Text of OK HB 3049 (2016)

Schools; requiring school districts to adopt a student physical privacy policy; effective date; emergency.

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As introduced

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Req. No. 7679 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 55th Legislature (2016) HOUSE BILL 3049 By: Kern AS INTRODUCED An Act relating to schools; requiring school districts to adopt a student physical privacy policy; providing definition; specifying content of policy regarding student use of restrooms, locker rooms, showers and other school facilities; providing for codification; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 24-157 of Title 70, unless there is created a duplication in numbering, reads as follows: A. In recognition of student physical privacy rights and the need to ensure student safety and maintain school discipline, each school district board of education shall adopt a policy to advise school site staff and administration regarding their duties in relation to student use of restrooms, locker rooms, showers and other school facilities where students may be in a state of undress in the presence of other students. Req. No. 7679 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. As used in this section the term "biological sex" means the biological condition of being male or female as determined at birth based on physical differences or, when necessary, at the chromosomal level. C. Each school district policy shall: 1. Require that student restrooms, locker rooms and showers which are designated for one biological sex shall only be used by members of that biological sex; 2. Contain a requirement that in any school facilities or settings where a student may be in a state of undress in the presence of other students, including but not limited to changing costumes during school theatrical productions, school personnel shall provide separate, private areas designated for use by students based on their biological sex; and 3. Require that students that exclusively and consistently assert at school that their gender is different from their biological sex be provided with an available accommodation that meets their need. The accommodation shall not include access to the school restroom, locker room or shower of the opposite biological sex. The accommodations may include, but are not limited to, access to a unisex restroom or controlled use of an employee restroom, locker room or shower. SECTION 2. This act shall become effective July 1, 2016. Req. No. 7679 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 55-2-7679 KB 12/07/15