Kentucky Student Privacy Act (HB 141)
This law was last updated on Apr 28, 2017
HB 141 would require every school restroom, locker room, and shower room designated for student use accessible by multiple students at the same time to be designated for and used by male students only or female students only.
In every school setting in which a student may be in a state of undress in the presence of other students, school personnel would need to provide separate, private areas designated for use by students based on their biological sex.
The bill defines “biological 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.
If a student who asserts to school officials that his or her gender is different from his or her biological sex, they would need parental consent to access the best available alternative accommodation. Acceptable accommodations may include but not be limited to access to single-stall restrooms, access to unisex bathrooms, or controlled use of faculty bathrooms, locker rooms, or shower rooms.
Cause of Action
HB 141 would allow a student to sue their school if they find someone of the wrong sex in the restroom, locker room, or shower room. The student would be entitled to recover from the offending school any costs, expenses, and fees, including attorney’s fees, associated with the claim.
Similar to HB 364, which failed to pass in 2016.
Based on model legislation drafted by Alliance Defending Freedom.
This bill is marked as an “emergency” item and would take effect immediately if passed and signed by the Governor.