Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1156 3
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By: Representatives Bentley, K. Brown, Crawford, D. Hodges, Ladyman, Long, Lundstrum, McAlindon, 5
Miller, S. Richardson, Rose, Tosh 6
By: Senator D. Sullivan 7
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For An Act To Be Entitled 9
AN ACT CONCERNING A PUBLIC SCHOOL DISTRI CT OR OPEN-10
ENROLLMENT PUBLIC CH ARTER SCHOOL POLICY RELATING TO 11
THE SEX OF A PUBLIC SCHOOL STUDENT WHO A TTENDS A 12
PUBLIC SCHOOL SPONSO RED OR SUPERVISED OV ERNIGHT TRIP; 13
CONCERNING THE DESIG NATION OF A MULTIPLE OCCUPANCY 14
RESTROOM OR CHANGING AREA BASED ON AN IND IVIDUAL'S 15
SEX; AND FOR OTHER P URPOSES. 16
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Subtitle 19
CONCERNING A PUBLIC SCHOOL DISTRICT OR 20
OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL 21
POLICY RELATING TO A PUBLIC SCHOOL 22
STUDENT'S SEX. 23
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
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SECTION 1. Arkansas Code Title 6, Chapter 10, Subchapter 1, is amended 28
to add an additional section to read as follows: 29
6-10-137. Overnight trips. 30
A public school district or open -enrollment public charter school that 31
sponsors or supervises an overnight trip involving a public school student 32
shall ensure that a public school student attending the overnight trip is 33
assigned to a room based on the public school student's birth -assigned 34
gender. 35
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SECTION 2. Arkansas Code Title 6, Chapter 21, Subchapter 1, is amended 1
to add an additional section to read as follows: 2
6-21-120. Public school restrooms — Designation based on sex. 3
(a) As used in this section: 4
(1)(A) "Multiple occupancy restroom or changing area" mean s an 5
area in a public school district or open -enrollment public charter school 6
building that is designed or designated to be used by one (1) or more 7
individuals at the same time and in which one (1) or more individuals may be 8
in various stages of undress i n the presence of other individuals. 9
(B) "Multiple occupancy restroom or changing area" 10
includes without limitation the following: 11
(i) A restroom; 12
(ii) A locker room; 13
(iii) A changing room; and 14
(iv) A shower room; and 15
(2) "Sex" means the physical condition of being male or female 16
based on genetics and physiology, as identified on an individual's original 17
birth certificate. 18
(b) To ensure privacy and safety, each public school district and 19
open-enrollment public charter school tha t serves students in prekindergarten 20
through grade twelve (preK -12) in this state shall: 21
(1) Require each multiple occupancy restroom or changing area to 22
be designated as follows: 23
(A) For the exclusive use by the male sex; or 24
(B) For the exclusi ve use by the female sex; 25
(2)(A) Provide a reasonable accommodation to an individual who 26
does not wish to comply with subdivision (b)(1) of this section. 27
(B) A reasonable accommodation under this subdivision 28
(b)(2)(A) shall include access to a singl e-occupancy restroom or changing 29
room; and 30
(3)(A) Adopt a policy to administer disciplinary action for an 31
individual who refuses to comply with this section. 32
(B) A public school district or open -enrollment public 33
charter school that serves students in prekindergarten through grade twelve 34
(preK-12) in this state shall not adopt a policy under this subdivision 35
(b)(3)(A) that is contrary to this section. 36 HB1156
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(c) This section does not apply to an individual who enters a multiple 1
occupancy restroom or chang ing area designated for use by the opposite sex 2
when he or she enters for at least one (1) of the following circumstances: 3
(1) For custodial, maintenance, or inspection purposes; 4
(2) To render emergency medical assistance; or 5
(3) To address an ong oing emergency, including without 6
limitation a physical altercation. 7
(d) Upon the State Board of Education finding noncompliance with this 8
section, a noncompliant public school district or open -enrollment public 9
charter school shall receive a five percen t (5%) decrease in state foundation 10
funding as provided under § 6 -20-2305 for the fiscal year following the year 11
the public school district or open -enrollment public charter school was found 12
to be noncompliant with this section. 13
(e) A parent, legal guard ian, or person standing in loco parentis of a 14
public school student shall have a cause of action against a public school 15
district or open-enrollment public charter school that is found to be 16
noncompliant under subsection (d) of this section. 17
(f) The Division of Elementary and Secondary Education shall 18
promulgate rules to implement this section. 19
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