Permitting public schools to designate and allow the use of restrooms and changing facilities only by persons of the same biological sex, and providing a private cause of action

This bill permits public schools to designate and allow the use of restrooms and changing facilities only by persons of the same sex. The bill defines changing facility, public school, sex, and restroom. Sex means a person’s biological sex as either female or male. The sex listed on a student’s official birth certificate or certificate issued upon adoption may be relied upon if the certificate was issued at or near the time of the student’s birth. Changing facility means a facility, including but not limited to a locker room, changing room, or shower room, designed or designated to be used by more than one person at a time where a person may be in varying stages of undress in the presence of other persons. The bill provides that accommodations may be made due to special circumstances at a person’s request. Accommodations include allowing a person to use a single-occupancy restroom or changing facility. An accommodation shall not include allowing a person to use a multiple-occupancy restroom or changing facility that does not correspond with the person’s sex. The bill states that the policies that result from the bill do not constitute unfair or discriminatory practices in violation of the Iowa civil rights Act, Code chapter 216. The bill provides that a person may enter a bathroom or changing facility inconsistent with the person’s biological sex under any of the following circumstances: for custodial or maintenance purposes; to render medical assistance; in a public school, to accompany a young child needing assistance; or if necessary during a natural disaster. The bill provides for private cause of action if a public school violates new Code chapter 280B. Any person has private cause of action if the school denies the person an accommodation without proving undue hardship. The bill also allows any person a private cause of action if the person encounters a member of the opposite sex in a restroom or changing facility designated for the person’s sex or is required by the public school to share sleeping quarters with a member of the opposite sex who is not a member of the person’s family and the school gave permission to the member of the opposite sex to use the restroom or changing facility. The bill establishes jurisdiction and that a claim shall be brought within two years of the violation. A person is able to recover monetary damages for the harm suffered and any other remedies available by law or equity available to the person against the school.