SB 1040 - Prohibits Students from Using Restrooms that Best Align with Their Gender Identity - Arizona Key Vote

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Title: Prohibits Students from Using Restrooms that Best Align with Their Gender Identity

Vote Smart's Synopsis:

Vote to pass a bill that prohibits students from using the restroom that best aligns with their gender identity.

Highlights:

  • Requires public schools to make reasonable accommodations to any person who both (Sec. 1): 

    • Is unable or unwilling to use a multi-occupancy restroom or changing rooms designated for the person’s biological sex for any reason; 

    • Is unable or unwilling to use a multi-occupancy sleeping quarters during a public-school sponsored field trip; and 

    • Request in writing a reasonable accommodation from the school. 

  • Authorizes giving the following as reasonable accommodations (Sec. 1): 

    • Access to a single-occupancy restroom or changing facility; and

    • Use of an employee restroom or changing facility.  

  • Specifies that a reasonable accommodation does not include access to a restroom designated for the opposite biological sex, while people of the opposite biological sex are present or could be present (Sec. 1). 

  • Specifies that this act does not prohibit public schools from making accommodation for those with disabilities or young children who may need physical assistance when using the restroom or changing facilities (Sec. 1). 

  • Authorizes anybody whose written request is denied the right to sue the school, unless the school can prove that the accommodation would cause an undue hardship (Sec. 1). 

  • Authorizes anybody who encounters any body of the opposite biological sex in a public-school restroom designated for their biological sex or is required to share sleeping quarters with a person of the opposite biological-sex (excluding family members) on a school sponsored field trip the right to sue the school (Sec. 1).

  • Specifies that the school must have given the student the right to be in the opposite biological sex bathroom or sleeping quarters (Sec. 1). 

  • Specifies that any legal action must be taken within 2 years of the violation (Sec. 1).

Title: Prohibits Students from Using Restrooms that Best Align with Their Gender Identity

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