Stricken language would be deleted from and underlined language would be added to present law. Act 119 of the Regular Session *TNL072* 02-11-2025 14:04:22 TNL072 State of Arkansas As Engrossed: H2/5/25 S2/11/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1215 3 4 By: Representative Bentley 5 By: Senator J. Bryant 6 7 For An Act To Be Entitled 8 AN ACT TO AUTHORIZE A COACH OR ATHLETICS PERSONNEL 9 MEMBER OF THE OPPOSITE SEX TO ADDRESS, SUPERVISE, OR 10 TREAT STUDENT ATHLETES IN A MULTIPLE OCCUPANCY 11 RESTROOM OR CHANGING AREA UNDER CERTAIN CONDITIONS; 12 AND FOR OTHER PURPOSES. 13 14 15 Subtitle 16 TO AUTHORIZE A COACH OR ATHLETICS 17 PERSONNEL MEMBER OF THE OPPOSITE SEX TO 18 ADDRESS, SUPERVISE, OR TREAT STUDENT 19 ATHLETES IN A MULTIPLE OCCUPANCY 20 RESTROOM OR CHANGING AREA UNDER CERTAIN 21 CONDITIONS. 22 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 25 SECTION 1. Arkansas Code § 6 -21-120(a), concerning definitions 26 regarding public school restroom and changing area designation requirements, 27 is amended to read as follows: 28 (a) As used in this section: 29 (1) "Athletic event" means an organized athletic activity that 30 is sponsored by or associated with a public school district or an open -31 enrollment public charter school and in which participants are: 32 (A) Engaged in an athletic game or competition against 33 another team, club, or entity; or 34 (B) In practice or preparation for an organized athletic 35 game or competition against another team, club, or entity; 36 As Engrossed: H2/5/25 S2/11/25 HB1215 2 02-11-2025 14:04:22 TNL072 (2) "Athletics personnel" means athletic directors and other 1 individuals actively involved in organizing, training, or coaching athletic 2 events for student athletes; 3 (1)(A)(3)(A) “Multiple occupancy restroom or changing area” 4 means an area in a public school district or open -enrollment public charter 5 school building that is designed or designated to be used by one (1) or more 6 individuals at the same time and in which one (1) or more individuals may be 7 in various stages of undress in the presence of other individuals. 8 (B) “Multiple occupancy restroom or changing area” 9 includes without limitation the following: 10 (i) A restroom; 11 (ii) A locker room; 12 (iii) A changing room; and 13 (iv) A shower room; and 14 (2)(A)(4)(A) “Sex” means the physical condition of being male or 15 female based on genetics and physiology. 16 (B) A public school district or open -enrollment public 17 charter school may rely upon a public school student's sex as identified on 18 his or her original birth certificate issued at or near the time of his or 19 her birth. 20 21 SECTION 2. Arkansas Code § 6 -21-120(c), concerning exceptions to the 22 requirement that public school restrooms and changing areas be designated 23 based on sex, is amended to read as follows: 24 (c) This section does not apply to an individual who enters a multiple 25 occupancy restroom or changing area designated for use by the opposite sex 26 when he or she enters for at least one (1) of the following circumstances: 27 (1) For custodial, maintenance, or inspection purposes; 28 (2) To render emergency medical assistance; or 29 (3) To address an ongoing emergency, including without 30 limitation a physical altercation; or 31 (4) The individual is a coach or other athletics personnel 32 member who enters and is present in the multiple occupancy restroom or 33 changing area to address, supervise, or treat student athletes that the 34 individual is overseeing during a reasonable time before an athletic event, 35 during an athletic event, or immediately following an athletic event if: 36 As Engrossed: H2/5/25 S2/11/25 HB1215 3 02-11-2025 14:04:22 TNL072 (A) The coach or other athletics personnel member verifies 1 that no person is in a state of undress at any time while the coach or other 2 athletics personnel member is present; and 3 (B) An adult besides the individual who is a coach or 4 other athletics personnel member is present. 5 /s/Bentley 6 7 8 APPROVED: 2/18/25 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36