The proposed bill, SB1040, mandates that public schools provide reasonable accommodations for individuals who are unwilling or unable to use multi-occupancy restrooms or changing facilities designated for their sex. This includes access to single-occupancy restrooms or employee facilities upon written request. The bill also establishes a private cause of action for individuals who encounter someone of the opposite sex in designated facilities or are required to share sleeping quarters with them, unless they are family members.

Key changes from current law include the explicit definition of "reasonable accommodation," the specification that accommodations do not include access to facilities designated for the opposite sex when such individuals are present, and the definition of "sex" based on immutable biological characteristics at birth. The bill also outlines legal remedies for individuals who are denied accommodations, including the ability to recover damages and attorney fees, and specifies that claims must be filed in superior court within two years of the alleged violation.

Statutes affected:
Introduced Version: 15-120.04
Senate Engrossed Version: 15-120.04