Lawmakers propose all Ga. public school restrooms have ‘exclusive’ male, female designations
A group of Georgia lawmakers filed a bill in the General Assembly that would require restrooms at public elementary and secondary schools to specifically be “designated for exclusive use by males or females.”
According to the text of House Bill 936, this new designation would apply to any multiple occupancy restroom or changing area, including restrooms, locker rooms, shower rooms and changing rooms.
Additionally, the bill states sex would be defined in this setting as “the physical condition of being male or female based on genetics and physiology, provided, however, that a public school or local school system may rely upon student’s sex as identified on his or her original birth certificate.”
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The language of HB 936 requires restrooms and related rooms be designated “for the exclusive use by individuals whose sex is male” or the “exclusive use by individuals whose sex is female” to “ensure privacy and safety of students.”
The bill says public schools must also provide a reasonable accommodation for individuals who are unwilling or unable to use a multiple occupancy restroom or changing area designated by someone’s individual sex.
The accommodation may include access to single-occupancy restrooms or changing areas, but will not “include allowing such individual to access a restroom or changing area that is designated for use by members of the opposite sex while members of the opposite sex of the individual are present or may be present in the restroom or changing area.”
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The split by specifically designated and defined biological sex will also be used when separating students during school-sponsored or supervised overnight trips as applied to sleeping quarters, though there is an exception for circumstance if the public school students in question are members of immediate family and of opposite biological sexes.
As written, HB 936 also provides for the Professional Standards Commission, the state agency that oversees teacher certifications, to investigate complaints that allege a school or staff member did not comply with the separation requirements specified by the proposed legislation.
Should a finding of noncompliance with the proposed bill happen, local school superintendents, principals, teachers or supervisors could be subject to a $1,000 fine as well as potential sanctions by the GaPSC.
Parents may file complaints due to noncompliance if a student “encounters a member of the opposite sex in a multiple occupancy restroom or changing area that is designated for individuals whose sex is the same as such student’s sex.” This would apply to instances where a principal, teacher or staff member provides permission to a member of the opposite sex to enter the designated areas or to share sleeping quarters with someone who is not a family member.
The bill does provide an exception to these separation rules in the event of authorized custodial, maintenance or inspection needs, to render emergency medical assistance, or to address ongoing emergencies including physical altercations.
If HB 936 passes in the legislature, the State Board of Education and the GaPSC would have to create rules and regulations to implement the bill’s provisions.
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