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
3,226 characters
Req. No. 7679
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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
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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
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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