Senate Amendment 48
H 5100 - Session 125 (2023-2024)
Budget
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S E N A T E A M E N D M E N T

   AMENDMENT NO. _____

MOFFITT/CHANDLER

CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT April 23, 2024

Clerk of the Senate

   ADOPTION NO. _____

BILL NO: H.5100  (Reference is to Printer's Date 04/23/24-H.)

04572000

 Senator CLIMER proposes the following amendment (5100R020.KMM.WC.DOCX):

 Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 309, after line 31, by adding an appropriately numbered new proviso to read:

/ 1.___ (SDE: Student Physical Privacy) (A) For the purposes of this provision:

  (1) "Changing Facility" means a facility in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room.

  (2) "Restroom" means a facility that includes one or more toilets or urinals.

  (3) "Sex" means a person's biological sex, either male or female, as objectively determined by anatomy and genetics existing at the time of birth. Evidence of a person's biological sex includes, but is not limited to, any government-issued identification document that accurately reflects a person's sex as listed on the person's original birth certificate issued at or near the time of birth.

  (4) "Sleeping Quarters" means a room with a bed in which more than one individual is housed overnight.

 (B) A school district supported in part by funds appropriated by this act, shall not permit any public school within the district to use any funds to maintain or operate any restroom or changing facility on its premises that is not in compliance with this provision or facilitate any public-school authorized activity or event involving overnight lodging that is not in compliance with this provision. A school district that violates any portion of this provision shall be penalized twenty-five percent of the funds appropriated by this act that are used to support the school district's operations.

 (C)(1) Multi-occupancy public school restrooms and changing facilities shall be designated for use only by members of one sex. Any public school restrooms and changing facilities that are designated for one sex shall be used only by members of that sex; no person shall enter a restroom or changing facility that is designated for one sex unless he or she is a member of that sex; and the public school with authority over that building shall take reasonable steps to ensure that all restrooms and changing facilities provide its users with privacy from members of the opposite sex. The provisions in this item do not apply (a) to custodial or maintenance work when the restroom or changing facility is not being used or otherwise occupied by a member of the opposite sex, (b) to a person or people rendering medical assistance, and (c) during a natural disaster, emergency, or when use of the restroom or changing facility is necessary to prevent a serious threat to good order or student safety.

  (2) During any public-school authorized activity or event where students share overnight lodging, no student shall share a sleeping quarter or multi-occupancy restroom with a member of the opposite sex, unless such persons are members of the same family, such as a parent, legal guardian, sibling, or grandparent.

  (3) In any other public-school facility or setting where a person may be in a state of undress in the presence of others, school personnel shall provide separate, private areas designated for use by persons based on their sex, and no person shall enter these private areas unless he or she is a member of the designated sex.

 (D) Nothing in this proviso may be construed to prohibit schools from adopting policies necessary to accommodate disabled persons or young children in need of physical assistance when using restrooms or changing facilities. /

 Amend sections, totals and title to conform.