| 11 | 9 | | 7 |
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| 12 | 10 | | For An Act To Be Entitled 8 |
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| 13 | 11 | | AN ACT TO AUTHORIZE A COACH OR ATHLETICS PERSONNEL 9 |
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| 14 | 12 | | MEMBER OF THE OPPOSITE SEX TO ADDRESS, SUPERVISE, OR 10 |
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| 15 | 13 | | TREAT STUDENT ATHLETES IN A MULTIPLE OCCUPANCY 11 |
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| 16 | 14 | | RESTROOM OR CHANGING AREA UNDER CERTAIN CONDITIONS; 12 |
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| 17 | 15 | | AND FOR OTHER PURPOSES. 13 |
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| 18 | 16 | | 14 |
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| 19 | 17 | | 15 |
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| 20 | 18 | | Subtitle 16 |
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| 21 | 19 | | TO AUTHORIZE A COACH OR ATHLETICS 17 |
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| 22 | 20 | | PERSONNEL MEMBER OF THE OPPOSITE SEX TO 18 |
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| 23 | 21 | | ADDRESS, SUPERVISE, OR TREAT STUDENT 19 |
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| 24 | 22 | | ATHLETES IN A MULTIPLE OCCUPANCY 20 |
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| 25 | 23 | | RESTROOM OR CHANGING AREA UNDER CERTAIN 21 |
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| 26 | 24 | | CONDITIONS. 22 |
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| 27 | 25 | | 23 |
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| 28 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 |
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| 29 | 27 | | 25 |
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| 30 | 28 | | SECTION 1. Arkansas Code § 6 -21-120(a), concerning definitions 26 |
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| 31 | 29 | | regarding public school restroom and changing area designation requirements, 27 |
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| 32 | 30 | | is amended to read as follows: 28 |
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| 33 | 31 | | (a) As used in this section: 29 |
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| 34 | 32 | | (1) "Athletic event" means an organized athletic activity that 30 |
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| 35 | 33 | | is sponsored by or associated with a public school district or an open -31 |
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| 36 | 34 | | enrollment public charter school and in which participants are: 32 |
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| 37 | 35 | | (A) Engaged in an athletic game or competition against 33 |
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| 38 | 36 | | another team, club, or entity; or 34 |
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| 39 | 37 | | (B) In practice or preparation for an organized athletic 35 |
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| 45 | 41 | | (2) "Athletics personnel" means athletic directors and other 1 |
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| 46 | 42 | | individuals actively involved in organizing, training, or coaching athletic 2 |
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| 47 | 43 | | events for student athletes; 3 |
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| 48 | 44 | | (1)(A)(3)(A) “Multiple occupancy restroom or changing area” 4 |
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| 49 | 45 | | means an area in a public school district or open -enrollment public charter 5 |
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| 50 | 46 | | school building that is designed or designated to be used by one (1) or more 6 |
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| 51 | 47 | | individuals at the same time and in which one (1) or more individuals may be 7 |
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| 52 | 48 | | in various stages of undress in the presence of other individuals. 8 |
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| 53 | 49 | | (B) “Multiple occupancy restroom or changing area” 9 |
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| 54 | 50 | | includes without limitation the following: 10 |
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| 55 | 51 | | (i) A restroom; 11 |
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| 56 | 52 | | (ii) A locker room; 12 |
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| 57 | 53 | | (iii) A changing room; and 13 |
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| 58 | 54 | | (iv) A shower room; and 14 |
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| 59 | 55 | | (2)(A)(4)(A) “Sex” means the physical condition of being male or 15 |
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| 60 | 56 | | female based on genetics and physiology. 16 |
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| 61 | 57 | | (B) A public school district or open -enrollment public 17 |
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| 62 | 58 | | charter school may rely upon a public school student's sex as identified on 18 |
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| 63 | 59 | | his or her original birth certificate issued at or near the time of his or 19 |
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| 64 | 60 | | her birth. 20 |
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| 65 | 61 | | 21 |
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| 66 | 62 | | SECTION 2. Arkansas Code § 6 -21-120(c), concerning exceptions to the 22 |
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| 67 | 63 | | requirement that public school restrooms and changing areas be designated 23 |
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| 68 | 64 | | based on sex, is amended to read as follows: 24 |
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| 69 | 65 | | (c) This section does not apply to an individual who enters a multiple 25 |
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| 70 | 66 | | occupancy restroom or changing area designated for use by the opposite sex 26 |
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| 71 | 67 | | when he or she enters for at least one (1) of the following circumstances: 27 |
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| 72 | 68 | | (1) For custodial, maintenance, or inspection purposes; 28 |
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| 73 | 69 | | (2) To render emergency medical assistance; or 29 |
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| 74 | 70 | | (3) To address an ongoing emergency, including without 30 |
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| 75 | 71 | | limitation a physical altercation ; or 31 |
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| 76 | 72 | | (4) The individual is a coach or other athletics personnel 32 |
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| 77 | 73 | | member who enters and is present in the multiple occupancy restroom or 33 |
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| 78 | 74 | | changing area to address, supervise, or treat student athletes that the 34 |
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| 79 | 75 | | individual is overseeing during a reasonable time before an athletic event, 35 |
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