Text of MN HF 426 (2023)

Student physical privacy provided.

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As introduced

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1.1 A bill for an act​ 1.2 relating to education; providing for student physical privacy; proposing coding​ 1.3 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.​ 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.​ 1.12 (b) "Sex" means the physical condition of being male or female, as determined by a​ 1.13 person's chromosomes and identified 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, or shower accessible by multiple students at the same time​ 1.18 shall be designated for the exclusive use by students based on their sex.​ 1.19 (b) A public school student restroom, locker room, changing room, or shower that is​ 1.20 designated for the exclusive use of one sex shall be used only by members of that sex.​ 1​ Section 1.​ REVISOR CM/JL 23-01605​ 01/05/23 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 426​ NINETY-THIRD SESSION​ 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. Under no circumstances may a public school student​ 2.7 restroom, locker room, changing room, shower, or other facility designated for exclusive​ 2.8 use based on sex be used by a person of another sex.​ 2​ Section 1.​ REVISOR CM/JL 23-01605​ 01/05/23 ​