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69th Legislature 2025 HB 300.1
- 1 - Authorized Print Version – HB 300
1 HOUSE BILL NO. 300
2 INTRODUCED BY K. SEEKINS-CROWE, S. KELLY, S. KLAKKEN, K. LOVE, G. OVERSTREET, T. SHARP, E.
3 BYRNE, R. GREGG, L. BENNETT, C. SCHOMER, M. THIEL, T. MILLETT, E. BUTTREY, S. GIST, C. HINKLE,
4 R. MARSHALL, N. NICOL, A. REGIER, C. SPRUNGER, S. FITZPATRICK, B. LER, G. OBLANDER, J.
5 ETCHART, L. DEMING, F. NAVE, P. FIELDER, G. KMETZ, B. MITCHELL, S. MANESS, J. HINKLE
6
7 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS REGARDING DISCRIMINATORY
8 PRACTICES IN EDUCATION; PROVIDING THAT IT IS AN UNLAWFUL DISCRIMINATORY PRACTICE FOR
9 AN EDUCATIONAL INSTITUTION TO ALLOW A MALE PERSON TO PARTICIPATE IN ATHLETIC
10 PROGRAMS DESIGNATED FOR FEMALE PERSONS; PROVIDING THAT IT IS AN UNLAWFUL
11 DISCRIMINATORY PRACTICE FOR AN EDUCATIONAL INSTITUTION TO FAIL TO PROVIDE A PERSON
12 WITH ACCESS TO A RESTROOM, LOCKER ROOM, SHOWER AREA, OR SLEEPING QUARTER THAT IS
13 INACCESSIBLE BY A PERSON OF THE OPPOSITE SEX WHILE IN USE; PROVIDING EXCEPTIONS; AND
14 AMENDING SECTION 49-2-307, MCA.”
15
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
17
18 Section 49-2-307, MCA, is amended to read:
19 "49-2-307. (1) It is an unlawful discriminatory practice for an
20 educational institution:
21 (a) to exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a
22 student or an individual enrolled as a student in the terms, conditions, or privileges of the institution because of
23 race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental
24 disability, unless based on reasonable grounds;
25 (b) to make or use a written or oral inquiry or form of application for admission that elicits or
26 attempts to elicit information or to make or keep a record concerning the race, color, sex, marital status, age,
27 creed, religion, physical or mental disability, or national origin of an applicant for admission, except as permitted
28 by regulations of the commission; ****
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1 (c) to print, publish, or cause to be printed or published a catalog or other notice or advertisement
2 indicating a limitation, specification, or discrimination based on the race, color, creed, religion, age, physical or
3 mental disability, sex, marital status, or national origin of an applicant for admission; or
4 (d) to announce or follow a policy of denial or limitation of educational opportunities of a group or
5 its members, through a quota or otherwise, because of race, color, sex, marital status, age, creed, religion,
6 physical or mental disability, or national origin.
7 (2) For the purposes of this section, it is not an unlawful discriminatory practice for a student to:
8 (a) call another student by the student's legal name; or
9 (b) refer to another student by the student's sex.
10 (3) It is an unlawful discriminatory practice for an educational institution that operates, sponsors, or
11 facilitates athletic programs or activities to permit a person whose sex is male to participate in an athletic
12 program or activity that is designated for females.
13 (4) It is an unlawful discriminatory practice for an educational institution to fail to provide an
14 individual access to a restroom, locker room, shower area, or sleeping quarter that is not accessible by a
15 person of the opposite sex while in use by the individual.
16 (a) This subsection (4) does not apply to a person who enters a restroom, locker room, shower
17 area, or sleeping quarter designated for the opposite sex:
18 (i) for custodial or maintenance purposes;
19 (ii) to render medical assistance; or
20 (iii) during a natural disaster, emergency, or when necessary to prevent a serious threat to order or
21 safety.
22 (b) Nothing in this subsection (4) may be construed to prohibit an educational institution from:
23 (i) adopting policies necessary to accommodate persons protected under the Americans with
24 Disabilities Act of 1990, 42 U.S.C. 12101, et seq., young children in need of assistance, or elderly persons
25 requiring aid;
26 (ii) establishing single-occupancy or family restrooms, locker rooms, shower areas, or sleeping
27 quarters; or
28 (iii) redesignating a multi-occupancy restroom, locker room, shower area, or sleeping quarter from ****
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1 a designation for exclusive use by one sex to a designation for exclusive use by the opposite sex."
2 - END -