1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 26 By: Pemberton
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5 AS INTRODUCED
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6 An Act relating to schools; amending Section 1,
6 Chapter 323, O.S.L. 2022 (70 O.S. Supp. 2022, Section
7 1-125), which relates to restroom or changing area
7 use; providing certain exception; providing an
8 effective date; and declaring an emergency.
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10 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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11 SECTION 1. AMENDATORY Section 1, Chapter 323, O.S.L.
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12 2022 (70 O.S. Supp. 2022, Section 1-125), is amended to read as
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13 follows:
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14 Section 1-125. A. As used in this section:
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15 1. “Sex” means the physical condition of being male or female
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16 based on genetics and physiology, as identified on the individual’s
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17 original birth certificate; and
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18 2. “Multiple occupancy restroom or changing area” means an area
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19 in a public school or public charter school building designed or
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20 designated to be used by more than one individual at a time, where
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21 individuals may be in various stages of undress in the presence of
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22 other individuals. The term may include but is not limited to a
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23 school restroom, locker room, changing room, or shower room.
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 1 B. To ensure privacy and safety, each public school and public
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2 charter school that serves students in prekindergarten through
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3 twelfth grades in this state shall require every multiple occupancy
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4 restroom or changing area designated as follows:
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5 1. For the exclusive use of the male sex; or
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6 2. For the exclusive use of the female sex.
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7 C. Each public school or public charter school in this state
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8 shall provide a reasonable accommodation to any individual who does
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9 not wish to comply with the provisions of subsection B of this
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10 section. A reasonable accommodation shall be access to a single-
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11 occupancy restroom or changing room.
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12 D. The provisions of this section shall not apply to
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13 individuals entering a multiple occupancy restroom or changing area
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14 designated for use by the opposite sex when entering in any of the
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15 following circumstance circumstances:
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16 1. For custodial, maintenance, or inspection purposes; or
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17 2. To render emergency medical assistance; or
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18 3. When a coach enters a locker room before, during, or after
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19 an athletic activity and all students present are fully clothed.
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20 E. 1. Each school district board of education and public
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21 charter school governing board shall adopt a policy to provide
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22 disciplinary action for individuals who refuse to comply with the
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23 provisions of this section.
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 1 2. No school district board of education or charter school
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2 governing board shall adopt a policy contrary to the provisions of
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3 this section.
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4 F. Upon a finding of noncompliance with the provisions of
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5 subsections B and C of this section by the State Board of Education,
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6 the noncompliant school district or public charter school shall
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7 receive a five percent (5%) decrease in state funding for the school
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8 district or public charter school for the fiscal year following the
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9 year of noncompliance.
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10 G. A parent or legal guardian of a student enrolled in and
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11 physically attending a public school district or public charter
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12 school shall have a cause of action against the public school
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13 district or public charter school for noncompliance with the
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14 provisions of subsections B and C of this section.
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15 H. The State Board of Education shall promulgate rules to
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16 implement the provisions of this section.
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17 SECTION 2. This act shall become effective July 1, 2023.
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18 SECTION 3. It being immediately necessary for the preservation
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19 of the public peace, health, or safety, an emergency is hereby
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20 declared to exist, by reason whereof this act shall take effect and
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21 be in full force from and after its passage and approval.
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23 59-1-745 EB 12/13/2022 9:52:51 AM
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