SB 1182
Initials CH Page 1 Vetoed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: ED DP 4-3-0-0 | 3rd Read 16-13-1-0
House: ED DP 6-4-0-0 | 3rd Read 31-28-0-0-1
Final Read: 16-14-0-0
SB 1182: public schools; showers; reasonable accommodations
Sponsor: Senator Kavanagh, LD 3
Vetoed
Overview
Mandates a public school provide a reasonable accommodation to a person who is unwilling
or unable to use a multioccupancy shower room designated for the person's sex. Provides
private cause of action to an individual who is denied a reasonable accommodation or who
encounters a person of the opposite sex in a public school multioccupancy shower room as
specified.
History
A public school is any public institution that offers instruction to students in preschool
programs for children with disabilities, kindergarten programs or any combination of the 1st-
12th grades (A.R.S. § 15-101).
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified
individuals with disabilities in certain areas, such as employment, state/local government
services, public accommodations, transportation and telecommunications. Buildings open to
the public, including public schools, are required to meet ADA guidelines (28 C.F.R. § 35).
Provisions
1. Requires a public school, upon written request from a person, to provide a reasonable
accommodation to any person who:
a) is, for any reason, unwilling or unable to use a multioccupancy shower room
designated for the person's sex that is located in a public school building or provided
in connection with a public school-sponsored activity; and
b) submits satisfactory evidence of the person's sex to the school. (Sec. 1)
2. Specifies a reasonable accommodation:
a) includes a single-occupancy or employee shower room; and
b) excludes a shower room designated for use by individuals of the opposite sex while
individuals of the opposite sex are present. (Sec. 1)
3. Authorizes public schools to adopt policies that:
a) are necessary to accommodate individuals protected under the ADA or young children
who need physical assistance when using public school shower rooms; and
b) authorize a person to enter a multioccupancy shower room that is designated for use
by individuals of the opposite sex if the person enters the shower room to:
i. perform custodial or maintenance services while the shower room is unoccupied;
ii. provide emergency medical assistance; or
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1182
Initials CH Page 2 Vetoed
iii. maintain order or address a serious threat to student safety during an emergency
situation. (Sec. 1)
4. Stipulates that unless the public school can demonstrate an accommodation would cause
an undue hardship, a person whose written request for a reasonable accommodation is
denied by a public school, an administrator or employee has private cause of action
against the public school. (Sec. 1)
5. Grants a person a private cause of action against a public school if:
a) the person encounters a person of the opposite sex in a multioccupancy shower room
that is designated for the person's sex and that is located in a public school building
or provided in connection with a public school-sponsored activity, unless the person of
the opposite sex is present in the shower room consistent with the public school's
policies; and
b) the public school, an administrator or employee gave the person of the opposite sex
permission to use the shower room. (Sec. 1)
6. Requires any claims to be brought in superior court in the county where the aggrieved
person resides or the public school is located at the time of filing. (Sec. 1)
7. Mandates all civil actions be initiated within two years after the alleged violation
occurred. (Sec. 1)
8. Declares a person who prevails on a claim:
a) may recover monetary damages for all psychological, emotional and physical harm
suffered; and
b) is entitled to recover reasonable attorney fees and costs. (Sec. 1)
9. States other remedies at law or equity available to the aggrieved person against the public
school are not limited. (Sec. 1)
10. Defines satisfactory evidence and sex. (Sec. 1)
11. Contains a severability clause. (Sec. 2)
12. Cites this legislation as the Arizona Accommodations for All Children Act. (Sec. 3)