Kansas Student Privacy and Protection Act (HB 2171)
This law was last updated on Sep 11, 2018
HB 2171 would require every public school 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.
The bill would allow any person to file a complaint with the office of the attorney general if a school was violating this provision. First, the person would need to provide written notice to the school describing the violation. If the school does not cure the violation within three business days, the person may go ahead and file the complaint with the office of the attorney general. The attorney general would then be required to investigate and may file an action in court.
Based on model legislation drafted by Alliance Defending Freedom.
Sponsored by Committee on Federal and State Affairs.