Bill Text: CA SB760 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School facilities: all-gender restrooms.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2023-09-23 - Chaptered by Secretary of State. Chapter 227, Statutes of 2023. [SB760 Detail]
Download: California-2023-SB760-Introduced.html
Bill Title: School facilities: all-gender restrooms.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2023-09-23 - Chaptered by Secretary of State. Chapter 227, Statutes of 2023. [SB760 Detail]
Download: California-2023-SB760-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 760
| Introduced by Senator Newman (Coauthors: Senators Menjivar and Wiener) (Coauthors: Assembly Members Jackson and Low) |
February 17, 2023 |
An act to amend Section 35292.5 of the Education Code, relating to school facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 760, as introduced, Newman.
School facilities: all-gender restrooms.
Existing law requires every restroom of every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, to be maintained and cleaned regularly, fully operational, and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers, and kept open during school hours when pupils are not in classes. Existing law requires that a sufficient number of restrooms be kept open during school hours when pupils are in classes.
This bill would require, on or before January 1, 2025, each school district, county office of education, and charter school, including charter schools operating in a school district facility, maintaining any combination of classes from kindergarten to grade 12, inclusive, to provide at least one all-gender restroom for pupil use at each of its schoolsites. The
bill would require the all-gender restroom to meet certain requirements, including that it (1) has appropriate signage identifying the bathroom facility as being open to all genders, (2) is unlocked, unobstructed, and easily accessible by any pupil without requesting access from teachers, faculty, or school staff, and (3) is stocked with menstrual products, as specified. The bill would require the local educational agency to designate a staff member to serve as a point of contact for these purposes and to post a notice regarding these requirements in a prominent and conspicuous location outside at least one all-gender restroom. The bill would require these requirements to be subject to compliance review, as specified. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program. The bill would authorize a local educational agency to use an existing restroom to satisfy these requirements, as provided.
The
California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 35292.5 of the Education Code is amended to read:35292.5.
(a) Every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, shall comply with all of the following:(1) Every restroom shall at all times be maintained and cleaned regularly, fully operational and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers.
(2) The school shall keep all restrooms open during school hours when pupils are not in classes, and shall keep a sufficient number of restrooms open during school hours when pupils are in classes.
(b) (1) On or before January 1, 2025, each school district, county office of education, and charter school, including charter schools operating in a school district facility pursuant to Section 47614, maintaining any combination of classes from kindergarten to grade 12, inclusive, shall comply with the following for each of its schoolsites:
(A) Provide at least one all-gender restroom for pupil use that meets the following requirements:
(i) Has appropriate signage identifying the bathroom facility as being open to all genders in conformity with Section 118600 of the Health and Safety Code. The signage may be provided by the Division of the State Architect.
(ii) Is available for pupil use, consistent with the requirements of subdivision (a), as unlocked, unobstructed, and easily accessible by any pupil
without requesting access from teachers, faculty, or school staff.
(iii) Is stocked with menstrual products pursuant to Section 35292.6.
(B) Designate a staff member to serve as a point of contact for implementation of this section.
(C) Post a notice regarding the requirements of this paragraph in a prominent and conspicuous location outside at least one all-gender restroom, including contact information for the person designated as a point of contact pursuant to subparagraph (B).
(2) A school district, county office of education, or charter school may use an existing restroom to satisfy the requirements of this subdivision if it otherwise complies with the requirements in paragraph (1).
(3) This subdivision shall be subject to compliance review pursuant to Section 253.
(b)
(c) Notwithstanding subdivision (a), subdivisions (a) and (b), a school may temporarily close a restroom as necessary for pupil safety or as necessary to repair the facility.
