Text of NE LB 730 (2026)
Require schools and state agencies to designate restrooms and locker rooms based on sex and require state agencies to define an individual's sex as either male or female for purposes of rules and regulations, the enforcement of administrative actions, and adjudication of disputes
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As introduced
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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 730
Introduced by Kauth, 31.
Read first time January 07, 2026
Committee:
A BILL FOR AN ACT relating to public health and welfare; to define terms;
1
to
require
public
schools,
public
postsecondary
educational
2
institutions, and state agencies to designate restrooms and locker
3
rooms based on sex and prohibit use by the opposite sex as
4
prescribed; and to require each state agency to define an
5
individuals sex as either male or female for purposes of rules and
6
regulations, the enforcement of administrative actions, and the
7
adjudication of disputes as prescribed.
8
Be it enacted by the people of the State of Nebraska,
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Section 1. (1) For purposes of this section:
1
(a) Boy means an adolescent human male;
2
(b) Designate means to post signage or otherwise provide indication
3
at or near the entrance to the restroom or locker room that is readily
4
visible and states that the restroom or locker room is designated as one
5
of the following: For use by females, for use by males, single occupancy,
6
or for use by families;
7
(c) Female means an individual who naturally has, had, will have, or
8
would have, but for a congenital anomaly or intentional or unintentional
9
disruption, the reproductive system that at some point produces,
10
transports, and utilizes eggs for fertilization. Female includes a woman
11
and a girl;
12
(d) Girl means an adolescent human female;
13
(e) Male means an individual who naturally has, had, will have, or
14
would have, but for a congenital anomaly or intentional or unintentional
15
disruption, the reproductive system that at some point produces,
16
transports, and utilizes sperm for fertilization. Male includes a man and
17
a boy;
18
(f) Man means an adult human male;
19
(g) Public school means any public school offering instruction in
20
elementary or high school grades;
21
(h) Sex means an individual's sex, either male or female; and
22
(i) Woman means an adult human female.
23
(2) The governing body of a public school shall designate each group
24
restroom within each school building as one of the following: For use by
25
females, for use by males, single occupancy, or for use by families.
26
(3)(a) Except as provided in subdivision (3)(b) of this section, the
27
governing body of a public school shall not:
28
(i) Allow a male to use a restroom designated for use by females; or
29
(ii) Allow a female to use a restroom designated for use by males.
30
(b) This subsection shall not apply to:
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(i)
An
individual
entering
a
restroom
under
the
following
1
circumstances:
2
(A) Entrance for custodial, maintenance, or inspection purposes so
3
long as such individual takes reasonable steps to ensure that no
4
individual of the opposite sex is in a state of undress prior to entering
5
the restroom; or
6
(B) Entrance to render emergency assistance; or
7
(ii) A parent or caregiver bringing a minor child or an individual
8
with a disability that is of the opposite sex of such parent or caregiver
9
into a restroom designated for such parent's or caregiver's sex.
10
(4) The governing body of a public school shall designate each
11
locker room within each school building as one of the following: For use
12
by females, for use by males, or single occupancy.
13
(5)(a) Except as provided in subdivision (5)(b) of this section, the
14
governing body of a public school shall not:
15
(i) Allow a male to enter or use a locker room designated for and
16
being used at such time by one or more females; or
17
(ii) Allow a female to enter or use a locker room designated for and
18
being used at such time by one or more males.
19
(b) This subsection shall not apply to an individual entering a
20
locker room under the following circumstances:
21
(i) Entrance for custodial, maintenance, or inspection purposes so
22
long as such individual takes reasonable steps to ensure that no
23
individual of the opposite sex is in a state of undress prior to entering
24
the locker room;
25
(ii) Entrance to render emergency assistance; or
26
(iii) Entrance by a coach, athletic trainer, or other authorized
27
official or school employee so long as such individual takes reasonable
28
steps to ensure that no individual of the opposite sex is in a state of
29
undress prior to entering the locker room.
30
(6) An individual born with a diagnosis of a disorder or difference
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in sex development shall have the relevant legal protections and
1
accommodations afforded under the federal Americans with Disabilities Act
2
of 1990, as amended.
3
(7)(a) The governing body of each public school shall adopt a policy
4
implementing this section. Such policy shall include provisions regarding
5
the conduct of visitors and the public.
6
(b) The governing body of a public school or any official or
7
employee of a public school shall not retaliate against any individual
8
for reporting in good faith a violation of this section or related rules,
9
regulations, or policies.
10
Sec. 2. (1) For purposes of this section:
11
(a) Boy means an adolescent human male;
12
(b) Designate means to post signage or otherwise provide indication
13
at or near the entrance to the restroom or locker room that is readily
14
visible and states that the restroom or locker room is designated as one
15
of the following: For use by females, for use by males, single occupancy,
16
or for use by families;
17
(c) Female means an individual who naturally has, had, will have, or
18
would have, but for a congenital anomaly or intentional or unintentional
19
disruption, the reproductive system that at some point produces,
20
transports, and utilizes eggs for fertilization. Female includes a woman
21
and a girl;
22
(d) Girl means an adolescent human female;
23
(e) Male means an individual who naturally has, had, will have, or
24
would have, but for a congenital anomaly or intentional or unintentional
25
disruption, the reproductive system that at some point produces,
26
transports, and utilizes sperm for fertilization. Male includes a man and
27
a boy;
28
(f) Man means an adult human male;
29
(g) Postsecondary educational institution means a university,
30
college, or community college located in Nebraska that is a member
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institution of an accrediting body recognized by the United States
1
Department of Education;
2
(h) Sex means an individual's sex, either male or female; and
3
(i) Woman means an adult human female.
4
(2) The governing body of a public postsecondary educational
5
institution shall designate each group restroom within each school
6
building as one of the following: For use by females, for use by males,
7
single occupancy, or for use by families.
8
(3)(a) Except as provided in subdivision (3)(b) of this section, the
9
governing body of a public postsecondary educational institution shall
10
not:
11
(i) Allow a male to use a restroom designated for use by females; or
12
(ii) Allow a female to use a restroom designated for use by males.
13
(b) This subsection shall not apply to:
14
(i)
An
individual
entering
a
restroom
under
the
following
15
circumstances:
16
(A) Entrance for custodial, maintenance, or inspection purposes so
17
long as such individual takes reasonable steps to ensure that no
18
individual of the opposite sex is in a state of undress prior to entering
19
the restroom; or
20
(B) Entrance to render emergency assistance; or
21
(ii) A parent or caregiver bringing a minor child or an individual
22
with a disability that is of the opposite sex of such parent or caregiver
23
into a restroom designated for such parent's or caregiver's sex.
24
(4) The governing body of a public postsecondary educational
25
institution shall designate each locker room within each school building
26
as one of the following: For use by females, for use by males, or single
27
occupancy.
28
(5)(a) Except as provided in subdivision (5)(b) of this section, the
29
governing body of a public postsecondary educational institution shall
30
not:
31
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(i) Allow a male to enter or use a locker room designated for and
1
being used at such time by one or more females; or
2
(ii) Allow a female to enter or use a locker room designated for and
3
being used at such time by one or more males.
4
(b) This subsection shall not apply to an individual entering a
5
locker room under the following circumstances:
6
(i) Entrance for custodial, maintenance, or inspection purposes so
7
long as such individual takes reasonable steps to ensure that no
8
individual of the opposite sex is in a state of undress prior to entering
9
the locker room;
10
(ii) Entrance to render emergency assistance; or
11
(iii) Entrance by a coach, athletic trainer, or other authorized
12
official or school employee so long as such individual takes reasonable
13
steps to ensure that no individual of the opposite sex is in a state of
14
undress prior to entering the locker room.
15
(6) An individual born with a diagnosis of a disorder or difference
16
in sex development shall have the relevant legal protections and
17
accommodations afforded under the federal Americans with Disabilities Act
18
of 1990, as amended.
19
(7)(a) The governing body of each public postsecondary educational
20
institution shall adopt a policy implementing this section. Such policy
21
shall include provisions regarding the conduct of visitors and the
22
public.
23
(b) The governing body of a public postsecondary educational
24
institution or any official or employee of a public postsecondary
25
educational institution shall not retaliate against any individual for
26
reporting in good faith a violation of this section or related rules,
27
regulations, or policies.
28
Sec. 3. (1) For purposes of this section:
29
(a) Boy means an adolescent human male;
30
(b) Designate means to post signage or otherwise provide indication
31
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at or near the entrance to the restroom or locker room that is readily
1
visible and states that the restroom or locker room is designated as one
2
of the following: For use by females, for use by males, single occupancy,
3
or for use by families;
4
(c) Female means an individual who naturally has, had, will have, or
5
would have, but for a congenital anomaly or intentional or unintentional
6
disruption, the reproductive system that at some point produces,
7
transports, and utilizes eggs for fertilization. Female includes a woman
8
and a girl;
9
(d) Girl means an adolescent human female;
10
(e) Male means an individual who naturally has, had, will have, or
11
would have, but for a congenital anomaly or intentional or unintentional
12
disruption, the reproductive system that at some point produces,
13
transports, and utilizes sperm for fertilization. Male includes a man and
14
a boy;
15
(f) Man means an adult human male;
16
(g) Sex means an individual's sex, either male or female;
17
(h) State agency means any department, agency, board, bureau, or
18
commission of the state or any other entity whose primary function is to
19
act as an instrumentality or agency of the state; and
20
(i) Woman means an adult human female.
21
(2) A state agency shall designate each group restroom within any
22
facility owned by the state as one of the following: For use by females,
23
for use by males, single occupancy, or for use by families.
24
(3)(a) Except as provided in subdivision (3)(b) of this section, a
25
state agency shall not:
26
(i) Allow a male to use a restroom designated for use by females; or
27
(ii) Allow a female to use a restroom designated for use by males.
28
(b) This subsection shall not apply to:
29
(i)
An
individual
entering
a
restroom
under
the
following
30
circumstances:
31
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(A) Entrance for custodial, maintenance, or inspection purposes so
1
long as such individual takes reasonable steps to ensure that no
2
individual of the opposite sex is in a state of undress prior to entering
3
the restroom; or
4
(B) Entrance to render emergency assistance; or
5
(ii) A parent or caregiver bringing a minor child or an individual
6
with a disability that is of the opposite sex of such parent or caregiver
7
into a restroom designated for such parent's or caregiver's sex.
8
(4) A state agency shall designate each locker room within each
9
facility owned by the state as one of the following: For use by females,
10
for use by males, or single occupancy.
11
(5)(a) Except as provided in subdivision (5)(b) of this section, a
12
state agency shall not:
13
(i) Allow a male to enter or use a locker room designated for and
14
being used at such time by one or more females; or
15
(ii) Allow a female to enter or use a locker room designated for and
16
being used at such time by one or more males.
17
(b) This subsection shall not apply to an individual entering a
18
locker room under the following circumstances:
19
(i) Entrance for custodial, maintenance, or inspection purposes so
20
long as such individual takes reasonable steps to ensure that no
21
individual of the opposite sex is in a state of undress prior to entering
22
the locker room;
23
(ii) Entrance to render emergency assistance; or
24
(iii) Entrance by an authorized individual so long as such
25
individual takes reasonable steps to ensure that no individual of the
26
opposite sex is in a state of undress prior to entering the locker room.
27
(6) An individual born with a diagnosis of a disorder or difference
28
in sex development shall have the relevant legal protections and
29
accommodations afforded under the federal Americans with Disabilities Act
30
of 1990, as amended.
31
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Sec. 4. Each state agency in the adoption and promulgation of
1
administrative rules and regulations, the enforcement of administrative
2
decisions, and the adjudication of disputes by administrative agencies
3
shall define an individual's sex as either a male or female.
4
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