Bill Summary – FastDemocracy

Senate File 482 - Enrolled
                                                       Senate File 482
                                  AN ACT
     PROHIBITING PERSONS FROM ENTERING SINGLE AND MULTIPLE OCCUPANCY
        RESTROOMS OR CHANGING AREAS AND OTHER FACILITIES IN
        ELEMENTARY AND SECONDARY SCHOOLS THAT DO NOT CORRESPOND WITH
        THE PERSON’S BIOLOGICAL SEX AND INCLUDING EFFECTIVE DATE
        PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1. NEW SECTION. 216.9A Single and multiple
 occupancy restrooms or changing areas in schools —— use by
 persons of same biological sex.
    It shall not be an unfair or discriminatory practice for a
 school to require a single or multiple occupancy restroom or
 changing area to be designated only for and used by persons
 of the same biological sex as provided in section 280.33. It
 shall not be an unfair or discriminatory practice to prohibit
 a person from using a single or multiple occupancy restroom
 or changing area that does not correspond with the person’s
 biological sex as provided in section 280.33.
    Sec. 2. NEW SECTION. 280.33 Single and multiple occupancy
 restrooms or changing areas —— use by persons of same biological
 sex.
    1. As used in this section:
    a. “Multiple occupancy restroom or changing area” means an
 area in a school building designed or designated to be used by
 more than one person at a time, in which students may be in
 various stages of undress in the presence of other students or
                                                Senate File 482, p. 2
 persons. “Multiple occupancy restroom or changing area” includes
 but is not limited to a restroom, locker room, changing room,
 or shower room.
    b. “School” means a public school or nonpublic school.
    c. “Sex” means a person’s biological sex as female or male,
 as listed on a person’s official birth certificate issued at or
 near the time of the person’s birth.
    d. “Single occupancy restroom or changing area” means an
 area in a school building designed or designated to be used by
 one person at a time, in which the person may be in various
 stages of undress. “Single occupancy restroom or changing area”
 includes a restroom, locker room, changing room, or shower
 room.
    2. A school shall require a multiple occupancy restroom or
 changing area to be designated only for and used by persons of
 the same sex. A person shall not enter a multiple occupancy
 restroom or changing area, or a single occupancy restroom or
 changing area designated only for persons of the same sex, that
 does not correspond with the person’s sex.
    3. In any other school facility, a facility used for
 extracurricular activity, overnight accommodations, or any
 other setting where a student may be in various stages of
 undress in the presence of other students or persons, school
 personnel shall provide separate, private areas designated for
 use by students based on the students’ sex.
    4. A student who, for any reason, desires greater privacy
 when using a single or multiple occupancy restroom or changing
 area, or other facility described in subsection 3, and whose
 parent or legal guardian provides written consent to school
 officials, may submit a request to such officials for access to
 alternative facilities. The school official to whom a request
 is submitted shall evaluate such request and shall, to the
 extent reasonable, offer options for alternative facilities.
 In no event shall any accommodation be made that includes
 access to a student multiple occupancy restroom or changing
 area or a single occupancy restroom or changing area designated
 for use by students of the opposite sex while students of the
 opposite sex are present or could be present. Reasonable
 accommodations may include any of the following:
                                              Senate File 482, p. 3
    a. Access to a single occupancy restroom or changing area.
    b. Access to a unisex single occupancy restroom or changing
 area by only one student at a time.
    c. Controlled use of faculty multiple occupancy restroom or
 changing area or a single occupancy restroom or changing area.
    5. This section shall not be construed to prohibit a school
 from doing any of the following:
    a. Adopting policies necessary to accommodate disabled
 persons or young children in need of physical assistance when
 using a multiple occupancy restroom or changing area, a single
 occupancy restroom or changing area, or other facility or
 setting described in subsection 3.
    b. Permitting access to a multiple occupancy restroom or
 changing area, a single occupancy restroom or changing area,
 or other facility described in subsection 3 for custodial or
 maintenance purposes when such facility is not occupied by a
 member of the opposite sex.
    c. Rendering medical assistance.
    d. Permitting access to a multiple occupancy restroom or
 changing area, a single occupancy restroom or changing area,
 or other facility or setting described in subsection 3 during
 a natural disaster, emergency, or when necessary to prevent a
 serious threat to student safety.
    6. a. A citizen of this state may file a complaint with the
 office of the attorney general that a school is in violation
 of the provisions of this section if all of the following are
 true:
    (1) The citizen provides written notice to the school
 describing the violation.
    (2) The school does not cure the violation within three
 business days after receiving written notice of the violation.
    b. A complaint filed pursuant to this section shall include
 all of the following:
    (1) A copy of the written notice delivered to the school.
    (2) A signed statement by the citizen describing the
 violation and stating that notice was provided.
    c. Upon receipt of a complaint, the attorney general shall
 investigate the violation described in the complaint. If the
 attorney general determines that no violation occurred or that
                                                Senate File 482, p. 4
 no further legal action is warranted, then the attorney general
 shall send written notice of such determination to the citizen
 who filed the complaint and to the school. If the attorney
 general determines that legal action is warranted to cure the
 violation, then the attorney general may file an action in a
 court of competent jurisdiction seeking such equitable relief
 as the attorney general deems appropriate.
    d. This subsection shall not limit other remedies at law or
 equity available to the aggrieved person against the school.
    Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
 importance, takes effect upon enactment.
     ______________________________     ______________________________
     AMY SINCLAIR                       PAT GRASSLEY
     President of the Senate            Speaker of the House
        I hereby certify that this bill originated in the Senate and
     is known as Senate File 482, Ninetieth General Assembly.
                                        ______________________________
                                        W. CHARLES SMITHSON
                                        Secretary of the Senate
     Approved _______________, 2023     ______________________________
                                        KIM REYNOLDS
                                        Governor