1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 26 By: Pemberton | | | 4| | | | 5| AS INTRODUCED | | | 6| An Act relating to schools; amending Section 1, | | Chapter 323, O.S.L. 2022 (70 O.S. Supp. 2022, Section | 7| 1-125), which relates to restroom or changing area | | use; providing certain exception; providing an | 8| effective date; and declaring an emergency. | | | 9| | | | 10|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 11| SECTION 1. AMENDATORY Section 1, Chapter 323, O.S.L. | | | 12|2022 (70 O.S. Supp. 2022, Section 1-125), is amended to read as | | | 13|follows: | | | 14| Section 1-125. A. As used in this section: | | | 15| 1. "Sex" means the physical condition of being male or female | | | 16|based on genetics and physiology, as identified on the individual's | | | 17|original birth certificate; and | | | 18| 2. "Multiple occupancy restroom or changing area" means an area | | | 19|in a public school or public charter school building designed or | | | 20|designated to be used by more than one individual at a time, where | | | 21|individuals may be in various stages of undress in the presence of | | | 22|other individuals. The term may include but is not limited to a | | | 23|school restroom, locker room, changing room, or shower room. | | | 24| | | | Req. No. 745 Page 1 ___________________________________________________________________________
1| B. To ensure privacy and safety, each public school and public | | | 2|charter school that serves students in prekindergarten through | | | 3|twelfth grades in this state shall require every multiple occupancy | | | 4|restroom or changing area designated as follows: | | | 5| 1. For the exclusive use of the male sex; or | | | 6| 2. For the exclusive use of the female sex. | | | 7| C. Each public school or public charter school in this state | | | 8|shall provide a reasonable accommodation to any individual who does | | | 9|not wish to comply with the provisions of subsection B of this | | | 10|section. A reasonable accommodation shall be access to a | | | 11|single-occupancy restroom or changing room. | | | 12| D. The provisions of this section shall not apply to | | | 13|individuals entering a multiple occupancy restroom or changing area | | | 14|designated for use by the opposite sex when entering in any of the | | | 15|followingcircumstancecircumstances: | | | 16| 1. For custodial, maintenance, or inspection purposes;or| | | 17| 2. To render emergency medical assistance; or | | | 18| 3. When a coach enters a locker room before, during, or after | | | 19|an athletic activity and all students present are fully clothed. | | | 20| E. 1. Each school district board of education and public | | | 21|charter school governing board shall adopt a policy to provide | | | 22|disciplinary action for individuals who refuse to comply with the | | | 23|provisions of this section. | | | 24| | | | Req. No. 745 Page 2 ___________________________________________________________________________
1| 2. No school district board of education or charter school | | | 2|governing board shall adopt a policy contrary to the provisions of | | | 3|this section. | | | 4| F. Upon a finding of noncompliance with the provisions of | | | 5|subsections B and C of this section by the State Board of Education, | | | 6|the noncompliant school district or public charter school shall | | | 7|receive a five percent (5%) decrease in state funding for the school | | | 8|district or public charter school for the fiscal year following the | | | 9|year of noncompliance. | | | 10| G. A parent or legal guardian of a student enrolled in and | | | 11|physically attending a public school district or public charter | | | 12|school shall have a cause of action against the public school | | | 13|district or public charter school for noncompliance with the | | | 14|provisions of subsections B and C of this section. | | | 15| H. The State Board of Education shall promulgate rules to | | | 16|implement the provisions of this section. | | | 17| SECTION 2. This act shall become effective July 1, 2023. | | | 18| SECTION 3. It being immediately necessary for the preservation | | | 19|of the public peace, health, or safety, an emergency is hereby | | | 20|declared to exist, by reason whereof this act shall take effect and | | | 21|be in full force from and after its passage and approval. | | | 22| | | | 23| 59-1-745 EB 12/13/2022 2:34:53 PM | | | 24| | | | Req. No. 745 Page 3