancy restroom or changing area.
295. This section shall not be construed to prohibit a school
30from doing any of the following:
31a. Adopting policies necessary to accommodate disabled
32persons or young children in need of physical assistance when
33using a multiple occupancy restroom or changing area, a single
34occupancy restroom or changing area, or other facility or
35setting described in subsection 3.
-2- 1b. Permitting access to a multiple occupancy restroom or
2changing area, a single occupancy restroom or changing area,
3or other facility described in subsection 3 for custodial or
4maintenance purposes when such facility is not occupied by a
5member of the opposite sex.
6c. Rendering medical assistance.
7d. Permitting access to a multiple occupancy restroom or
8changing area, a single occupancy restroom or changing area,
9or other facility or setting described in subsection 3 during
10a natural disaster, emergency, or when necessary to prevent a
11serious threat to student safety.
126. a. A citizen of this state may file a complaint with the
13office of the attorney general that a school is in violation
14of the provisions of this section if all of the following are
15true:
16(1) The citizen provides written notice to the school
17describing the violation.
18(2) The school does not cure the violation within three
19business days after receiving written notice of the violation.
20b. A complaint filed pursuant to this section shall include
21all of the following:
22(1) A copy of the written notice delivered to the school.
23(2) A signed statement by the citizen describing the
24violation and stating that notice was provided.
25c. Upon receipt of a complaint, the attorney general shall
26investigate the violation described in the complaint. If the
27attorney general determines that no violation occurred or that
28no further legal action is warranted, then the attorney general
29shall send written notice of such determination to the citizen
30who filed the complaint and to the school. If the attorney
31general determines that legal action is warranted to cure the
32violation, then the attorney general may file an action in a
33court of competent jurisdiction seeking such equitable relief
34as the attorney general deems appropriate.
35d. This subsection shall not limit other remedies at law or
-3-1equity available to the aggrieved person against the school.
2 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
3importance, takes effect upon enactment.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill requires elementary and secondary public schools
8to designate and allow the use of multiple occupancy restrooms
9and changing areas only by persons of the same biological sex.
10The bill prohibits a person from entering a single or multiple
11occupancy restroom or changing area in a school that does not
12correspond with the person’s biological sex. The bill allows
13schools to provide alternative facilities upon a request to
14school officials for alternative facilities from the parents
15of the student.
16The bill also allows any citizen of the state to file a
17complaint of violation of the bill with the attorney general
18if the citizen provides written notice to the public school
19describing the violation and the public school does not cure
20the violation within three business days after receiving
21written notice. The complaint filed with the attorney general
22must have a copy of the written notice that had been delivered
23to the school and a signed statement by the citizen describing
24the violation. The attorney general is required to investigate
25the claim of a violation and pursue legal action if warranted.
26The bill provides that such designations and prohibitions do
27not constitute unfair or discriminatory practices in violation
28of the Iowa civil rights Act, Code chapter 216.
-4-cm/jh
2occupancy restrooms or changing areas and other facilities
3in elementary and secondary schools that do not correspond
4with the person’s biological sex and including effective
5date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 216.9A Single and multiple
2occupancy restrooms or changing areas in schools — use by
3persons of same biological sex.
4It shall not be an unfair or discriminatory practice for a
5school to require a single or multiple occupancy restroom or
6changing area to be designated only for and used by persons
7of the same biological sex as provided in section 280.33. It
8shall not be an unfair or discriminatory practice to prohibit
9a person from using a single or multiple occupancy restroom
10or changing area that does not correspond with the person’s
11biological sex as provided in section 280.33.
12 Sec. 2. NEW SECTION. 280.33 Single and multiple occupancy
13restrooms or changing areas — use by persons of same biological
14sex.
151. As used in this section:
16a. “Multiple occupancy restroom or changing area” means an
17area in a school building designed or designated to be used by
18more than one person at a time, in which students may be in
19various stages of undress in the presence of other students or
20persons. “Multiple occupancy restroom or changing area” includes
21but is not limited to a restroom, locker room, changing room,
22or shower room.
23b. “School” means a public school or nonpublic school.
24c. “Sex” means a person’s biological sex as female or male,
25as listed on a person’s official birth certificate issued at or
26near the time of the person’s birth.
27d. “Single occupancy restroom or changing area” means an
28area in a school building designed or designated to be used by
29one person at a time, in which the person may be in various
30stages of undress. “Single occupancy restroom or changing area”
31includes a restroom, locker room, changing room, or shower
32room.
332. A school shall require a multiple occupancy restroom or
34changing area to be designated only for and used by persons of
35the same sex. A person shall not enter a multiple occupancy
-1-1restroom or changing area, or a single occupancy restroom or
2changing area designated only for persons of the same sex, that
3does not correspond with the person’s sex.
43. In any other school facility, a facility used for
5extracurricular activity, overnight accommodations, or any
6other setting where a student may be in various stages of
7undress in the presence of other students or persons, school
8personnel shall provide separate, private areas designated for
9use by students based on the students’ sex.
104. A student who, for any reason, desires greater privacy
11when using a single or multiple occupancy restroom or changing
12area, or other facility described in subsection 3, and whose
13parent or legal guardian provides written consent to school
14officials, may submit a request to such officials for access to
15alternative facilities. The school official to whom a request
16is submitted shall evaluate such request and shall, to the
17extent reasonable, offer options for alternative facilities.
18In no event shall any accommodation be made that includes
19access to a student multiple occupancy restroom or changing
20area or a single occupancy restroom or changing area designated
21for use by students of the opposite sex while students of the
22opposite sex are present or could be present. Reasonable
23accommodations may include any of the following:
24a. Access to a single occupancy restroom or changing area.
25b. Access to a unisex single occupancy restroom or changing
26area by only one student at a time.
27c. Controlled use of faculty multiple occupancy restroom or
28changing area or a single occupancy restroom or changing area.
295. This section shall not be construed to prohibit a school
30from doing any of the following:
31a. Adopting policies necessary to accommodate disabled
32persons or young children in need of physical assistance when
33using a multiple occupancy restroom or changing area, a single
34occupancy restroom or changing area, or other facility or
35setting described in subsection 3.
-2- 1b. Permitting access to a multiple occupancy restroom or
2changing area, a single occupancy restroom or changing area,
3or other facility described in subsection 3 for custodial or
4maintenance purposes when such facility is not occupied by a
5member of the opposite sex.
6c. Rendering medical assistance.
7d. Permitting access to a multiple occupancy restroom or
8changing area, a single occupancy restroom or changing area,
9or other facility or setting described in subsection 3 during
10a natural disaster, emergency, or when necessary to prevent a
11serious threat to student safety.
126. a. A citizen of this state may file a complaint with the
13office of the attorney general that a school is in violation
14of the provisions of this section if all of the following are
15true:
16(1) The citizen provides written notice to the school
17describing the violation.
18(2) The school does not cure the violation within three
19business days after receiving written notice of the violation.
20b. A complaint filed pursuant to this section shall include
21all of the following:
22(1) A copy of the written notice delivered to the school.
23(2) A signed statement by the citizen describing the
24violation and stating that notice was provided.
25c. Upon receipt of a complaint, the attorney general shall
26investigate the violation described in the complaint. If the
27attorney general determines that no violation occurred or that
28no further legal action is warranted, then the attorney general
29shall send written notice of such determination to the citizen
30who filed the complaint and to the school. If the attorney
31general determines that legal action is warranted to cure the
32violation, then the attorney general may file an action in a
33court of competent jurisdiction seeking such equitable relief
34as the attorney general deems appropriate.
35d. This subsection shall not limit other remedies at law or
-3-1equity available to the aggrieved person against the school.
2 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
3importance, takes effect upon enactment.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill requires elementary and secondary public schools
8to designate and allow the use of multiple occupancy restrooms
9and changing areas only by persons of the same biological sex.
10The bill prohibits a person from entering a single or multiple
11occupancy restroom or changing area in a school that does not
12correspond with the person’s biological sex. The bill allows
13schools to provide alternative facilities upon a request to
14school officials for alternative facilities from the parents
15of the student.
16The bill also allows any citizen of the state to file a
17complaint of violation of the bill with the attorney general
18if the citizen provides written notice to the public school
19describing the violation and the public school does not cure
20the violation within three business days after receiving
21written notice. The complaint filed with the attorney general
22must have a copy of the written notice that had been delivered
23to the school and a signed statement by the citizen describing
24the violation. The attorney general is required to investigate
25the claim of a violation and pursue legal action if warranted.
26The bill provides that such designations and prohibitions do
27not constitute unfair or discriminatory practices in violation
28of the Iowa civil rights Act, Code chapter 216.
-4-cm/jh