Text of MI SB 993 (2016)
Education; students; reasonable accommodation for a minor who has parental permission to assert gender different from biological sex; require, and require certain practices regarding locker room and restroom usage. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1181.
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As introduced
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SENATE BILL No. 993
May 25, 2016,
Introduced by Senator CASPERSON and referred to the Committee on Government
Operations.
A
bill to amend 1976 PA 451, entitled
"The
revised school code,"
(MCL
380.1 to 380.1852) by adding section 1181.
THE
PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1181. (1) If a pupil enrolled in a school district,
intermediate
school district, or public school academy asserts that
the
pupil's gender is different from the pupil's biological sex,
and
if the pupil's parent or legal guardian consents to that
assertion
in writing to a public school administrator, or if the
pupil
is at least age 18 or an emancipated minor and makes the
assertion
in writing to a public school administrator, the school
district,
intermediate school district, or public school academy
shall
provide the pupil with a reasonable accommodation. For the
purposes
of this subsection, a reasonable accommodation is one that
does
not impose an undue hardship on a school district,
intermediate
school district, or public school academy. A
reasonable
accommodation may not include the use of a pupil
restroom,
locker room, or shower room designated for use by pupils
of
the opposite biological sex if pupils of the opposite biological
sex
are present or could be present. A reasonable accommodation may
include
a single-occupancy restroom, a unisex restroom, or the
controlled
use of a restroom, locker room, or shower room that is
designated
for use by faculty.
(2)
The board of a school district or intermediate school
district
or board of directors of a public school academy shall
ensure
that all of the following are met:
(a)
A restroom, locker room, or shower room that is located in
an
elementary or secondary school under the control of the board or
board
of directors, is designated for pupil use, and is accessible
by
multiple pupils at the same time shall be designated for and
used
only by pupils of the same biological sex.
(b)
A public school pupil participating in a school-sponsored
activity
off school premises that includes being in a state of
undress
in the presence of other pupils shall use only a restroom,
locker
room, or shower room designated for and used only by pupils
of
the same biological sex.
(3)
A school administrator, school counselor, or teacher who
has
reasonable cause to suspect child abuse or neglect with regard
to
a pupil described in this section shall comply with the
reporting
requirements of section 3 of the child protection law,
1975
PA 238, MCL 722.623, as provided under that section.
(4)
As used in this section, "biological sex" means the
physical
condition of being male or female as determined by a
person's
chromosomes and anatomy as identified at birth.
Enacting
section 1. This amendatory act takes effect 90 days
after
the date it is enacted into law.