Oklahoma Privacy Accommodation Act (SB 1223)
This law was last updated on Sep 6, 2018
SB 1223 would prohibit transgender students from using the restroom or changing facility that corresponds with their gender identity.
The bill would require local school boards to provide a reasonable accommodation to any student unwilling or unable to use a multi-occupancy restroom or changing facility designated for the student’s sex and located within a public school building or multi-occupancy quarters while attending a public school-sponsored activity. The student would be required to submit a request for a reasonable accommodation to the public school district.
Reasonable accommodation may include, but is not limited to:
- Access to a single-occupancy restroom or changing facility; or
- Use of a school employee restroom or changing facility.
Reasonable accommodation would not include access to a restroom or changing facility that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present.
The bill would require distinctly private facilities within a public school building and multi-occupancy sleeping quarters used by students while participating in school-sponsored activities to be clearly designated by sex and used only by persons of the designated sex.
The bill defines “sex” to mean:
“[…]a person’s immutable biological sex as determined by anatomy and genetics existing at the time of birth. Evidence of a person’s biological sex includes but is not limited to any government-issued identification document that accurately reflects a person’s sex listed on the person’s original birth certificate.”
Cause of Action
The bill would allow a student who is denied reasonable accommodation to sue the public school district unless the school district can demonstrate that the accommodation would cause an undue hardship.
The bill would allow a student to sue their school if they find someone of the opposite sex in the restroom or changing facility, or if they are required to share sleeping quarters with a member of the opposite sex.
Based on model legislation drafted by Alliance Defending Freedom.
Similar to HB 3049, which failed to pass in 2016.