Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: H1/24/23 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 schoo l 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 not 33
required to share sleeping quarters with a member of the opposite sex, unless 34
the member of the opposite sex is a member of the public school student's 35
family. 36 As Engrossed: H1/24/23 HB1156
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SECTION 2. Arkansas Code Title 6, Chapter 21, Subchapter 1, is amended 2
to add an additional section to read as follows: 3
6-21-120. Public school restrooms — Designation based on sex. 4
(a) As used in this section: 5
(1)(A) "Multiple occupancy restroom or changing area" means an 6
area in a public school district or open -enrollment public charter school 7
building that is designed or designated to be used by one (1) or more 8
individuals at the s ame time and in which one (1) or more individuals may be 9
in various stages of undress in the presence of other individuals. 10
(B) "Multiple occupancy restroom or changing area" 11
includes without limitation the following: 12
(i) A restroom; 13
(ii) A locker room; 14
(iii) A changing room; and 15
(iv) A shower room; and 16
(2)(A) "Sex" means the physical condition of being male or 17
female based on genetics and physiology. 18
(B) A public school district or open -enrollment public 19
charter school may re ly upon a public school student's sex as identified on 20
his or her original birth certificate issued at or near the time of his or 21
her birth. 22
(b) To ensure privacy and safety, each public school district and 23
open-enrollment public charter school that serv es students in prekindergarten 24
through grade twelve (preK -12) in this state shall: 25
(1) Require each multiple occupancy restroom or changing area to 26
be designated as follows: 27
(A) For the exclusive use by the male sex; or 28
(B) For the exclusive use by the female sex; and 29
(2)(A) Provide a reasonable accommodation to an individual who 30
is unwilling or unable to use a multiple occupancy restroom or changing area 31
designated for the individual's sex. 32
(B)(i) A reasonable accommodation under this sub division 33
(b)(2)(A) may include without limitation access to a single -occupancy 34
restroom or changing area. 35
(ii) A reasonable accommodation shall not include 36 As Engrossed: H1/24/23 HB1156
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access to a restroom or changing area that is designated for use by members 1
of the opposite sex to an individual while members of the opposite sex of the 2
individual are present or may be present in the restroom or changing area. 3
(c) This section does not apply to an individual who enters a multiple 4
occupancy restroom or changing area designated fo r use by the opposite sex 5
when he or she enters for at least one (1) of the following circumstances: 6
(1) For custodial, maintenance, or inspection purposes; 7
(2) To render emergency medical assistance; or 8
(3) To address an ongoing emergency, includ ing without 9
limitation a physical altercation. 10
(d)(1) Nothing in this section shall be construed to prohibit a public 11
school district or open -enrollment public charter school from adopting a 12
policy that is necessary to accommodate individuals protected u nder the 13
Americans with Disabilities Act of 1990, Pub. L. No. 101 -336, as it existed 14
on January 1, 2023, or young children who are in need of physical assistance 15
when using a restroom or changing facility that is located in a public school 16
district or open-enrollment public charter school. 17
(2) However, a public school district or open -enrollment public 18
charter school that serves students in prekindergarten through grade twelve 19
(preK-12) in this state shall not adopt a policy under subdivision (d)(1) of 20
this section that is contrary to this section. 21
(e) Upon the State Board of Education finding noncompliance with this 22
section, the following individuals, as applicable, shall receive a fifteen 23
percent (15%) reduction in salary for the fiscal year following the year the 24
public school district or open -enrollment public charter school was found to 25
be noncompliant with this section: 26
(1) The superintendent of a public school district found to be 27
noncompliant with this section; 28
(2) The principal of the spec ific public school found to be 29
noncompliant with this section; and 30
(3) The director or administrative head of an open -enrollment 31
public charter school found to be noncompliant with this section. 32
(f) A parent, legal guardian, or person standing in loco parentis of a 33
public school student shall have a cause of action against a public school 34
district or an open-enrollment public charter school if: 35
(1) His or her public school student: 36 As Engrossed: H1/24/23 HB1156
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(A) Encounters a member of the opposite sex in a public 1
school district or open-enrollment public charter school multiple occupancy 2
restroom or changing area that is designated for the public school student's 3
sex if the member of the opposite sex received permission from the public 4
school district or open -enrollment public charter school to use the multiple 5
occupancy restroom or changing area; or 6
(B) Is required by a public school district or open -7
enrollment public charter school to share sleeping quarters with a member of 8
the opposite sex who is not a family member of the public school student; or 9
(2) The public school district or open -enrollment public charter 10
school is found to be noncompliant under subsection (e) of this section. 11
(g) The Division of Elementary and Secondary Education shall 12
promulgate rules to implement this section. 13
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