Text of OK SB 1223 (2018)

Req. No. 2051 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 56th Legislature (2018) SENATE BILL 1223 By: Brecheen AS INTRODUCED An Act relating to schools; creating the Oklahoma Privacy Accommodation Act; providing definitions; requiring public school districts to provide reasonable accommodations to certain students; providing certain construction; requiring certain facilities and sleeping quarters to be designated in certain manner; creating a private right of action for certain violations; authorizing the Attorney General to represent certain persons under certain circumstances; requiring certain notice; providing for certain claims to be brought in certain court; providing time limit for bringing certain actions; allowing recovery of certain monetary damages; providing for recovery of attorney fees and costs; providing certain construction; 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 1-125 of Title 70, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the "Oklahoma Privacy Accommodation Act". Req. No. 2051 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 SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-126 of Title 70, unless there is created a duplication in numbering, reads as follows: As used in this act: 1. "Changing facility" means a facility in which a person may be in a state of undress in the presence of others, including a locker room, changing room or shower room; 2. "Restroom" means a facility that includes one or more toilets or urinals; 3. "Sex" means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth. Evidence of a person's biological sex includes but is not limited to any government-issued identification document that accurately reflects a person's sex listed on the person's original birth certificate; 4. "Distinctly private facilities" means restrooms, shower rooms, bath houses and similar facilities which are, in their nature, distinctly private, including overnight accommodations; and 5. "Undue hardship" means construction of new facilities, significant modifications of current facilities or any expenditure other than de minimis or incidental costs. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-127 of Title 70, unless there is created a duplication in numbering, reads as follows: Req. No. 2051 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 A. Public school districts shall provide a reasonable accommodation to any student who: 1. For any reason is unwilling or unable to use a multi- occupancy restroom or changing facility designated for the student's sex and located within a public school building or multi-occupancy quarters while attending a public school-sponsored activity; and 2. Submits a request for a reasonable accommodation to the public school district. B. Reasonable accommodations may include but are not limited to access to a single-occupancy restroom or changing facility or use of a school employee restroom or changing facility. A reasonable accommodation shall not include access to a restroom or changing facility that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present. C. Nothing in this section shall be construed to prohibit public school district boards of education from adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act or young children in need of physical assistance when using restrooms or changing facilities located in public schools. D. Distinctly private facilities within a public school building and multi-occupancy sleeping quarters used by students while participating in school-sponsored activities shall be clearly designated by sex and used only by persons of the designated sex. Req. No. 2051 Page 4 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 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-128 of Title 70, unless there is created a duplication in numbering, reads as follows: A. Any student whose written request for a reasonable accommodation is denied by the public school district shall have a private right of action against the public school district unless the public school district can demonstrate that the accommodation would cause an undue hardship. B. Any student who: 1. Encounters a member of the opposite sex in a multi-occupancy restroom or changing facility designated for the person's sex and located in a public school building; or 2. Is required by the public school district to share sleeping quarters with a member of the opposite sex, unless such persons are members of the same family has a private right of action against the public school district if the public school district gave the member of the opposite sex permission to use the restroom, changing facility or sleeping quarters. C. The Attorney General of the State of Oklahoma is hereby authorized to intervene in any legal proceeding to enforce the provisions of this act and shall represent any school district or employee named as a defendant therein. Any school district or employee named as a defendant in any proceeding to enforce the Req. No. 2051 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provisions of this act shall within five (5) days of receiving service of summons notify the Attorney General of the State of Oklahoma of the pendency of the action. D. Any claims arising pursuant to this section shall be brought in the state or federal trial court in whose jurisdiction either the person or the public school district resides at the time of filing. E. All civil actions brought pursuant to this section shall be initiated within two (2) years after the violation occurred. F. Persons aggrieved under this section who prevail in court may recover monetary damages for all psychological, emotional and physical harm suffered. G. Persons who prevail on a claim brought pursuant to this section shall be entitled to recover reasonable attorney fees and costs. H. Nothing in this section shall limit other remedies by law or equity available to the aggrieved person against the public school district. SECTION 5. This act shall become effective July 1, 2018. SECTION 6. It being immediately necessary for the preservation of the public peace, health or 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. 56-2-2051 EB 1/18/2018 10:07:08 AM