Iowa-2023-HF622-Introduced

H.F. 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. 35 -1- LSB 2426HV (1) 90 cm/jh 1/ 4

H.F. 622 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. 35 -2- LSB 2426HV (1) 90 cm/jh 2/ 4

H.F. 622 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 35 -3- LSB 2426HV (1) 90 cm/jh 3/ 4

H.F. 622 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. 27 -4- LSB 2426HV (1) 90 cm/jh 4/ 4