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 H1/30/23 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, Rose, Tosh, Barker 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) Except as provided in subsection (b) of this section, a publi c 31
school district or open-enrollment public charter school that sponsors or 32
supervises an overnight trip involving a public school student shall ensure 33
that a public school student attending the overnight trip is required to 34
share sleeping quarters with a member of the same sex. 35
(b) A public school student attending an overnight trip may share 36 As Engrossed: H1/24/23 H1/30/23 HB1156
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sleeping quarters with a member of the opposite sex if the member of the 1
opposite sex is a member of the public school student's immediate family. 2
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SECTION 2. Arkansas Code Title 6, Chapter 21, Subchapter 1, is amended 4
to add an additional section to read as follows: 5
6-21-120. Public school restrooms — Designation based on sex. 6
(a) As used in this section: 7
(1)(A) "Multiple occupancy restroom or changing area " means an 8
area in a public school district or open -enrollment public charter school 9
building that is designed or designated to be used by one (1) or more 10
individuals at the same time and in which one (1) or more individuals may be 11
in various stages of und ress in the presence of other individuals. 12
(B) "Multiple occupancy restroom or changing area" 13
includes without limitation the following: 14
(i) A restroom; 15
(ii) A locker room; 16
(iii) A changing room; and 17
(iv) A shower room; and 18
(2)(A) "Sex" means the physical condition of being male or 19
female based on genetics and physiology. 20
(B) A public school district or open -enrollment public 21
charter school may rely upon a public school student's sex as identified on 22
his or her original birth certificate issued at or near the time of his or 23
her birth. 24
(b) To ensure privacy and safety, each public school district and 25
open-enrollment public charter school that serves students in prekindergarten 26
through grade twelve (preK -12) in this state shall : 27
(1) Require each multiple occupancy restroom or changing area to 28
be designated as follows: 29
(A) For the exclusive use by the male sex; or 30
(B) For the exclusive use by the female sex; and 31
(2)(A) Provide a reasonable accommodation to an indivi dual who 32
is unwilling or unable to use a multiple occupancy restroom or changing area 33
designated for the individual's sex. 34
(B)(i) A reasonable accommodation under this subdivision 35
(b)(2)(A) may include without limitation access to a single -occupancy 36 As Engrossed: H1/24/23 H1/30/23 HB1156
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restroom or changing area. 1
(ii) A reasonable accommodation shall not include 2
access to a restroom or changing area that is designated for use by members 3
of the opposite sex to an individual while members of the opposite sex of the 4
individual are prese nt or may be present in the restroom or changing area. 5
(c) This section does not apply to an individual who enters a multiple 6
occupancy restroom or changing area designated for use by the opposite sex 7
when he or she enters for at least one (1) of the fol lowing circumstances: 8
(1) For custodial, maintenance, or inspection purposes; 9
(2) To render emergency medical assistance; or 10
(3) To address an ongoing emergency, including without 11
limitation a physical altercation. 12
(d)(1) Nothing in this section shall be construed to prohibit a public 13
school district or open -enrollment public charter school from adopting a 14
policy that is necessary to accommodate individuals protected under the 15
Americans with Disabilities Act of 1990, Pub. L. No. 101 -336, as it existed 16
on January 1, 2023, or young children who are in need of physical assistance 17
when using a restroom or changing facility that is located in a public school 18
district or open-enrollment public charter school. 19
(2) However, a public school district or open-enrollment public 20
charter school that serves students in prekindergarten through grade twelve 21
(preK-12) in this state shall not adopt a policy under subdivision (d)(1) of 22
this section that is contrary to this section. 23
(e)(1) An allegation of noncomp liance with this section shall be 24
referred to the Professional Licensure Standards Board by filing a formal 25
complaint. 26
(2) Upon the board finding noncompliance with this section, the 27
following individuals, as applicable, shall be subject to a minimum fi ne of 28
one thousand dollars ($1,000), and may receive additional sanctions as 29
determined by the board: 30
(A) The superintendent of a public school district where 31
the noncompliance occurred, if the superintendent is found specifically to be 32
noncompliant with this section; 33
(B) The principal of a public school where the 34
noncompliance occurred, if the principal is found specifically to be 35
noncompliant with this section; 36 As Engrossed: H1/24/23 H1/30/23 HB1156
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(C) The director or administrative head of an open -1
enrollment public charter school where the noncompliance occurred, if the 2
director or administrative head is found specifically to be noncompliant with 3
this section; or 4
(D) A teacher or supervisor of a classroom or school -5
sponsored activity, if the teacher or supervisor is found spec ifically to be 6
noncompliant with this section. 7
(f) A parent, legal guardian, or person standing in loco parentis of a 8
public school student shall have a cause of action against a public school 9
district or an open-enrollment public charter school if: 10
(1) His or her public school student: 11
(A) Encounters a member of the opposite sex in a public 12
school district or open -enrollment public charter school multiple occupancy 13
restroom or changing area that is designated for the public school student's 14
sex if the member of the opposite sex received permission from the public 15
school district or open -enrollment public charter school superintendent or 16
the public school or open -enrollment public charter school building principal 17
to use the multiple occupancy restroom or changing area; or 18
(B) Is required by a public school district or open -19
enrollment public charter school superintendent or the public school or open -20
enrollment public charter school building principal to share sleeping 21
quarters with a member of the opposite sex who is not a family member of the 22
public school student; or 23
(2) The public school district or open -enrollment public charter 24
school is found to be noncompliant under subsection (e) of this section. 25
(g) The Division of Elementary and Secondary Education shall 26
promulgate rules to implement this section. 27
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/s/Bentley 29
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