Kansas Student Physical Privacy Act (HB 2737)
This law was last updated on Jun 3, 2016
HB 2737 would require every public school and postsecondary educational institution student restroom, locker room and shower room accessible by multiple students at the same time to be designated for use by male students only or female students only.
Student restrooms, locker rooms or shower rooms that are designated for one sex would be required to be used only by members of that sex.
In any other public school facility, postsecondary educational institution facility or setting not specified where a student may be in a state of undress in the presence of other students, school or institution personnel would need to provide separate, private areas designated for use by students based on their sex.
The bill defines “sex” to mean the physical condition of being male or female, which is determined by a person’s chromosomes, and is identified at birth by a person’s anatomy.
The bill would require parental written consent for students seeking access to alternative facilities. Acceptable accommodations would include single-stall bathrooms, access to unisex bathrooms, or controlled-use of faculty bathrooms, locker rooms or shower rooms.
Cause of Action
HB 2737 would allow students to sue their schools if they found someone of the wrong sex in a restroom, locker room or shower room. Students would be awarded appropriate relief in the amount of $2,500 for each instance in which they encounter someone of the wrong sex in a restroom, locker room or shower room.
Appropriate relief would also include monetary damages for “all psychological, emotional and physical harm suffered” as a result of the violation, reasonable attorney fees and costs, and any other relief deemed appropriate.
Sponsored by Committee on Federal and State Affairs.
Companion bill to SB 513.
Based on model legislation drafted by Alliance Defending Freedom.