Text of WY SF 62 (2025)

2025 STATE OF WYOMING 25LSO-0302 1 SF0062 SENATE FILE NO. SF0062 Restrooms in publicly funded schools-2. Sponsored by: Senator(s) Laursen, D, Brennan, French, Ide, Olsen, Salazar and Smith, D and Representative(s) Banks, Bear, Heiner, Ottman, Pendergraft, Rodriguez-Williams, Webber and Winter A BILL for 1 AN ACT relating to school districts; requiring public 2 school children to use restrooms that align with their sex 3 at birth; requiring reasonable accommodations; providing 4 exceptions; providing penalties; providing definitions; and 5 providing for an effective date. 6 7 Be It Enacted by the Legislature of the State of Wyoming: 8 9 Section 1. W.S. 21-3-137 is created to read: 10 11 21-3-137. Restrooms in public schools; requirements; 12 definitions; penalties; rulemaking. 13 14 (a) As used in this section: 2025 STATE OF WYOMING 25LSO-0302 2 SF0062 1 2 (i) "Coach" means a person, including but not 3 limited to coaches, assistant coaches or athletic trainers, 4 employed by or contracted with a public school who is 5 involved in the teaching, coaching or training of students 6 participating in a school-sponsored athletic activity; 7 8 (ii) "Multiple occupancy restroom or changing 9 room" means a room in a public school building designed or 10 designated to be used by more than one (1) person at the 11 same time, where persons may be in various stages of 12 undress in the presence of other persons. The term includes 13 but is not limited to a school restroom, locker room, 14 changing room or shower room; 15 16 (iii) "School-sponsored athletic activity" means 17 a sporting event that is supported and affiliated with the 18 school; 19 20 (iv) "Sex" means as defined by W.S. 21 21-25-101(a)(iv). 22 2025 STATE OF WYOMING 25LSO-0302 3 SF0062 1 (b) To ensure privacy and safety, each public school 2 district that serves students in pre-kindergarten through 3 twelfth grade in this state shall require every multiple 4 occupancy restroom or changing room to be designated as 5 follows: 6 7 (i) For the exclusive use of the male sex; or 8 9 (ii) For the exclusive use of the female sex. 10 11 (c) Each public school district shall provide a 12 reasonable accommodation to any person who does not wish to 13 use a multiple occupancy restroom or changing room in 14 accordance with the designation required under subsection 15 (b) of this section. For purposes of this subsection, a 16 reasonable accommodation shall include a single-occupancy 17 restroom or changing room. 18 19 (d) This section shall not apply to persons entering 20 a multiple occupancy restroom or changing room designated 21 for use by the opposite sex when entering in any of the 22 following circumstances: 23 2025 STATE OF WYOMING 25LSO-0302 4 SF0062 1 (i) For custodial, maintenance, repair or 2 inspection purposes; 3 4 (ii) To render emergency medical assistance; or 5 6 (iii) If a suitable meeting room or area is not 7 available, a coach may enter a locker room before, during 8 or after a school-sponsored athletic activity, provided: 9 10 (A) All students present are fully clothed; 11 12 (B) The coach shall be accompanied by not 13 less than one (1) additional adult at all times; 14 15 (C) If the coach is the opposite sex of the 16 students present, the coach shall be accompanied by at 17 least one (1) adult employed by the school district and of 18 the same sex as the students present; and 19 20 (D) The adults present shall not be current 21 high school students. 22 2025 STATE OF WYOMING 25LSO-0302 5 SF0062 1 (e) Each school district board of trustees shall 2 adopt policies to provide for disciplinary action for 3 persons who refuse to comply with this section. 4 5 (f) No school district board of trustees shall adopt 6 a policy contrary to the provisions of this section. 7 8 (g) Upon the department of education's finding of 9 noncompliance with the provisions of subsection (b), (c) or 10 (d) of this section, the noncomplying school district shall 11 lose its accreditation under W.S. 21-2-304(a)(ii) and 12 21-2-304(b)(ii). 13 14 (h) A parent or legal guardian of a student enrolled 15 in and physically attending a public school district shall 16 have a cause of action against the public school for 17 noncompliance with the provisions of subsection (b), (c) or 18 (d) of this section. 19 20 Section 2. W.S. 21-2-304(b)(ii) and 21-3-110(a) by 21 creating a new paragraph (xliv) are amended to read: 22 23 21-2-304. Duties of the state board of education. 2025 STATE OF WYOMING 25LSO-0302 6 SF0062 1 2 (b) In addition to subsection (a) of this section and 3 any other duties assigned to it by law, the state board 4 shall: 5 6 (ii) Enforce the uniform state educational 7 program standards imposed by W.S. 21-9-101 and 21-9-102, 8 and the uniform student content and performance standards 9 established by rules and regulations adopted under 10 subsection (a) of this section and the requirements of W.S. 11 21-3-137, together with student performance indicators 12 established and measured pursuant to W.S. 21-2-204, by 13 taking appropriate administrative action with the state 14 superintendent, including but not limited to the changing 15 of accreditation status and a loss of accreditation status 16 if a school district is found to be in noncompliance with 17 the requirements of W.S. 21-3-137; 18 19 21-3-110. Duties of boards of trustees. 20 21 (a) The board of trustees in each school district 22 shall: 23 2025 STATE OF WYOMING 25LSO-0302 7 SF0062 1 (xliv) Ensure that each school district in the 2 state requires every multiple occupancy restroom or 3 changing room be designated for the exclusive use of the 4 male sex or the exclusive use of the female sex. School 5 districts that are found to be in noncompliance with this 6 requirement shall lose their accreditation under W.S. 7 21-2-304(a)(ii) and 21-2-304(b)(ii). 8 9 Section 3. This act is effective immediately upon 10 completion of all acts necessary for a bill to become law 11 as provided by Article 4, Section 8 of the Wyoming 12 Constitution. 13 14 (END)

ORIGINAL SENATE ENGROSSED FILE NO. SF0062 ENROLLED ACT NO. 53, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 1 AN ACT relating to school districts; requiring public school children to use restrooms, sex‑designated changing facilities and sleeping quarters that align with their sex at birth; requiring reasonable accommodations; providing exceptions; providing penalties; providing definitions; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 21-3-137 is created to read: 21-3-137. Restrooms and changing rooms in public schools; designated sleeping quarters for school‑sponsored activities; requirements; definitions; penalties; rulemaking. (a) As used in this section: (i) "Coach" means a person, including but not limited to coaches, assistant coaches or athletic trainers, employed by or contracted with a public school who is involved in the teaching, coaching or training of students participating in a school-sponsored activity; (ii) "Female" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes eggs for fertilization; (iii) "Male" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm for fertilization; ORIGINAL SENATE ENGROSSED FILE NO. SF0062 ENROLLED ACT NO. 53, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 2 (iv) "Restroom" or "changing room" means a room in a public school building designed or designated to be used by one (1) or more persons, where persons may be in various stages of undress in the presence of other persons. The term includes but is not limited to a school restroom, locker room, changing room or shower room; (v) "School-sponsored activity" means an event that is supported and affiliated with the school; (vi) "Sex" means a person's biological sex, either male or female; (vii) "Sleeping quarters" means an area with at least one (1) bed or cot in which at least one (1) person is housed overnight on or off public school property when attending a school-sponsored activity. (b) To ensure privacy and safety, each public school district that serves students in pre-kindergarten through twelfth grade in this state shall require every multiple occupancy restroom, changing room or sleeping quarters to be designated as follows: (i) For the exclusive use of the male sex; or (ii) For the exclusive use of the female sex. (c) Each public school district shall provide a reasonable accommodation to any person who does not wish to use a multiple occupancy restroom, changing room or sleeping quarters in accordance with the designation required under subsection (b) of this section. For purposes of this subsection, a reasonable accommodation shall ORIGINAL SENATE ENGROSSED FILE NO. SF0062 ENROLLED ACT NO. 53, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 3 include a single-occupancy restroom, changing room or sleeping quarters. A reasonable accommodation granted under this subsection shall not include access to a restroom, changing area or sleeping quarters that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present. (d) This section shall not apply to persons entering a multiple occupancy restroom, changing room or sleeping quarters designated for use by the opposite sex when entering for at least one (1) of the following reasons: (i) For custodial, maintenance, repair or inspection purposes; (ii) To render emergency medical assistance; (iii) If a suitable meeting room or area is not available, a coach may enter a locker room before, during or after a school-sponsored activity, provided: (A) All students present are fully clothed; (B) The coach shall be accompanied by not less than one (1) additional adult at all times; (C) If the coach is the opposite sex of the students present, the coach shall be accompanied by at least one (1) adult of the same sex as the students present; and (D) The adults present shall not be current high school students. ORIGINAL SENATE ENGROSSED FILE NO. SF0062 ENROLLED ACT NO. 53, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 4 (iv) For an adult to render assistance to any student or person requiring assistance because of disability or age; (v) If a suitable meeting room or area is not available and the coach is the coach of a school-sponsored activity with members of both the male and female sexes on the team or in the activity, the coach may enter a locker room before, during or after the school-sponsored activity if all students are fully clothed. The coach shall be accompanied by not less than one (1) additional adult at all times but an additional adult shall not be required if members of the activity of both sexes are present in the locker room. The adults present shall not be current high school students; (vi) To render caregiving assistance; (vii) To receive assistance if the person is accompanied by a family member, legal guardian or the person's designee who is a member of the designated sex for the single-sex restroom, changing area or sleeping quarters; (viii) When necessary to prevent a serious threat to public health or student safety during an ongoing natural disaster or emergency; (ix) When a school official or employee enters a restroom, changing area or sleeping quarters while in the performance of the official's or employee's official duties and who takes reasonable steps to ensure that no person in the room is in a state of undress; ORIGINAL SENATE ENGROSSED FILE NO. SF0062 ENROLLED ACT NO. 53, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 5 (x) When a restroom, changing area or sleeping quarters has been temporarily designated for use by the opposite sex. (e) Each school district board of trustees shall adopt policies to provide for disciplinary action for persons who refuse to comply with this section. (f) No school district board of trustees shall adopt a policy contrary to the provisions of this section. (g) A parent or legal guardian of a student enrolled in and physically attending a public school district shall have a cause of action, including for declaratory and injunctive relief, against the public school for noncompliance with the provisions of subsection (b), (c) or (d) of this section. Section 2. W.S. 21-3-110(a) by creating a new paragraph (xliv) is amended to read: 21-3-110. Duties of boards of trustees. (a) The board of trustees in each school district shall: (xliv) Ensure that each school district in the state requires every multiple occupancy restroom, changing room or sleeping quarters be designated for the exclusive use of the male sex or the exclusive use of the female sex. ORIGINAL SENATE ENGROSSED FILE NO. SF0062 ENROLLED ACT NO. 53, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 6 Section 3. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. (END) Speaker of the House President of the Senate Governor TIME APPROVED: _________ DATE APPROVED: _________ I hereby certify that this act originated in the Senate. Chief Clerk