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Student Privacy Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions related to student privacy in public schools.
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Highlighted Provisions:
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This bill:
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▸ defines "multiuser unisex restroom";
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▸ makes technical changes;
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▸ allows the inclusion of a multiuser unisex restroom to satisfy a government entity's
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obligations to certain classes of individuals; and
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▸ allows government entities to construct new multiuser unisex restrooms to preserve
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individual privacy.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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63G-31-101, as enacted by Laws of Utah 2024, Chapter 2
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63G-31-301, as enacted by Laws of Utah 2024, Chapter 2
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63G-31-303, as enacted by Laws of Utah 2024, Chapter 2
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63G-31-304, as enacted by Laws of Utah 2024, Chapter 2
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 63G-31-101 is amended to read:
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63G-31-101 . Definitions.
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As used in this chapter:
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(1)(a) "Changing room" means a space designated for multiple individuals to dress or
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undress within the same space.
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(b) "Changing room" includes:
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(i) a dressing room, fitting room, locker room, or shower room; and
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(ii) a restroom when a changing room contains or is attached to the restroom.
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(2)(a) "Facility" means a publicly owned or controlled building, structure, or other
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improvement.
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(b) "Facility" includes a subset of a publicly owned or controlled building, structure, or
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other improvement, including a restroom or locker room.
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(3) "Government entity" means:
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(a) the state; or
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(b) any county, municipality, special district, special service district, or other political
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subdivision or administrative unit of the state, including:
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(i) a state institution of higher education as defined in Section 53B-2-101; or
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(ii) a local education agency as defined in Section 53G-7-401.
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(4) "Intersex individual" means the same as that term is defined in Section 26B-8-101.
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(5) "Men's restroom" means a restroom that is designated for the exclusive use of males and
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not females.
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(6) "Multiuser unisex restroom" means a restroom that:
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(a)(i) is designated for the use of both sexes; or
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(ii) is not sex-designated; and
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(b) includes:
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(i) individual, enclosed rooms containing one toilet, floor-to-ceiling walls and doors;
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and
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(ii) a shared handwashing area that is visible from the entrance of the restroom.
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[(6)] (7)(a) "Open to the general public" means that a privacy space is:
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(i) freely accessible to a member of the general public;
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(ii) accessible to an individual who has purchased a ticket, paid an entry fee, paid a
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membership fee, or otherwise paid to access the facility containing the relevant
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privacy space; or
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(iii) accessible to a student of an institution of higher education described in Section
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52B-2-101, either freely or as described in Subsection [(6)(a)(ii)] (7)(a)(ii).
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(b) "Open to the general public" does not include a privacy space that is:
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(i) only accessible to employees of a government entity; or
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(ii) any area that is not normally accessible to the public.
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[(7)] (8) "Privacy space" means a restroom or changing room within a publicly owned or
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controlled facility, where an individual has a reasonable expectation of privacy.
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[(8)] (9) "Publicly owned or controlled" means that a government entity has at least a partial
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ownership interest in or has control of a facility, program, or event.
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[(9)] (10)(a) "Restroom" means any space that includes a toilet.
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(b) "Restroom" includes:
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(i) sex-designated men's restrooms;
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(ii) sex-designated women's restrooms;
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(iii) unisex restrooms;
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(iv) multiuser unisex restrooms; and
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[(iv)] (v) single-occupant restrooms.
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[(10)] (11) "Sex-designated" means that a facility, program, or event is designated
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specifically for males or females and not the opposite sex.
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[(11)] (12) "Single-occupant" means, in relation to a single-occupant facility or privacy
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space, that the facility or privacy space:
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(a) has floor-to-ceiling walls;
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(b) has an entirely encased and locking door; and
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(c) is designated for single occupancy.
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[(12)] (13) "Unisex" means, in relation to a unisex facility or privacy space, that the facility
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or privacy space:
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(a) is designated for the use of both sexes; or
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(b) is not sex-designated.
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[(13)] (14) "Women's restroom" means a restroom that is designated for the exclusive use of
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females and not males.
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Section 2. Section 63G-31-301 is amended to read:
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63G-31-301 . Sex-designated privacy spaces in public schools.
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(1) To preserve the individual privacy of male and female students in the public education
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system, a student may only access an operational sex-designated privacy space within a
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public school that is designated for student use if the student's sex corresponds with the
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sex designation of the privacy space.
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(2) For a student who makes a request to use a privacy space other than the sex-designated
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privacy space that corresponds with the student's sex because of the student's gender
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identity, as defined in Section 34A-5-102, or reasonable fear of bullying, the local
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education agency, as defined in Section 53E-1-102, shall coordinate with the student's
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parent or legal guardian to develop a privacy plan that provides the student with:
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(a)(i) reasonable access to a unisex or single-occupant facility;[ or]
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(ii) reasonable access to a faculty or staff restroom; or
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(iii) reasonable access to a multiuser unisex restroom for middle and high school
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students; or
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(b) if the access described in Subsection (2)(a) is unavailable, reasonable access to
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private use of an otherwise sex-designated privacy space through staggered
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scheduling or another policy provision that provides for temporary private access.
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(3) An LEA satisfies the LEA's duties regarding student use of a privacy space under this
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chapter if the LEA:
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(a) gives notice to students of the provisions of this section;
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(b) takes administrative action to address violations of and promote compliance with this
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section; and
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(c) develops a privacy plan in accordance with Subsection (2).
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(4) An individual may use the following evidence as a defense to an allegation that the
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student is not eligible to access and use a sex-designated privacy space under Subsection
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(1):
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(a) the student's unamended birth certificate that corresponds with the sex designation of
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privacy space, which may be supported with a review of any amendment history
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obtained under Section 26B-8-125; or
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(b) documentation of a medical treatment or procedure that is consistent only with the
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sex designation of the privacy space.
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(5) Subsection (1) does not apply to:
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(a) a unisex or single-occupant facility; or
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(b) an intersex individual.
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Section 3. Section 63G-31-303 is amended to read:
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63G-31-303 . Unisex or single-occupant facilities.
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The availability of a unisex facility, multiuser unisex restroom, or single-occupant
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facility satisfies a government entity's obligations regarding an individual who, because of the
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individual's gender identity, as defined in Section 34A-5-102, or reasonable fear of bullying, is
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uncomfortable using:
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(1) for a student, a privacy space in accordance with Section 63G-31-301; or
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(2) a changing room in accordance with Section 63G-31-302.
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Section 4. Section 63G-31-304 is amended to read:
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63G-31-304 . Government entity facility compliance.
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(1) Except as provided under Section 53G-8-211, a government entity shall contact law
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enforcement if the entity receives a complaint or allegation regarding the following
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within a privacy space in a facility that is open to the general public:
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(a) an offense of lewdness under Section 76-9-702;
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(b) an offense of lewdness involving a child under Section 76-9-702.5;
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(c) voyeurism under Section 76-9-702.7;
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(d) loitering in a privacy space under Section 76-9-702.8; or
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(e) for a changing room described in Section 63G-31-302, an offense of criminal
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trespass under Subsection 63G-31-302(2).
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(2) To preserve the individual privacy of males and females in privacy spaces:
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(a) a government entity shall adopt a privacy compliance plan to address compliance
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with the government entity's duties under this chapter;
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(b) for construction of a new facility, a government entity shall ensure that the new
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construction includes:
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(i) [ ]a single-occupant facility; or
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(ii) [ ] a multiuser unisex restroom; and
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(c) for existing privacy spaces, a government entity:
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(i) shall consider the feasibility of retrofitting or remodeling to include:
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(A) floor-to-ceiling walls and doors or similar privacy protections;
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(B) curtains; or
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(C) other methods of improving individual privacy within the facility that are
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comparable to the methods described in [Subsections (2)(a)(i) and (ii)] this
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Subsection (2)(c)(i); and
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(ii) may reduce the number of fixtures that state law requires by up to 20% to provide
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adequate space for the retrofitting or remodeling described in Subsection [(2)(a)]
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(2)(c)(i).
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(3) A government entity shall ensure sufficient sex-designated privacy spaces through
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compliance with Sections 15A-3-112 and 15A-3-304 regarding unisex facilities.
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Section 5. Effective Date.
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This bill takes effect on July 1, 2025.
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