Text of AR HB 1156 (2023)

Stricken language would be deleted from and underlined language would be added to present law. *TNL080* 1/17/2023 1:42:57 PM TNL080 State of Arkansas 1 94th General Assembly A Bill 2 Regular Session, 2023 HOUSE BILL 1156 3 4 By: Representatives Bentley, K. Brown, Crawford, D. Hodges, Ladyman, Long, Lundstrum, McAlindon, 5 Miller, S. Richardson, Rose, Tosh 6 By: Senator D. Sullivan 7 8 For An Act To Be Entitled 9 AN ACT CONCERNING A PUBLIC SCHOOL DISTRICT OR OPEN- 10 ENROLLMENT PUBLIC CHARTER SCHOOL POLICY RELATING TO 11 THE SEX OF A PUBLIC SCHOOL STUDENT WHO ATTENDS A 12 PUBLIC SCHOOL SPONSORED OR SUPERVISED OVERNIGHT TRIP; 13 CONCERNING THE DESIGNATION OF A MULTIPLE OCCUPANCY 14 RESTROOM OR CHANGING AREA BASED ON AN INDIVIDUAL'S 15 SEX; AND FOR OTHER PURPOSES. 16 17 18 Subtitle 19 CONCERNING A PUBLIC SCHOOL DISTRICT OR 20 OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL 21 POLICY RELATING TO A PUBLIC SCHOOL 22 STUDENT'S SEX. 23 24 25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 27 SECTION 1. Arkansas Code Title 6, Chapter 10, Subchapter 1, is amended 28 to add an additional section to read as follows: 29 6-10-137. Overnight trips. 30 A public school district or open-enrollment public charter school that 31 sponsors or supervises an overnight trip involving a public school student 32 shall ensure that a public school student attending the overnight trip is 33 assigned to a room based on the public school student's birth-assigned 34 gender. 35 36 HB1156 2 1/17/2023 1:42:57 PM TNL080 SECTION 2. Arkansas Code Title 6, Chapter 21, Subchapter 1, is amended 1 to add an additional section to read as follows: 2 6-21-120. Public school restrooms — Designation based on sex. 3 (a) As used in this section: 4 (1)(A) "Multiple occupancy restroom or changing area" means an 5 area in a public school district or open-enrollment public charter school 6 building that is designed or designated to be used by one (1) or more 7 individuals at the same time and in which one (1) or more individuals may be 8 in various stages of undress in the presence of other individuals. 9 (B) "Multiple occupancy restroom or changing area" 10 includes without limitation the following: 11 (i) A restroom; 12 (ii) A locker room; 13 (iii) A changing room; and 14 (iv) A shower room; and 15 (2) "Sex" means the physical condition of being male or female 16 based on genetics and physiology, as identified on an individual's original 17 birth certificate. 18 (b) To ensure privacy and safety, each public school district and 19 open-enrollment public charter school that serves students in prekindergarten 20 through grade twelve (preK-12) in this state shall: 21 (1) Require each multiple occupancy restroom or changing area to 22 be designated as follows: 23 (A) For the exclusive use by the male sex; or 24 (B) For the exclusive use by the female sex; 25 (2)(A) Provide a reasonable accommodation to an individual who 26 does not wish to comply with subdivision (b)(1) of this section. 27 (B) A reasonable accommodation under this subdivision 28 (b)(2)(A) shall include access to a single-occupancy restroom or changing 29 room; and 30 (3)(A) Adopt a policy to administer disciplinary action for an 31 individual who refuses to comply with this section. 32 (B) A public school district or open-enrollment public 33 charter school that serves students in prekindergarten through grade twelve 34 (preK-12) in this state shall not adopt a policy under this subdivision 35 (b)(3)(A) that is contrary to this section. 36 HB1156 3 1/17/2023 1:42:57 PM TNL080 (c) This section does not apply to an individual who enters a multiple 1 occupancy restroom or changing area designated for use by the opposite sex 2 when he or she enters for at least one (1) of the following circumstances: 3 (1) For custodial, maintenance, or inspection purposes; 4 (2) To render emergency medical assistance; or 5 (3) To address an ongoing emergency, including without 6 limitation a physical altercation. 7 (d) Upon the State Board of Education finding noncompliance with this 8 section, a noncompliant public school district or open-enrollment public 9 charter school shall receive a five percent (5%) decrease in state foundation 10 funding as provided under § 6-20-2305 for the fiscal year following the year 11 the public school district or open-enrollment public charter school was found 12 to be noncompliant with this section. 13 (e) A parent, legal guardian, or person standing in loco parentis of a 14 public school student shall have a cause of action against a public school 15 district or open-enrollment public charter school that is found to be 16 noncompliant under subsection (d) of this section. 17 (f) The Division of Elementary and Secondary Education shall 18 promulgate rules to implement this section. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Stricken language would be deleted from and underlined language would be added to present law. Act 317 of the Regular Session *TNL080* 03-09-2023 12:13:54 TNL080 State of Arkansas As Engrossed: H1/24/23 H1/30/23 S3/9/23 1 94th General Assembly A Bill 2 Regular Session, 2023 HOUSE BILL 1156 3 4 By: Representatives Bentley, K. Brown, Crawford, D. Hodges, Ladyman, Long, Lundstrum, McAlindon, 5 Miller, Rose, Tosh, Barker 6 By: Senator D. Sullivan 7 8 For An Act To Be Entitled 9 AN ACT CONCERNING A PUBLIC SCHOOL DISTRICT OR OPEN- 10 ENROLLMENT PUBLIC CHARTER SCHOOL POLICY RELATING TO 11 THE SEX OF A PUBLIC SCHOOL STUDENT WHO ATTENDS A 12 PUBLIC SCHOOL SPONSORED OR SUPERVISED OVERNIGHT TRIP; 13 CONCERNING THE DESIGNATION OF A MULTIPLE OCCUPANCY 14 RESTROOM OR CHANGING AREA BASED ON AN INDIVIDUAL'S 15 SEX; AND FOR OTHER PURPOSES. 16 17 18 Subtitle 19 CONCERNING A PUBLIC SCHOOL DISTRICT OR 20 OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL 21 POLICY RELATING TO A PUBLIC SCHOOL 22 STUDENT'S SEX. 23 24 25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 27 SECTION 1. Arkansas Code Title 6, Chapter 10, Subchapter 1, is amended 28 to add an additional section to read as follows: 29 6-10-137. Overnight trips. 30 (a) Except as provided in subsection (b) of this section, a public 31 school district or open-enrollment public charter school that sponsors or 32 supervises an overnight trip involving a public school student shall ensure 33 that a public school student attending the overnight trip either: 34 (1) Shares sleeping quarters with a member or, if necessary, 35 multiple members, of the same sex; or 36 As Engrossed: H1/24/23 H1/30/23 S3/9/23 HB1156 2 03-09-2023 12:13:54 TNL080 (2) Is provided single-occupancy sleeping quarters. 1 (b) A public school student attending an overnight trip may share 2 sleeping quarters with a member of the opposite sex if the member of the 3 opposite sex is a member of the public school student's immediate family. 4 5 SECTION 2. Arkansas Code Title 6, Chapter 21, Subchapter 1, is amended 6 to add an additional section to read as follows: 7 6-21-120. Public school restrooms — Designation based on sex. 8 (a) As used in this section: 9 (1)(A) "Multiple occupancy restroom or changing area" means an 10 area in a public school district or open-enrollment public charter school 11 building that is designed or designated to be used by one (1) or more 12 individuals at the same time and in which one (1) or more individuals may be 13 in various stages of undress in the presence of other individuals. 14 (B) "Multiple occupancy restroom or changing area" 15 includes without limitation the following: 16 (i) A restroom; 17 (ii) A locker room; 18 (iii) A changing room; and 19 (iv) A shower room; and 20 (2)(A) "Sex" means the physical condition of being male or 21 female based on genetics and physiology. 22 (B) A public school district or open-enrollment public 23 charter school may rely upon a public school student's sex as identified on 24 his or her original birth certificate issued at or near the time of his or 25 her birth. 26 (b) To ensure privacy and safety, each public school district and 27 open-enrollment public charter school that serves students in prekindergarten 28 through grade twelve (preK-12) in this state shall: 29 (1) Require each multiple occupancy restroom or changing area to 30 be designated as follows: 31 (A) For the exclusive use by the male sex; or 32 (B) For the exclusive use by the female sex; and 33 (2)(A) Provide a reasonable accommodation to an individual who 34 is unwilling or unable to use a multiple occupancy restroom or changing area 35 designated for the individual's sex. 36 As Engrossed: H1/24/23 H1/30/23 S3/9/23 HB1156 3 03-09-2023 12:13:54 TNL080 (B)(i) A reasonable accommodation under this subdivision 1 (b)(2)(A) may include without limitation access to a single-occupancy 2 restroom or changing area. 3 (ii) A reasonable accommodation shall not include 4 access to a restroom or changing area that is designated for use by members 5 of the opposite sex to an individual while members of the opposite sex of the 6 individual are present or may be present in the restroom or changing area. 7 (c) This section does not apply to an individual who enters a multiple 8 occupancy restroom or changing area designated for use by the opposite sex 9 when he or she enters for at least one (1) of the following circumstances: 10 (1) For custodial, maintenance, or inspection purposes; 11 (2) To render emergency medical assistance; or 12 (3) To address an ongoing emergency, including without 13 limitation a physical altercation. 14 (d)(1) Nothing in this section shall be construed to prohibit a public 15 school district or open-enrollment public charter school from adopting a 16 policy that is necessary to accommodate individuals protected under the 17 Americans with Disabilities Act of 1990, Pub. L. No. 101-336, as it existed 18 on January 1, 2023, or young children who are in need of physical assistance 19 when using a restroom or changing facility that is located in a public school 20 district or open-enrollment public charter school. 21 (2) However, a public school district or open-enrollment public 22 charter school that serves students in prekindergarten through grade twelve 23 (preK-12) in this state shall not adopt a policy under subdivision (d)(1) of 24 this section that is contrary to this section. 25 (e)(1) An allegation of noncompliance with this section shall be 26 referred to the Professional Licensure Standards Board by filing a formal 27 complaint. 28 (2) Upon the board finding noncompliance with this section, the 29 following individuals, as applicable, shall be subject to a minimum fine of 30 one thousand dollars ($1,000), and may receive additional sanctions as 31 determined by the board: 32 (A) The superintendent of a public school district where 33 the noncompliance occurred, if the superintendent is found specifically to be 34 noncompliant with this section; 35 (B) The principal of a public school where the 36 As Engrossed: H1/24/23 H1/30/23 S3/9/23 HB1156 4 03-09-2023 12:13:54 TNL080 noncompliance occurred, if the principal is found specifically to be 1 noncompliant with this section; 2 (C) The director or administrative head of an open- 3 enrollment public charter school where the noncompliance occurred, if the 4 director or administrative head is found specifically to be noncompliant with 5 this section; or 6 (D) A teacher or supervisor of a classroom or school- 7 sponsored activity, if the teacher or supervisor is found specifically to be 8 noncompliant with this section. 9 (f) A parent, legal guardian, or person standing in loco parentis of a 10 public school student shall have a cause of action against a public school 11 district or an open-enrollment public charter school if: 12 (1) His or her public school student: 13 (A) Encounters a member of the opposite sex in a public 14 school district or open-enrollment public charter school multiple occupancy 15 restroom or changing area that is designated for the public school student's 16 sex if the member of the opposite sex received permission from the public 17 school district or open-enrollment public charter school superintendent or 18 the public school or open-enrollment public charter school building principal 19 to use the multiple occupancy restroom or changing area; or 20 (B) Is required by a public school district or open- 21 enrollment public charter school superintendent or the public school or open- 22 enrollment public charter school building principal to share sleeping 23 quarters with a member of the opposite sex who is not a family member of the 24 public school student; or 25 (2) The public school district or open-enrollment public charter 26 school is found to be noncompliant under subsection (e) of this section. 27 (g) The Division of Elementary and Secondary Education shall 28 promulgate rules to implement this section. 29 30 /s/Bentley 31 32 33 APPROVED: 3/21/23 34 35 36