Arkansas 2023 Regular Session

Arkansas House Bill HB1156 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 317 of the Regular Session
3	2		TNL080 03-09-2023 12:13:54 TNL080
4	3
5	4		State of Arkansas As Engrossed: H1/24/23 H1/30/23 S3/9/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1156 3
8	7		4
9	8		By: Representatives Bentley, K. Brown, Crawford, D. Hodges, Ladyman, Long, Lundstrum, McAlindon, 5
10	9		Miller, Rose, Tosh, Barker 6
11	10		By: Senator D. Sullivan 7
12	11		8
13	12		For An Act To Be Entitled 9
14	13		AN ACT CONCERNING A PUBLIC SCHOOL DISTRI CT OR OPEN-10
15	14		ENROLLMENT PUBLIC CH ARTER SCHOOL POLICY RELATING TO 11
16	15		THE SEX OF A PUBLIC SCHOOL STUDENT WHO A TTENDS A 12
17	16		PUBLIC SCHOOL SPONSO RED OR SUPERVISED OV ERNIGHT TRIP; 13
18	17		CONCERNING THE DESIG NATION OF A MULTIPLE OCCUPANCY 14
19	18		RESTROOM OR CHANGING AREA BASED ON AN IND IVIDUAL'S 15
20	19		SEX; AND FOR OTHER P URPOSES. 16
21	20		17
22	21		18
23	22		Subtitle 19
24	23		CONCERNING A PUBLIC SCHOOL DISTRICT OR 20
25	24		OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL 21
26	25		POLICY RELATING TO A PUBLIC SCHOOL 22
27	26		STUDENT'S SEX. 23
28	27		24
29	28		25
30	29		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
31	30		27
32	31		SECTION 1. Arkansas Code Title 6, Chapter 10, Subchapter 1, is amended 28
33	32		to add an additional section to read as follows: 29
34	33		6-10-137. Overnight trips. 30
35	34		(a) Except as provided in subsection (b) of this section, a pub lic 31
36	35		school district or open-enrollment public charter school that sponsors or 32
37	36		supervises an overnight trip involving a public school student shall ensure 33
38	37		that a public school student attending the overnight trip either: 34
39	38		(1) Shares sleeping quarters with a member or, if necessary, 35
40	39		multiple members, of the same sex; or 36 As Engrossed: H1/24/23 H1/30/23 S3/9/23 HB1156
41	40
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44	43
45	44		(2) Is provided single -occupancy sleeping quarters. 1
46	45		(b) A public school student attending an overnight trip may share 2
47	46		sleeping quarters with a member of the opposite sex if the member o f the 3
48	47		opposite sex is a member of the public school student's immediate family. 4
49	48		5
50	49		SECTION 2. Arkansas Code Title 6, Chapter 21, Subchapter 1, is amended 6
51	50		to add an additional section to read as follows: 7
52	51		6-21-120. Public school restrooms — Designation based on sex. 8
53	52		(a) As used in this section: 9
54	53		(1)(A) "Multiple occupancy restroom or changing area" means an 10
55	54		area in a public school district or open -enrollment public charter school 11
56	55		building that is designed or designated to be used by one (1) or more 12
57	56		individuals at the same time and in which one (1) or more individuals may be 13
58	57		in various stages of undress in the presence of other individuals. 14
59	58		(B) "Multiple occupancy restroom or changing area" 15
60	59		includes without limitation the following: 16
61	60		(i) A restroom; 17
62	61		(ii) A locker room; 18
63	62		(iii) A changing room; and 19
64	63		(iv) A shower room; and 20
65	64		(2)(A) "Sex" means the physical condition of being male or 21
66	65		female based on genetics and physiology. 22
67	66		(B) A public school district or open -enrollment public 23
68	67		charter school may rely upon a public school student's sex as identified on 24
69	68		his or her original birth certificate issued at or near the time of his or 25
70	69		her birth. 26
71	70		(b) To ensure privacy and safety, each public school district and 27
72	71		open-enrollment public chart er school that serves students in prekindergarten 28
73	72		through grade twelve (preK -12) in this state shall: 29
74	73		(1) Require each multiple occupancy restroom or changing area to 30
75	74		be designated as follows: 31
76	75		(A) For the exclusive use by the male sex; or 32
77	76		(B) For the exclusive use by the female sex; and 33
78	77		(2)(A) Provide a reasonable accommodation to an individual who 34
79	78		is unwilling or unable to use a multiple occupancy restroom or changing area 35
80	79		designated for the individual's sex. 36 As Engrossed: H1/24/23 H1/30/23 S3/9/23 HB1156
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84	83
85	84		(B)(i) A reasonable accommo dation under this subdivision 1
86	85		(b)(2)(A) may include without limitation access to a single -occupancy 2
87	86		restroom or changing area. 3
88	87		(ii) A reasonable accommodation shall not include 4
89	88		access to a restroom or changing area that is designated for use by member s 5
90	89		of the opposite sex to an individual while members of the opposite sex of the 6
91	90		individual are present or may be present in the restroom or changing area. 7
92	91		(c) This section does not apply to an individual who enters a multiple 8
93	92		occupancy restroom or changi ng area designated for use by the opposite sex 9
94	93		when he or she enters for at least one (1) of the following circumstances: 10
95	94		(1) For custodial, maintenance, or inspection purposes; 11
96	95		(2) To render emergency medical assistance; or 12
97	96		(3) To address an ongo ing emergency, including without 13
98	97		limitation a physical altercation. 14
99	98		(d)(1) Nothing in this section shall be construed to prohibit a public 15
100	99		school district or open -enrollment public charter school from adopting a 16
101	100		policy that is necessary to accommodate in dividuals protected under the 17
102	101		Americans with Disabilities Act of 1990, Pub. L. No. 101 -336, as it existed 18
103	102		on January 1, 2023, or young children who are in need of physical assistance 19
104	103		when using a restroom or changing facility that is located in a public sc hool 20
105	104		district or open-enrollment public charter school. 21
106	105		(2) However, a public school district or open -enrollment public 22
107	106		charter school that serves students in prekindergarten through grade twelve 23
108	107		(preK-12) in this state shall not adopt a policy under su bdivision (d)(1) of 24
109	108		this section that is contrary to this section. 25
110	109		(e)(1) An allegation of noncompliance with this section shall be 26
111	110		referred to the Professional Licensure Standards Board by filing a formal 27
112	111		complaint. 28
113	112		(2) Upon the board finding noncomp liance with this section, the 29
114	113		following individuals, as applicable, shall be subject to a minimum fine of 30
115	114		one thousand dollars ($1,000), and may receive additional sanctions as 31
116	115		determined by the board: 32
117	116		(A) The superintendent of a public school district where 33
118	117		the noncompliance occurred, if the superintendent is found specifically to be 34
119	118		noncompliant with this section; 35
120	119		(B) The principal of a public school where the 36 As Engrossed: H1/24/23 H1/30/23 S3/9/23 HB1156
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124	123
125	124		noncompliance occurred, if the principal is found specifically to be 1
126	125		noncompliant with this section; 2
127	126		(C) The director or administrative head of an open -3
128	127		enrollment public charter school where the noncompliance occurred, if the 4
129	128		director or administrative head is found specifically to be noncompliant with 5
130	129		this section; or 6
131	130		(D) A teacher or supervisor of a classroom or school -7
132	131		sponsored activity, if the teacher or supervisor is found specifically to be 8
133	132		noncompliant with this section. 9
134	133		(f) A parent, legal guardian, or person standing in loco parentis of a 10
135	134		public school student shall have a cause of action against a public school 11
136	135		district or an open-enrollment public charter school if: 12
137	136		(1) His or her public school student: 13
138	137		(A) Encounters a member of the opposite sex in a public 14
139	138		school district or open -enrollment public charter school m ultiple occupancy 15
140	139		restroom or changing area that is designated for the public school student's 16
141	140		sex if the member of the opposite sex received permission from the public 17
142	141		school district or open -enrollment public charter school superintendent or 18
143	142		the public school or open-enrollment public charter school building principal 19
144	143		to use the multiple occupancy restroom or changing area; or 20
145	144		(B) Is required by a public school district or open -21
146	145		enrollment public charter school superintendent or the public school or op en-22
147	146		enrollment public charter school building principal to share sleeping 23
148	147		quarters with a member of the opposite sex who is not a family member of the 24
149	148		public school student; or 25
150	149		(2) The public school district or open -enrollment public charter 26
151	150		school is found to be noncompliant under subsection (e) of this section. 27
152	151		(g) The Division of Elementary and Secondary Education shall 28
153	152		promulgate rules to implement this section. 29
154	153		30
155	154		/s/Bentley 31
156	155		32
157	156		33
158		-	~~APPROVED: 3/21/23~~ 34
	157	+	34
159	158		35
160	159		36