Text of GA HB 836 (2024)

23 LC 49 1465 H. B. 836 -1- House Bill 836 By: Representatives Scoggins of the 14th, Gullett of the 19th, Bonner of the 73rd, Kelley of the 16th, Knight of the 134th, and others A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia 1 Annotated, relating to health of elementary and secondary school students, so as to provide 2 for the safety of students; to require multiple occupancy restrooms and changing areas in 3 public schools to be designated for exclusive use by males or females; to provide for 4 reasonable accommodations; to provide for exceptions; to provide for public school and local 5 school system policies; to provide for sleeping quarter arrangements on overnight field trips; 6 to provide for investigation of complaints of noncompliance by the Professional Standards 7 Commission; to provide for sanctions; to provide for a cause of action; to provide for rules 8 and regulations; to provide for definitions; to provide for statutory construction; to provide 9 for related matters; to repeal conflicting laws; and for other purposes. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 11 SECTION 1. 12 Part 3of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, 13 relating to health of elementary and secondary school student, is amended by revising Code 14 Section 20-2-771.1, which was previously reserved, as follows: 15 "20-2-771.1. 16 (a) As used in this Code section, the term: 17 23 LC 49 1465 H. B. 836 -2- (1) 'Multiple occupancy restroom or changing area' means an area in a public school or 18 local school system building that is designed or designated to be used by one or more 19 individuals at the same time and in which one or more individuals may be in various 20 stages of undress in the presence of other individuals. Such term includes, but shall not 21 be limited to, the following: 22 (A) Restrooms; 23 (B) Locker rooms; 24 (C) Changing rooms; and 25 (D) Shower rooms. 26 (2) 'Sex' means the physical condition of being male or female based on genetics and 27 physiology; provided, however, that a public school or local school system may rely upon 28 student's sex as identified on his or her original birth certificate issued at or near the time 29 of his or her birth. 30 (b) To ensure privacy and safety of students, each public school or local school system in 31 this state shall: 32 (1) Require each multiple occupancy restroom or changing area to be designated as 33 follows: 34 (A) For the exclusive use by individuals whose sex is male; or 35 (B) For the exclusive use by individuals whose sex is female; and 36 (2)(A) Provide a reasonable accommodation to an individual who is unwilling or 37 unable to use a multiple occupancy restroom or changing area designated for such 38 individual's sex. 39 (B)(i) A reasonable accommodation under this paragraph may include, but shall not 40 necessarily be limited to, allowing such individual to access a single-occupancy 41 restroom or changing area. 42 (ii) A reasonable accommodation under this paragraph shall not include allowing 43 such individual to access a restroom or changing area that is designated for use by 44 23 LC 49 1465 H. B. 836 -3- members of the opposite sex while members of the opposite sex of the individual are 45 present or may be present in the restroom or changing area. 46 (c) This Code section shall not be construed or applied to prohibit an individual from 47 entering a multiple occupancy restroom or changing area designated for use by individuals 48 of the opposite sex when he or she enters such area for one of the following reasons: 49 (1) For authorized custodial, maintenance, or inspection purposes; 50 (2) To render emergency medical assistance; or 51 (3) To address an ongoing emergency, including, but not limited to, a physical 52 altercation. 53 (d) Nothing in this Code section shall be construed or applied to prohibit a public school 54 or local school system from adopting a policy that is necessary to accommodate individuals 55 protected under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, as it 56 existed on January 1, 2024, or young children who are in need of physical assistance when 57 using a restroom or changing facility that is located in a public school or local school 58 system; provided, however, that such policy shall not be contrary to or inconsistent with 59 the provisions of subsections (a) through (c) of this Code section. 60 (e)(1) Except as provided in paragraph (2) of this subsection, a public school or local 61 school system that sponsors or supervises an overnight trip involving public school 62 students shall ensure that a public school student attending the overnight trip either: 63 (A) Shares sleeping quarters with a member or, if necessary, multiple members, of the 64 same sex; or 65 (B) Is provided single-occupancy sleeping quarters. 66 (2) A public school student attending an overnight trip may share sleeping quarters with 67 a member of the opposite sex if the member of the opposite sex is a member of such 68 student's immediate family. 69 (f)(1) The Professional Standards Commission shall be authorized as provided in 70 subsection (a) of Code Section 20-2-984.3 to investigate complaints alleging 71 noncompliance with this Code section. 72 23 LC 49 1465 H. B. 836 -4- (2) Upon a finding of noncompliance with this Code section by the Professional 73 Standards Commission, the following individuals, as applicable, shall be subject to a 74 minimum fine of $1,000.00 and may receive additional sanctions as determined by the 75 Professional Standards Commission: 76 (A) The local school superintendent of the local school system where the 77 noncompliance occurred, if he or she is found specifically to be noncompliant with this 78 Code section; 79 (B) The principal of the public school where the noncompliance occurred, if he or she 80 is found specifically to be noncompliant with this Code section; and 81 (C) A teacher or supervisor of a classroom or school sponsored activity, if he or she is 82 found specifically to be noncompliant with this Code section. 83 (g) A parent or legal guardian of a public school student shall have a cause of action 84 against a public school or local school system if: 85 (1) Such student: 86 (A) Encounters a member of the opposite sex in a multiple occupancy restroom or 87 changing area that is designated for individuals whose sex is the same as such student's 88 sex if such member of the opposite sex received permission or direction from an 89 individual provided for in subparagraphs (f)(2)(A) through (C) of this Code section to 90 use such multiple occupancy restroom or changing area; or 91 (B) Is required by an individual provided for in subparagraphs (f)(2)(A) through (C) 92 of this Code section to share sleeping quarters with a member of the opposite sex who 93 is not a family member of such student; or 94 (2) An individual provided for in subparagraphs (f)(2)(A) through (C) of this Code 95 section is found to be noncompliant under subsection (f) of this Code section arising out 96 of or related to an incident involving such student. 97 (h) The State Board of Education and the Professional Standards Commission shall 98 promulgate rules and regulations to implement this section. Reserved." 99 23 LC 49 1465 H. B. 836 -5- SECTION 2. 100 All laws and parts of laws in conflict with this Act are repealed. 101