An Act
ENROLLED SENATE
BILL NO. 26 By: Pemberton and Bullard 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; adding definitions; providing exception for
certain athletic activities ; providing remedies for
certain noncompliance ; providing an effective date;
and declaring an emergency .
SUBJECT: Restroom or changing area use
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 condition 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;
ENR. S. B. NO. 26 Page 2
3. "Coach" means a person employed by a public school district
or public charter school who is involved in the te aching or training
of students participating in a school -sponsored athletic activity;
and
4. "School-sponsored athletic activity" means a sporting event
that is supported and affiliated with the school such as games,
matches, and tournaments.
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 require 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. If a suitable meeting room or area is not available, a coach
may enter a locker room before , during, or after a school-sponsored
athletic activity, provided:
a. all students present are fully clothed,
b. the coach shall be accompani ed by at least one
additional adult at all times, and
ENR. S. B. NO. 26 Page 3
c. if the coach is the opposite sex of the stu dents
present, the coach shall be accompanied by at least
one adult of the same sex as the stude nts present.
The adult shall not be a current high school s tudent.
E. 1. Each school district board of education and public
charter school governing board shall adopt a policy to provide
disciplinary action fo r individuals who refuse to comply with the
provisions of this section.
2. No school district board of education or charter school
governing board shall adopt a policy contrary to t he provisions of
this section.
F. Upon a finding of noncompliance with the provisions of
subsections B, and C, and D of this section by the State Board of
Education, 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 guardian 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, and D of this section.
H. The State Board of Education shall promulgate rules to
implement the provisions of this section.
SECTION 2. This act shall becom e effective July 1, 2023.
SECTION 3. It being immediately necessary for the preserv ation
of the public peace, health , or safety, an emergency is hereby
declared to exist, by rea son whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 26 Page 4
Passed the Senate the 18th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 27th day of April, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'cl ock _______ M.
By: _______________________________ __