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AN ACT relating to public school facilities and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 3 of this Act: 5
(1) "Biological sex" means the physical condition of being male or female, which is 6
determined by a person's chromosomes, and is identified at birth by a person's 7
anatomy; 8
(2) "School" means a school under the control of a local board of education of a 9
local school district; and 10
(3) "Unisex restroom" means a restroom designed to be suitable for both sexes. 11
SECTION 2. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 12
READ AS FOLLOWS: 13
The General Assembly finds that: 14
(1) School personnel have a duty to protect the dignity, health, welfare, and privacy 15
rights of students in their care; 16
(2) Children and young adults have natural and normal concerns about privacy 17
while in various states of undress, and most wish for members of the opposite 18
biological sex not to be present in those circumstances; 19
(3) Allowing students to use restrooms, locker rooms, or shower rooms that are 20
reserved for students of a different biological sex: 21
(a) Will create a significant potential for disruption of school activities and 22
unsafe conditions; and 23
(b) Will create potential embarrassment, shame, and psychological injury to 24
students; 25
(4) Parents have a reasonable expectation that schools will not allow minor children 26
to be viewed in various states of undress by members of the opposite biological 27 UNOFFICIAL COPY 23 RS BR 384
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sex, nor allow minor children to view members of the opposite sex in various 1
states of undress; and 2
(5) Schools have a duty to respect and protect the privacy rights of students, 3
including the right not to be compelled to undress or be unclothed in the presence 4
of members of the opposite biological sex. 5
SECTION 3. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 6
READ AS FOLLOWS: 7
(1) Every school restroom, locker room, and shower room designated for student use 8
accessible by multiple students at the same time shall be designated for and used 9
by male students only or female students only. 10
(2) In every school setting in which a student may be in a state of undress in the 11
presence of other students, school personnel shall provide separate, private areas 12
designated for use by students based on their biological sex. 13
(3) (a) A student who asserts to school officials that his or her gender is different 14
from his or her biological sex and whose parent or legal guardian provides 15
written consent to school officials shall be provided with the best available 16
accommodation, but that accommodation shall not include the use of school 17
restrooms, unisex restrooms, locker rooms, or shower rooms designated for 18
use by students of the opposite biological sex while students of the opposite 19
biological sex are present or could be present. 20
(b) Acceptable accommodations may include but are not limited to access to 21
single-stall restrooms or controlled use of faculty bathrooms, locker rooms, 22
or shower rooms. 23
(4) (a) While accessing a restroom, locker room, or shower room designated for 24
use by his or her biological sex, a student encountering a person of the 25
opposite biological sex shall have a private cause of action against the 26
school if school personnel: 27 UNOFFICIAL COPY 23 RS BR 384
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1. Gave the person encountered permission to use facilities of the 1
opposite biological sex; or 2
2. Failed to take reasonable steps to prohibit the person encountered 3
from using facilities designated for use by the opposite biological sex. 4
(b) Any claims arising pursuant to this subsection shall be brought in the 5
Circuit Court in whose jurisdiction the student resides or where the school 6
is located. All claims must be initiated within two (2) years of the violation. 7
(c) The offending school shall be civilly liable to a student who is aggrieved 8
under this subsection and who prevails in a court of jurisdiction prescribed 9
by paragraph (b) of this subsection. The student shall be entitled to recover 10
from the offending school any costs, expenses, and fees, including 11
attorney's fees, associated with the claim. 12
(d) Nothing in this subsection shall limit other remedies at law or equity 13
available to the aggrieved student. 14
(5) Any section or portion of Sections 1 to 3 of this Act declared invalid shall not 15
affect the validity of the remaining portions of Sections 1 to 3 of this Act. 16
Section 4. Whereas situations currently exist in which the privacy rights of 17
students are violated, an emergency is declared to exist, and this Act takes effect upon its 18
passage and approval by the Governor or upon its otherwise becoming a law. 19