Education; provide safety of students; require multiple occupancy restrooms and changing areas designated for exclusive use by males or females
Impact
If enacted, HB 936 would make significant changes to how public schools manage restroom, changing area, and sleeping arrangements. Schools would have to implement new policies to comply with this bill, which may involve additional resources for monitoring and enforcement. The Professional Standards Commission is given authority to investigate complaints regarding noncompliance, and individuals found violating these rules may face substantial fines and sanctions. This could also lead to increased legal actions taken by parents or guardians against schools that do not adhere to the guidelines laid out in the legislation, thus impacting the administrative focus within school systems across the state.
Summary
House Bill 936 aims to enhance the safety and privacy of students in public schools by mandating that multiple occupancy restrooms and changing areas be designated for the exclusive use of individuals based on their sex. The bill specifies that restrooms, locker rooms, changing rooms, and shower facilities must be divided by sex as determined by an individual's sex listed on their birth certificate. Reasonable accommodations must be provided for individuals who are unwilling or unable to use the designated facilities, allowing for access to single-occupancy restrooms as needed. The bill also includes provisions related to sleeping arrangements during overnight school trips, ensuring that students share sleeping quarters only with members of the same sex unless they are immediate family members.
Contention
The bill has sparked considerable debate, particularly concerning its implications for transgender students and student safety. Advocates for student rights argue that the bill could discriminate against students who do not conform to traditional gender identities and may increase bullying or harassment in schools. Additionally, opponents highlight the potential for this legislation to create a non-inclusive environment for all students, citing concerns over mental health and the well-being of those who may not identify strictly with the designation provided at birth. Proponents, however, assert that the bill is necessary for maintaining privacy and safety in school environments and address the concerns of parents regarding their children's exposure to individuals of the opposite sex in shared facilities.
Concerning Safety And Privacy In Certain Entities; And Concerning The Designation Of Multi-occupancy Restrooms, Changing Rooms, And Sleeping Quarters In Certain Entities Based On An Individual's Sex.
The use of restrooms, locker rooms, and shower rooms in a dormitory or living facility controlled by the state board of higher education, a correctional facility, the North Dakota youth correctional center, and the penitentiary exclusively for males and females.
A bill for an act prohibiting persons from entering single and multiple occupancy restrooms or changing areas and other facilities in elementary and secondary schools that do not correspond with the person's biological sex and including effective date provisions. (Formerly SF 335.) Effective date: 03/22/2023.
A bill for an act prohibiting persons from entering single and multiple occupancy restrooms or changing areas and other facilities in public accommodations that do not correspond with the person's biological sex, and including effective date provisions.
Sex-based terms, defined; vital statistics, report sex as male or female at birth required, legislative policy regarding sex and gender identity established