Text of AL HB 322 (2022)

1 HB322 2 215271-1 3 By Representatives Stadthagen, Allen, Lipscomb, Wood (D), 4 Kiel, Shedd, Wilcox, Whorton, Marques, Sorrells, Simpson, 5 Robertson, Brown (C), Hanes, Standridge, Holmes, Estes, 6 Collins, Harbison, Farley, Treadaway, Kitchens, Sullivan, 7 Pettus, Rich, Oliver, Hurst, Easterbrook, Bedsole, Brown (K), 8 Reynolds, Carns, Drake, Mooney, Wingo, Fincher, Dismukes, 9 Greer, Crawford, Shiver, Sells, Garrett, Faust, Sorrell, 10 McCutcheon and Stringer 11 RFD: Education Policy 12 First Read: 09-FEB-22 Page 0 1 215271-1:n:10/04/2021:AHP*/cmg LSA2021-2104 2 3 4 5 6 7 8 SYNOPSIS: There is no existing law that specifically 9 addresses the privacy rights of a public K-12 10 student relating to the use of school facilities 11 designated for the biological sex of the student. 12 This bill would require public K-12 schools 13 to designate all rooms that are accessible to 14 multiple students of one sex to be used by male and 15 female students on the basis of biological sex. 16 17 A BILL 18 TO BE ENTITLED 19 AN ACT 20 21 Relating to public K-12 schools; to require public 22 K-12 schools to designate the use of rooms where students may 23 be in various stages of undress upon the basis of biological 24 sex. 25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 26 Section 1. (a) For the purposes of this section, the 27 following terms have the following meanings: Page 1 1 (1) BIOLOGICAL SEX. The physical condition of being 2 male or female, as stated on the individual's original birth 3 certificate. 4 (2) MULTIPLE OCCUPANCY RESTROOM OR CHANGING AREA. An 5 area in a public K-12 school building designed or designated 6 to be used by more than one individual student at a time, 7 where students may be in various stages of undress in the 8 presence of other students or individuals. The term may 9 include, but is not limited to, a school restroom, locker 10 room, changing room, or shower room. 11 (b) A public K-12 school shall require every 12 multiple occupancy restroom or changing area designated for 13 student use to be used by individuals based on their 14 biological sex. 15 (c) This section does not apply to individuals 16 entering a multiple occupancy restroom or changing area 17 designated for use by the opposite sex when entering in any of 18 the following circumstances: 19 (1) For custodial purposes. 20 (2) For maintenance or inspection purposes. 21 (3) To render medical assistance. 22 (4) To accompany a student needing assistance when 23 the assisting individual is an employee of the local board of 24 education or the student's parent or authorized caregiver. 25 (5) To receive assistance in using the area. 26 (6) When the restroom has been temporarily 27 designated for use by that individual's biological sex. Page 2 1 Section 2. This act shall become effective on the 2 first day of the third month following its passage and 3 approval by the Governor, or its otherwise becoming law. Page 3

1 HB322 2 215271-2 3 By Representatives Stadthagen, Allen, Lipscomb, Wood (D), 4 Kiel, Shedd, Wilcox, Whorton, Marques, Sorrells, Simpson, 5 Robertson, Brown (C), Hanes, Standridge, Holmes, Estes, 6 Collins, Harbison, Farley, Treadaway, Kitchens, Sullivan, 7 Pettus, Rich, Oliver, Hurst, Easterbrook, Bedsole, Brown (K), 8 Reynolds, Carns, Drake, Mooney, Wingo, Fincher, Dismukes, 9 Greer, Crawford, Shiver, Sells, Garrett, Faust, Sorrell, 10 McCutcheon and Stringer 11 RFD: Education Policy 12 First Read: 09-FEB-22 Page 0 HB322 1 2 ENROLLED, An Act, 3 Relating to public K-12 schools; to require public 4 K-12 schools to designate the use of rooms where students may 5 be in various stages of undress upon the basis of biological 6 sex; and to prohibit certain classroom discussion or 7 instruction for certain students . 8 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 9 Section 1. (a) For the purposes of this section, the 10 following terms have the following meanings: 11 (1) BIOLOGICAL SEX. The physical condition of being 12 male or female, as stated on the individual's original birth 13 certificate. 14 (2) MULTIPLE OCCUPANCY RESTROOM OR CHANGING AREA. An 15 area in a public K-12 school building designed or designated 16 to be used by more than one individual student at a time, 17 where students may be in various stages of undress in the 18 presence of other students or individuals. The term may 19 include, but is not limited to, a school restroom, locker 20 room, changing room, or shower room. 21 (b) A public K-12 school shall require every 22 multiple occupancy restroom or changing area designated for 23 student use to be used by individuals based on their 24 biological sex. Page 1 HB322 1 (c) This section does not apply to individuals 2 entering a multiple occupancy restroom or changing area 3 designated for use by the opposite sex when entering in any of 4 the following circumstances: 5 (1) For custodial purposes. 6 (2) For maintenance or inspection purposes. 7 (3) To render medical assistance. 8 (4) To accompany a student needing assistance when 9 the assisting individual is an employee of the local board of 10 education or the student's parent or authorized caregiver. 11 (5) To receive assistance in using the area. 12 (6) When the restroom has been temporarily 13 designated for use by that individual's biological sex. 14 Section 2. (a) An individual or group of individuals 15 providing classroom instruction to students in kindergarten 16 through the fifth grade at a public K-12 school shall not 17 engage in classroom discussion or provide classroom 18 instruction regarding sexual orientation or gender identity in 19 a manner that is not age appropriate or developmentally 20 appropriate for students in accordance with state standards. 21 (b) The State Board of Education shall adopt rules 22 for the implementation and enforcement of this section. 23 Section 3. This act shall become effective on the 24 first day of the third month following its passage and 25 approval by the Governor, or its otherwise becoming law. Page 2 HB322 1 2 3 4 Speaker of the House of Representatives 5 6 President and Presiding Officer of the Senate House of Representatives 7 I hereby certify that the within Act originated in 8 9 and was passed by the House 22-FEB-22. 10 11 Jeff Woodard 12 Clerk 13 14 Senate 15 07-APR-22 Amended and Passed House 16 07-APR-22 Concurred in Sen- ate Amendment 17 Page 3