Text of MN HF 41 (2017)

Student Physical Privacy Act established.

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As introduced

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1.1 A bill for an act​ 1.2 relating to education; establishing the Student Physical Privacy Act; proposing​ 1.3 coding for new law in Minnesota Statutes, chapter 121A.​ 1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.5 Section 1. [121A.35] STUDENT PHYSICAL PRIVACY ACT.​ 1.6 Subdivision 1. Purpose. The purpose of this section is to protect and provide for the​ 1.7 privacy and safety of all students enrolled in public schools and to maintain order and dignity​ 1.8 in restrooms, locker rooms, changing rooms, showers, and other facilities where students​ 1.9 may be in various states of undress in the presence of other students.​ 1.10 Subd. 2. Definitions. (a) For the purposes of this section, the following terms have the​ 1.11 meanings given them.​ 1.12 (b) "Sex" means the physical condition of being male or female, which is determined​ 1.13 by a person's chromosomes and is identified at birth by a person's anatomy.​ 1.14 (c) "Public school" means a public school under section 120A.05, subdivisions 9, 11,​ 1.15 13, and 17, and a charter school under chapter 124E.​ 1.16 Subd. 3. Student physical privacy protection. (a) A public school student restroom,​ 1.17 locker room, changing room, and shower room accessible by multiple students at the same​ 1.18 time shall be designated for the exclusive use by students of the male sex only or by students​ 1.19 of the female sex only.​ 1.20 (b) A public school student restroom, locker room, changing room, and shower room​ 1.21 that is designated for the exclusive use of one sex shall be used only by members of that​ 1.22 sex.​ 1​ Section 1.​ REVISOR KRB/JC 17-0791​ 12/13/16 ​ 2.1 (c) In any other public school facility or setting where a student may be in a state of​ 2.2 undress in the presence of other students, school personnel shall provide separate, private,​ 2.3 and safe areas designated for use by students based on their sex.​ 2.4 (d) Nothing in this section shall prohibit public schools from providing accommodation​ 2.5 such as single-occupancy facilities or controlled use of faculty facilities upon a student​ 2.6 request due to special circumstances, but in no event shall that accommodation result in a​ 2.7 public school allowing a student to use a facility designated under paragraph (b) for a sex​ 2.8 other than the student's own sex.​ 2​ Section 1.​ REVISOR KRB/JC 17-0791​ 12/13/16 ​