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AN ACT relating to public school restroom facilities. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 162 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "single-user toilet facility" means a restroom designed for 5
use by a single occupant that: 6
(a) Has a lock that is controlled by the occupant; 7
(b) Contains one (1) toilet; 8
(c) May contain no more than one (1) urinal; and 9
(d) May contain no more than one (1) sink. 10
(2) Beginning July 1, 2025, the chief state school officer shall not approve plans and 11
specifications as required by KRS 162.060 with a budget of over two million 12
dollars ($2,000,000) for either a new public school building contemplated by a 13
board of education or for any addition or alteration of old buildings unless the 14
plans and specifications provide single-user toilet facilities available for use by 15
persons of any gender in accordance with Kentucky Board of Education 16
administrative regulations. These plans and specifications shall include at least 17
one (1) single-user toilet facility available for use by persons of any gender. This 18
subsection shall not apply to any plans or specifications submitted prior to July 1, 19
2025. 20
(3) The Kentucky Board of Education shall promulgate administrative regulations in 21
accordance with KRS Chapter 13A regarding the required number of single-user 22
toilet facilities and distribution of those facilities within each public school 23
building. The regulations shall: 24
(a) Be based upon relevant and appropriate factors, including but not limited to 25
student enrollment, employee population, square footage of the building, 26
floor plan of the building, and age of the building; 27 UNOFFICIAL COPY 25 RS BR 135
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(b) Include a requirement that the single-user toilet facilities are available for 1
use by students, employees, contractors, visitors, and other guests within the 2
building; and 3
(c) Provide exemptions for toilet facilities designated for large-capacity venues 4
that are designed to serve a large volume of people in a short time. 5
SECTION 2. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 6
READ AS FOLLOWS: 7
Each school council, or the principal if no school council exists, of a school where 8
more than twenty-five percent (25%) of the school's restroom facilities are single-user 9
toilet facilities as defined in Section 1 of this Act, shall develop a plan to assist students 10
needing additional privacy due to an urgent medical or biological need to access 11
restroom facilities that provide additional privacy. The plan may include directing a 12
student to a school nurse or a family resource and youth service center to access 13
additional privacy and to receive support services to address the biological or medical 14
need. The plan may also be incorporated into a student's individualized education 15
program required under Pub. L. No. 94-142 or the student's 504 plan required under 16
Pub. L. No. 93-112. 17