HF 426

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/17/2023 11:39am

A bill for an act
relating to education; providing for student physical privacy; proposing coding
for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.35] STUDENT PHYSICAL PRIVACY.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is to protect and provide for the
privacy and safety of all students enrolled in public schools and to maintain order and dignity
in restrooms, locker rooms, changing rooms, showers, and other facilities where students
may be in various states of undress in the presence of other students.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Sex" means the physical condition of being male or female, as determined by a
person's chromosomes and identified by a person's anatomy.
new text end

new text begin (c) "Public school" means a public school under section 120A.05, subdivisions 9, 11,
13, and 17, and a charter school under chapter 124E.
new text end

new text begin Subd. 3. new text end

new text begin Student physical privacy protection. new text end

new text begin (a) A public school student restroom,
locker room, changing room, or shower accessible by multiple students at the same time
shall be designated for the exclusive use by students based on their sex.
new text end

new text begin (b) A public school student restroom, locker room, changing room, or shower that is
designated for the exclusive use of one sex shall be used only by members of that sex.
new text end

new text begin (c) In any other public school facility or setting where a student may be in a state of
undress in the presence of other students, school personnel shall provide separate, private,
and safe areas designated for use by students based on their sex.
new text end

new text begin (d) Nothing in this section shall prohibit public schools from providing accommodation
such as single-occupancy facilities or controlled use of faculty facilities upon a student
request due to special circumstances. Under no circumstances may a public school student
restroom, locker room, changing room, shower, or other facility designated for exclusive
use based on sex be used by a person of another sex.
new text end