Signed by Governor Bill Lee

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes students, faculty and staff to refuse to share bathrooms and locker rooms with transgender persons.

Highlights:

• Defines "reasonable accommodation" as access to a single-occupancy restroom or changing facility, or use of an employee restroom or changing facility. A reasonable accommodation does not include access to a restroom or changing facility that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present (Sec. 3-2).

• Requires a public school to provide a reasonable accommodation to a person who (Sec. 4.a):

• For any reason, is unwilling or unable to use a multi-occupancy restroom or changing facility designated for the person's sex and located within a public school building, or multi-occupancy sleeping quarters while attending a public school-sponsored activity; and

• Provides a written request for a reasonable accommodation to the public school.

• Establishes a person whose written request for reasonable accommodation is denied by the public school has a private right of action against the public school unless the public school can demonstrate that accommodation causes undue hardship (Sec. 5.a).

• Establishes a person has a private right of action when the person has given written notice per Section 4, but the person (Sec. 5.b):

• Later encounters a person of the opposite sex in a multi-occupancy restroom or changing facility designated for the person's sex and located in a public school building; or

• Is required by the public school to share sleeping quarters with the opposite sex, unless the persons are members of the same family;

• A person claiming a right of action according to this section may bring suit in the chancery court in the county where the claim arose;

• A civil action brought according to this section must be initiated within two years of the date on which the claim arose;

• A person aggrieved under this section who prevails in court may recover monetary damages for all psychological, emotional, and physical harm suffered;

• A person who prevails on a claim brought according to this section is entitled to recover reasonable attorney fees and costs; and

• This section does not limit other remedies at law or equity available to the aggrieved person against the public school.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes students, faculty and staff to refuse to share bathrooms and locker rooms with transgender persons.

Highlights:

• Defines "reasonable accommodation" as access to a single-occupancy restroom or changing facility, or use of an employee restroom or changing facility. A reasonable accommodation does not include access to a restroom or changing facility that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present (Sec. 3-2).

• Requires a public school to provide a reasonable accommodation to a person who (Sec. 4.a):

• For any reason, is unwilling or unable to use a multi-occupancy restroom or changing facility designated for the person's sex and located within a public school building, or multi-occupancy sleeping quarters while attending a public school-sponsored activity; and

• Provides a written request for a reasonable accommodation to the public school.

• Establishes a person whose written request for reasonable accommodation is denied by the public school has a private right of action against the public school unless the public school can demonstrate that accommodation causes undue hardship (Sec. 5.a).

• Establishes a person has a private right of action when the person has given written notice per Section 4, but the person (Sec. 5.b):

• Later encounters a person of the opposite sex in a multi-occupancy restroom or changing facility designated for the person's sex and located in a public school building; or

• Is required by the public school to share sleeping quarters with the opposite sex, unless the persons are members of the same family;

• A person claiming a right of action according to this section may bring suit in the chancery court in the county where the claim arose;

• A civil action brought according to this section must be initiated within two years of the date on which the claim arose;

• A person aggrieved under this section who prevails in court may recover monetary damages for all psychological, emotional, and physical harm suffered;

• A person who prevails on a claim brought according to this section is entitled to recover reasonable attorney fees and costs; and

• This section does not limit other remedies at law or equity available to the aggrieved person against the public school.

Full Bill Text