OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 183 Bill Analysis
135th General Assembly
Click here for H.B. 183’s Fiscal Note
Version: As Reported by House Higher Education
Primary Sponsors: Reps. Lear and Bird
Effective date:
Mariah Maldovan, Attorney
SUMMARY
Requires public and chartered nonpublic schools, educational service centers (ESCs), and
institutions of higher education to designate specified facilities for the exclusive use of
students of either the male biological sex or the female biological sex.
Prohibits public and chartered nonpublic schools and ESCs from permitting members of
the female biological sex to share overnight accommodations with members of the male
biological sex.
Entitles the bill the “Protect All Students Act.”
DETAILED ANALYSIS
Single-sex facilities and accommodations
The bill requires school districts, community schools, STEM schools, chartered nonpublic
schools, educational service centers (ESCs) and institutions of higher education to designate
certain facilities for single-sex use.1
Specifically, each student restroom, locker room, changing room, or shower room that is
accessible by multiple students at the same time must be designated for the exclusive use of
students of either the male biological sex or the female biological sex. For a district, school, or
ESC, that provision applies to such rooms whether they are located in a school building or a
facility for a school-sponsored activity.
1 R.C. 3319.90 and 3345.90; conforming in R.C. 3314.03 and 3326.11.
April 16, 2024
Office of Research and Drafting LSC Legislative Budget Office
Institutions of higher education are specifically required to use clear signage to make
such designations.2
The bill prohibits districts, schools, and ESCs from permitting members of the female
biological sex to use a student restroom, locker room, changing room, or shower room that is
designated for the male biological sex and vice versa. Institutions of higher education are
prohibited from doing so knowingly.3 Additionally, districts, schools, and ESCs are prohibited
from permitting members of the female biological sex to share overnight accommodations with
members of the male biological sex and vice versa.4
Under the bill, “biological sex” is “the biological indication of male and female, including
sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and
external genitalia present at birth, without regard to an individual’s psychological, chosen, or
subjective experience of gender.” The bill permits a person to use the sex listed on the person’s
official birth record to prove biological sex if the record was issued at or near the time of the
person’s birth.5
The bill also prohibits districts, schools, ESCs, and institutions of higher education from
constructing, establishing, or maintaining a multi-occupancy facility that is designated as
nongendered, multigendered, or open to all genders. Family facilities are exempt from this
prohibition.6 Under the bill, a “multi-occupancy facility” is a restroom, locker room, changing
room, or shower room that is accessible to multiple individuals at the same time, but does not
include a family facility. A “family facility” under the bill is a family restroom or shower room
that does not have more than one toilet or shower.7
The bill’s prohibitions do not prevent a district, school, or ESC from establishing policies
to provide accommodations upon student request due to special circumstances.
Accommodations may include permitting students to use single-occupancy facilities or
controlled use of faculty facilities. The bill’s prohibitions also do not prohibit an institution of
higher education from establishing and enforcing a policy on the use of a multi-occupancy
facility. The bill requires any policy adopted by an institution in accordance with the bill to
provide an option for alternative accommodations, including the use of single-occupancy
facilities or faculty facilities.8
2 R.C. 3319.90(B)(1) and 3345.90(B)(1).
3 R.C. 3319.90(B)(2) and 3345.90(B)(2).
4 R.C. 3319.90(C).
5 R.C. 3319.90(A)(1) and 3345.90(A)(1).
6 R.C. 3319.90(B)(3) and 3345.90(B)(3).
7 R.C. 3319.90(A)(2) and (3) and 3345.90(A)(1).
8 R.C. 3319.90(D) and 3345.90(C).
P a g e |2 H.B. 183
As Reported by House Higher Education
Office of Research and Drafting LSC Legislative Budget Office
Finally, the bill states that its prohibitions do not apply to:9
A child under the age of ten who is being assisted by a parent, guardian, or family
member and the parent, guardian, or family member who is assisting the child;
A person with a disability who is being assisted by another person and the person who is
providing assistance;
A school or institution employee whose job duties require the employee to enter a
restroom, locker room, changing room, or shower room designated for a biological sex
that is different from the employee’s biological sex; or
A person who enters a restroom, locker room, changing room, or shower room
reasonably believing that the person is responding to a legitimate emergency.
HISTORY
Action Date
Introduced 05-23-23
Reported, H. Higher Education 04-10-24
ANHB0183RH-135/sb
9 R.C. 3319.90(E) and 3345.90(D).
P a g e |3 H.B. 183
As Reported by House Higher Education
Statutes affected: As Introduced: 3314.03, 3326.11
As Reported By House Committee: 3314.03, 3326.11