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SENATE FLOOR VERSION
February 28, 2023
SENATE BILL NO. 26 By: Pemberton of the Senate
and
Hays of the House
An Act relating to schools; amending Section 1,
Chapter 323, O.S.L. 2022 (70 O.S. Sup p. 2022, Section
1-125), which relates to restroom or changing area
use; providing certain exception; providing an
effective date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 323, O. S.L.
2022 (70 O.S. Supp. 2022, Section 1 -125), is amended to read as
follows:
Section 1-125. A. As used in this section:
1. “Sex” means the physical conditi on of being male or female
based on genetics an d physiology, as identified on the individual ’s
original birth certificate; and
2. “Multiple occupancy restroom or changing a rea” means an area
in a public school or public charter sch ool building designed or
designated to be used by more than one individual at a time, where
individuals may be in various stages of undress in the presence of
other individuals. The term may inclu de but is not limited to a
school restroom, locker room, ch anging room, or shower room.
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B. To ensure privacy and safety, each public school and public
charter school that serves students in prekindergarten through
twelfth grades in this state shall requir e every multiple occupancy
restroom or changing area desig nated as follows:
1. For the exclusive use of the male sex; or
2. For the exclusive use of the female sex.
C. Each public school or public charter school in this state
shall provide a reasonable accommodation to any individual who does
not wish to comply with the provisions of subsection B of this
section. A reasonable accommodati on shall be access to a single-
occupancy restroom or changing room.
D. The provisions of this section shall not apply to
individuals entering a multiple occupancy restroom or changing area
designated for use by the opposite sex when entering in any of the
following circumstance circumstances:
1. For custodial, maintenance, or inspection purposes; or
2. To render emergency medical assistance; or
3. When a coach enters a locker room before , during, or after
an athletic activity and all students present ar e fully clothed.
E. 1. Each school district board of education and public
charter school governing board shall adopt a policy to provide
disciplinary action for individuals who refuse to comply with the
provisions of this section.
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2. No school district board of education or charter school
governing board shall adopt a policy contrary to the provisions of
this section.
F. Upon a finding of noncompliance with the provisions of
subsections B and C of this section by the State Board of Educ ation,
the noncompliant school district or public charter school shall
receive a five percent (5%) decr ease in state funding for t he school
district or public charter school for the fiscal year following the
year of noncompliance .
G. A parent or legal gua rdian of a student enrolled in and
physically attending a public school district or public charter
school shall have a cause of ac tion against the public school
district or public charter school for noncompliance with the
provisions of subsections B and C of this section.
H. The State Board of Education shall promulgate rules to
implement the provisions of this section.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health , or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
February 28, 2023 - DO PASS