Bill Text: IA HF622 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act permitting public schools to designate and allow the use of restrooms and changing facilities only by persons of the same biological sex, and providing a private cause of action.(Formerly HSB 208.)
Spectrum: Committee Bill
Status: (Introduced) 2023-03-16 - Withdrawn. H.J. 673. [HF622 Detail]
Download: Iowa-2023-HF622-Introduced.html
House
File
622
-
Introduced
HOUSE
FILE
622
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
208)
A
BILL
FOR
An
Act
permitting
public
schools
to
designate
and
allow
the
1
use
of
restrooms
and
changing
facilities
only
by
persons
of
2
the
same
biological
sex,
and
providing
a
private
cause
of
3
action.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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622
Section
1.
Section
216.9,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
It
shall
not
be
an
unfair
or
3
discriminatory
practice
for
a
public
school
to
require
4
restrooms
or
changing
facilities
to
be
designated
only
for
and
5
used
by
persons
of
the
same
sex
as
provided
in
chapter
280B.
6
It
also
shall
not
be
an
unfair
or
discriminatory
practice
for
7
a
public
school
to
prohibit
a
person
from
using
a
restroom
or
8
changing
facility
that
does
not
correspond
with
the
person’s
9
sex.
For
purposes
of
this
subsection,
“public
school”
means
the
10
same
as
defined
in
section
280B.2.
11
Sec.
2.
NEW
SECTION
.
280B.1
Short
title.
12
This
chapter
may
be
cited
as
the
“Iowa
Accommodations
for
All
13
Children
Act”
.
14
Sec.
3.
NEW
SECTION
.
280B.2
Definitions.
15
For
purposes
of
this
chapter:
16
1.
“Changing
facility”
means
a
facility
in
which
a
person
17
may
be
in
a
state
of
undress
in
the
presence
of
others,
18
including
a
locker
room,
changing
room,
or
shower
room.
19
2.
“Public
school”
means
a
school
as
described
in
chapter
20
256E,
256F,
or
274.
“Public
school”
does
not
include
any
21
accredited
or
nonaccredited
nonpublic
schools,
including
22
private
schools,
religious
schools,
and
home-educating
23
families.
24
3.
“Restroom”
means
a
facility
that
includes
one
or
more
25
toilets
or
urinals.
26
4.
“Sex”
means
the
same
as
defined
in
section
261I.1.
27
Sec.
4.
NEW
SECTION
.
280B.3
Privacy
accommodations.
28
1.
A
public
school
shall
provide
a
reasonable
accommodation
29
to
any
person
who
both:
30
a.
For
any
reason,
is
unwilling
or
unable
to
use
a
31
multi-occupancy
restroom
or
changing
facility
that
is
32
designated
for
the
person’s
sex
and
located
within
a
public
33
school
building,
or
multi-occupancy
sleeping
quarters
while
34
attending
a
public
school
sponsored
activity.
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b.
Requests
a
reasonable
accommodation
to
the
public
school.
1
2.
Reasonable
accommodations
may
include
access
to
a
2
single-occupancy
restroom
or
changing
facility,
or
use
of
3
an
employee
restroom
or
changing
facility.
In
granting
a
4
reasonable
accommodation
or
otherwise,
a
public
school
shall
5
not
provide
access
to
a
restroom
or
changing
facility
that
is
6
designated
for
use
by
members
of
the
opposite
sex
while
persons
7
of
the
opposite
sex
are
present
or
could
be
present.
8
3.
This
section
shall
not
be
construed
to
prohibit
public
9
schools
from
adopting
policies
necessary
to
accommodate
persons
10
protected
under
the
federal
Americans
with
Disabilities
Act
11
or
young
children
in
need
of
physical
assistance
when
using
12
restrooms
or
changing
facilities
located
in
public
schools.
13
4.
This
section
shall
not
be
construed
to
prohibit
14
public
schools
from
authorizing
a
person
to
enter
a
facility
15
designated
for
the
opposite
sex
for
the
following
purposes:
16
a.
Custodial
or
maintenance
purposes,
when
the
facility
is
17
not
occupied
by
a
member
of
the
opposite
sex.
18
b.
To
render
emergency
medical
assistance.
19
c.
During
a
natural
disaster,
emergency,
or
when
necessary
20
to
prevent
serious
threat
to
good
order
or
student
safety.
21
Sec.
5.
NEW
SECTION
.
280B.4
Private
cause
of
action
——
22
damages.
23
1.
A
person
whose
written
request
for
a
reasonable
24
accommodation
is
denied
by
the
public
school
shall
have
a
25
private
cause
of
action
against
the
public
school
unless
the
26
public
school
can
demonstrate
that
the
accommodation
would
27
cause
undue
hardship.
28
2.
A
person
has
a
private
cause
of
action
against
a
public
29
school
if
the
public
school
gave
a
member
of
the
opposite
sex
30
permission
to
use
the
restroom,
changing
facility,
or
sleeping
31
quarters
and
the
person
either:
32
a.
Encounters
a
member
of
the
opposite
sex
in
the
33
multi-occupancy
restroom
or
changing
facility
designated
for
34
the
person’s
sex
and
located
in
a
public
school
building.
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b.
Is
required
by
the
public
school
to
share
sleeping
1
quarters
with
a
member
of
the
opposite
sex,
unless
such
persons
2
are
members
of
the
same
family
including
spouse,
parent
or
3
guardian,
child,
sibling,
or
grandparent.
4
3.
Any
claims
arising
pursuant
to
this
section
shall
5
be
brought
in
the
state
or
federal
trial
court
in
whose
6
jurisdiction
either
the
person
resides
or
the
public
school
is
7
located
at
the
time
of
filing.
8
4.
All
civil
actions
brought
pursuant
to
this
section
must
9
be
brought
within
two
years
after
the
violation
occurred.
10
5.
Persons
aggrieved
under
this
section
who
prevail
in
court
11
may
recover
monetary
damages
for
all
psychological,
emotional,
12
and
physical
harm
suffered.
13
6.
This
section
shall
not
limit
other
remedies
at
law
or
14
equity
available
to
the
aggrieved
person
against
the
public
15
school.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
permits
public
schools
to
designate
and
allow
the
20
use
of
restrooms
and
changing
facilities
only
by
persons
of
the
21
same
sex.
The
bill
defines
changing
facility,
public
school,
22
sex,
and
restroom.
Sex
means
a
person’s
biological
sex
as
23
either
female
or
male.
The
sex
listed
on
a
student’s
official
24
birth
certificate
or
certificate
issued
upon
adoption
may
be
25
relied
upon
if
the
certificate
was
issued
at
or
near
the
time
26
of
the
student’s
birth.
Changing
facility
means
a
facility,
27
including
but
not
limited
to
a
locker
room,
changing
room,
or
28
shower
room,
designed
or
designated
to
be
used
by
more
than
one
29
person
at
a
time
where
a
person
may
be
in
varying
stages
of
30
undress
in
the
presence
of
other
persons.
31
The
bill
provides
that
accommodations
may
be
made
due
to
32
special
circumstances
at
a
person’s
request.
Accommodations
33
include
allowing
a
person
to
use
a
single-occupancy
restroom
or
34
changing
facility.
An
accommodation
shall
not
include
allowing
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a
person
to
use
a
multiple-occupancy
restroom
or
changing
1
facility
that
does
not
correspond
with
the
person’s
sex.
The
2
bill
states
that
the
policies
that
result
from
the
bill
do
not
3
constitute
unfair
or
discriminatory
practices
in
violation
of
4
the
Iowa
civil
rights
Act,
Code
chapter
216.
5
The
bill
provides
that
a
person
may
enter
a
bathroom
or
6
changing
facility
inconsistent
with
the
person’s
biological
sex
7
under
any
of
the
following
circumstances:
for
custodial
or
8
maintenance
purposes;
to
render
medical
assistance;
in
a
public
9
school,
to
accompany
a
young
child
needing
assistance;
or
if
10
necessary
during
a
natural
disaster.
11
The
bill
provides
for
private
cause
of
action
if
a
12
public
school
violates
new
Code
chapter
280B.
Any
person
13
has
private
cause
of
action
if
the
school
denies
the
person
14
an
accommodation
without
proving
undue
hardship.
The
bill
15
also
allows
any
person
a
private
cause
of
action
if
the
16
person
encounters
a
member
of
the
opposite
sex
in
a
restroom
17
or
changing
facility
designated
for
the
person’s
sex
or
is
18
required
by
the
public
school
to
share
sleeping
quarters
with
a
19
member
of
the
opposite
sex
who
is
not
a
member
of
the
person’s
20
family
and
the
school
gave
permission
to
the
member
of
the
21
opposite
sex
to
use
the
restroom
or
changing
facility.
The
22
bill
establishes
jurisdiction
and
that
a
claim
shall
be
brought
23
within
two
years
of
the
violation.
A
person
is
able
to
recover
24
monetary
damages
for
the
harm
suffered
and
any
other
remedies
25
available
by
law
or
equity
available
to
the
person
against
the
26
school.
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