Restrooms in publicly funded schools-2. | 25LSO-0302, 1.0 |
FISCAL NOTE
No significant fiscal or personnel impact.
Prepared by: Matthew Willmarth, LSO Phone: 777-7881
(Information provided by Trent Carroll, Department of Education, 777-7720)
SF0062
ORIGINAL Senate ENGROSSED
File No. SF0062
ENROLLED ACT NO. 53, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 General Session
AN ACT relating to school districts; requiring public school children to use restrooms, sex‑designated changing facilities and sleeping quarters that align with their sex at birth; requiring reasonable accommodations; providing exceptions; providing penalties; providing definitions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 21‑3‑137 is created to read:
21‑3‑137. Restrooms and changing rooms in public schools; designated sleeping quarters for school‑sponsored activities; requirements; definitions; penalties; rulemaking.
(a) As used in this section:
(i) \"Coach\" means a person, including but not limited to coaches, assistant coaches or athletic trainers, employed by or contracted with a public school who is involved in the teaching, coaching or training of students participating in a school‑sponsored activity;
(ii) \"Female\" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes eggs for fertilization;
(iii) \"Male\" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm for fertilization;
(iv) \"Restroom\" or \"changing room\" means a room in a public school building designed or designated to be used by one (1) or more persons, where persons may be in various stages of undress in the presence of other persons. The term includes but is not limited to a school restroom, locker room, changing room or shower room;
(v) \"School‑sponsored activity\" means an event that is supported and affiliated with the school;
(vi) \"Sex\" means a person's biological sex, either male or female;
(vii) \"Sleeping quarters\" means an area with at least one (1) bed or cot in which at least one (1) person is housed overnight on or off public school property when attending a school‑sponsored activity.
(b) To ensure privacy and safety, each public school district that serves students in pre‑kindergarten through twelfth grade in this state shall require every multiple occupancy restroom, changing room or sleeping quarters to be designated as follows:
(i) For the exclusive use of the male sex; or
(ii) For the exclusive use of the female sex.
(c) Each public school district shall provide a reasonable accommodation to any person who does not wish to use a multiple occupancy restroom, changing room or sleeping quarters in accordance with the designation required under subsection (b) of this section. For purposes of this subsection, a reasonable accommodation shall include a single‑occupancy restroom, changing room or sleeping quarters. A reasonable accommodation granted under this subsection shall not include access to a restroom, changing area or sleeping quarters that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present.
(d) This section shall not apply to persons entering a multiple occupancy restroom, changing room or sleeping quarters designated for use by the opposite sex when entering for at least one (1) of the following reasons:
(i) For custodial, maintenance, repair or inspection purposes;
(ii) To render emergency medical assistance;
(iii) If a suitable meeting room or area is not available, a coach may enter a locker room before, during or after a school‑sponsored activity, provided:
(A) All students present are fully clothed;
(B) The coach shall be accompanied by not less than one (1) additional adult at all times;
(C) If the coach is the opposite sex of the students present, the coach shall be accompanied by at least one (1) adult of the same sex as the students present; and
(D) The adults present shall not be current high school students.
(iv) For an adult to render assistance to any student or person requiring assistance because of disability or age;
(v) If a suitable meeting room or area is not available and the coach is the coach of a school‑sponsored activity with members of both the male and female sexes on the team or in the activity, the coach may enter a locker room before, during or after the school‑sponsored activity if all students are fully clothed. The coach shall be accompanied by not less than one (1) additional adult at all times but an additional adult shall not be required if members of the activity of both sexes are present in the locker room. The adults present shall not be current high school students;
(vi) To render caregiving assistance;
(vii) To receive assistance if the person is accompanied by a family member, legal guardian or the person's designee who is a member of the designated sex for the single‑sex restroom, changing area or sleeping quarters;
(viii) When necessary to prevent a serious threat to public health or student safety during an ongoing natural disaster or emergency;
(ix) When a school official or employee enters a restroom, changing area or sleeping quarters while in the performance of the official's or employee's official duties and who takes reasonable steps to ensure that no person in the room is in a state of undress;
(x) When a restroom, changing area or sleeping quarters has been temporarily designated for use by the opposite sex.
(e) Each school district board of trustees shall adopt policies to provide for disciplinary action for persons who refuse to comply with this section.
(f) No school district board of trustees shall adopt a policy contrary to the provisions of this section.
(g) A parent or legal guardian of a student enrolled in and physically attending a public school district shall have a cause of action, including for declaratory and injunctive relief, against the public school for noncompliance with the provisions of subsection (b), (c) or (d) of this section.
Section 2. W.S. 21‑3‑110(a) by creating a new paragraph (xliv) is amended to read:
21‑3‑110. Duties of boards of trustees.
(a) The board of trustees in each school district shall:
(xliv) Ensure that each school district in the state requires every multiple occupancy restroom, changing room or sleeping quarters be designated for the exclusive use of the male sex or the exclusive use of the female sex.
Section 3. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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Speaker of the House |
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| President of the Senate |
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| Governor |
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| TIME APPROVED: _________ |
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| DATE APPROVED: _________ |
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I hereby certify that this act originated in the Senate.
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Chief Clerk |
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SF0062 | Sex-designated facilities and public schools. |
Sponsored By: Senator(s) Laursen, D, Boner, Brennan, French, Ide, Olsen, Salazar and Smith, D and Representative(s) Banks, Bear, Heiner, Hoeft, Knapp, Ottman, Pendergraft, Rodriguez-Williams, Webber, Wharff and Winter
AN ACT relating to school districts; requiring public school children to use restrooms, sex‑designated changing facilities and sleeping quarters that align with their sex at birth; requiring reasonable accommodations; providing exceptions; providing penalties; providing definitions; and providing for an effective date.
12/26/2024 Bill Number Assigned
1/2/2025 S Received for Introduction
1/16/2025 S Introduced and Referred to S04 - Education
1/24/2025 S04 - Education:Recommend Amend and Do Pass 4-1-0-0-0
ROLL CALL
Ayes: Senator(s) Brennan, Olsen, Schuler, Scott
Nays: Senator Rothfuss
Ayes 4 Nays 1 Excused 0 Absent 0 Conflicts 0
1/24/2025 S Placed on General File
SF0062SS001/ADOPTED
Page 4-line 4 Delete \"or\".
Page 4-line 17 Delete \"employed by the school district and\".
Page 4-after line 22 Insert:
\"(iv) For an adult to render assistance to any student or person requiring assistance because of disability or age.\".
Page 5-lines 8 through 12 Delete entirely.
Page 5-line 14 Delete \"(h)\" and insert \"(g)\".
Page 5-line 20 Delete \"21-2-304(b)(ii) and\".
Page 5-line 21 Delete \"are\" and insert \"is\".
Page 5-line 23 Delete entirely.
Page 6-line 2 through 17 Delete entirely.
Page 7-line 4 Delete \"School\".
Page 7-lines 5 through 7 Delete entirely. Schuler, Chairman
SF0062SW001/ADOPTED
Page 4-line 12 Delete \"shall\" and insert \"may\". Schuler
1/27/2025 S COW:Passed
SF0062S2001/ADOPTED
Page 3-line 21 Delete \"in any\" and insert \"for at least one (1)\".
Page 3-line 22 Delete \"circumstances\" and insert \"reasons\". Olsen
1/28/2025 S 2nd Reading:Passed
SF0062S3001/ADOPTED
Page 4-after line 22 In the Senate standing committee amendment (SF0062SS001/A) to this line, after paragraph (iv) as created by that amendment, insert and renumber as necessary:
\"(v) If a suitable meeting room or area is not available and the coach is the coach of a school-sponsored athletic activity with members of both the male and female sexes on the team or in the activity, the coach may enter a locker room before, during or after the school-sponsored athletic activity if all students are fully clothed. If available, the coach shall be accompanied by not less than one additional adult at all times but an additional adult shall not be required if members of the activity of both sexes are present in the locker room. The adults present shall not be current high school students.\". Schuler
1/29/2025 S 3rd Reading:Passed 27-3-1-0-0
ROLL CALL
Ayes: Senator(s) Anderson, Barlow, Biteman, Boner, Brennan, Cooper, Crago, Crum, Dockstader, Driskill, French, Hicks, Hutchings, Ide, Jones, Kolb, Landen, Laursen, Mckeown, Nethercott, Olsen, Pappas, Pearson, Salazar, Schuler, Scott, Steinmetz
Nays: Senator(s) Case, Gierau, Rothfuss
Excused: Senator Smith
Ayes 27 Nays 3 Excused 1 Absent 0 Conflicts 0
1/30/2025 H Received for Introduction
2/10/2025 H Introduced and Referred to H10 - Labor
2/12/2025 H10 - Labor:Recommend Amend and Do Pass 6-1-2-0-0
ROLL CALL
Ayes: Representative(s) Clouston, Guggenmos, Hoeft, Mccann, Ottman, Rodriguez-Williams
Nays: Representative Yin
Excused: Representative(s) Styvar, Wasserburger
Ayes 6 Nays 1 Excused 2 Absent 0 Conflicts 0
2/12/2025 H Placed on General File
SF0062HS001/ADOPTED (TO ENGROSSED COPY)
Page 4-line 12 Delete \"may\" and insert \"shall\".
Page 5-line 10 After \"clothed.\" delete \"If\".
Page 5-line 11 Delete \"available,\". Rodriguez-Williams, Chairman
SF0062HW001/WITHDRAWN
2/14/2025 H COW:Passed
2/18/2025 H 2nd Reading:Laid Back
2/19/2025 H 2nd Reading:Postponed until 2/24/25
SF0062H2001/WITHDRAWN
SF0062H2002/ADOPTED (TO ENGROSSED COPY)
Page 2-after line 7 Insert and renumber as necessary:
\"(ii) \"Female\" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes eggs for fertilization;
(iii) \"Male\" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm for fertilization;\".
Page 2-line 9 Delete \"(ii)\" and insert \"(iv)\".
Page 2-line 17 Delete \"(iii)\" and insert \"(v)\".
Page 2-line 21 Delete \"(iv)\" and insert \"(vi)\"; delete \"as defined by W.S.\".
Page 2-line 22 Delete \"21-25-101(a)(iv)\" and insert \"a person's biological sex, either male or female\". Lawley
2/24/2025 H 2nd Reading:Passed
2/25/2025 H 3rd Reading:Laid Back
SF0062H3001/ADOPTED (TO ENGROSSED COPY)
Page 1-above line 1 In the catch title, delete entirely and insert \"Sex-designated facilities and public schools.\".
Page 1-line 2 After \"restrooms\" and insert \", sex-designated changing facilities and sleeping quarters\".
Page 1-line 11 After \"Restrooms\" insert \"and changing rooms\"; after \"schools;\" insert \"designated sleeping quarters for school-sponsored activities;\".
Page 2-line 7 Delete \"athletic\".
Page 2-line 9 Delete \"\"Multiple occupancy restroom or changing\" and insert \"\"Restroom\" or \"changing\".
Page 2-line 11 Delete \"more than\"; after \"(1)\" delete \"person at the\".
Page 2-line 12 Delete \"same time\" and insert \"or more persons\".
Page 2-line 17 Delete \"athletic\".
Page 2-line 18 Delete \"a sporting\" and insert \"an\"
Page 2-after line 22 Insert and renumber as necessary:
\"(vii) \"Sleeping quarters\" means an area with at least one (1) bed or cot in which at least one (1) person is housed overnight on or off public school property when attending a school-sponsored activity.\".
Page 3-line 4 After \"restroom\" delete \"or\" and insert \",\"; after \"changing room\" insert \"or sleeping quarters\".
Page 3-line 13 Delete \"or\" and insert \",\"; after \"changing room\" insert \"or sleeping quarters\".
Page 3-line 17 Delete \"or\" and insert \",\"; after \"changing room\" insert \"or sleeping quarters. A reasonable accommodation granted under this subsection shall not include access to a restroom, changing area or sleeping quarters that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present\".
Page 3-line 20 Delete \"or\" and insert \",\"; after \"changing room\" insert \"or sleeping quarters\".
Page 4-line 8 Delete \"athletic\".
Page 5-line 7 Delete \"athletic\".
Page 5-line 10 Delete \"athletic\".
Page 5-after line 15 Insert and renumber as necessary:
\"(vi) To render caregiving assistance;
(vii) To receive assistance if the person is accompanied by a family member, legal guardian or the person's designee who is a member of the designated sex for the single-sex restroom, changing area or sleeping quarters;
(viii) When necessary to prevent a serious threat to public health or student safety during an ongoing natural disaster or emergency;
(ix) When a school official or employee enters a restroom, changing area or sleeping quarters while in the performance of the official's or employee's official duties and who takes reasonable steps to ensure that no person in the room is in a state of undress;
(x) When a restroom, changing area or sleeping quarters has been temporarily designated for use by the opposite sex.\".
Page 6-line 3 After \"action\" insert \", including for declaratory and injunctive relief,\".
Page 6-line 16 Delete \"or\" and insert \",\".
Page 6-line 17 After \"changing room\" insert \"or sleeping quarters\". Lawley
2/26/2025 H 3rd Reading:Passed 51-6-5-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Brady, Bratten, Brown, G, Byron, Campbell, E, Campbell, K, Clouston, Connolly, Davis, Erickson, Filer, Geringer, Guggenmos, Haroldson, Harshman, Heiner, Hoeft, Johnson, Kelly, Knapp, Larsen, Larson, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Ottman, Pendergraft, Posey, Rodriguez-Williams, Schmid, Singh, Smith, Strock, Styvar, Tarver, Thayer, Washut, Wasserburger, Webb, Webber, Wharff, Williams, Winter, Wylie
Nays: Representative(s) Chestek, Jarvis, Provenza, Sherwood, Storer, Yin
Excused: Representative(s) Bear, Brown, L, Eklund, Nicholas, Riggins
Ayes 51 Nays 6 Excused 5 Absent 0 Conflicts 0
2/26/2025 S Received for Concurrence
2/27/2025 S Concur:Passed 26-3-2-0-0
ROLL CALL
Ayes: Senator(s) Anderson, Biteman, Boner, Brennan, Cooper, Crago, Crum, Driskill, French, Hicks, Hutchings, Ide, Jones, Kolb, Landen, Laursen, Mckeown, Nethercott, Olsen, Pappas, Pearson, Salazar, Schuler, Scott, Smith, Steinmetz
Nays: Senator(s) Case, Gierau, Rothfuss
Excused: Senator(s) Barlow, Dockstader
Ayes 26 Nays 3 Excused 2 Absent 0 Conflicts 0
2/27/2025 Assigned Number SEA No. 0053
2/27/2025 S President Signed SEA No. 0053
2/27/2025 H Speaker Signed SEA No. 0053
3/3/2025 Governor Signed SEA No. 0053
3/3/2025 Assigned Chapter Number 101
Chapter No. 101 Session Laws of Wyoming 2025
Bill No.: SF0062 Effective: Immediately
LSO No.: 25LSO-0302
Enrolled Act No.: SEA No. 0053
Chapter No.: 101
Prime Sponsor: Laursen, D
Catch Title: Sex-designated facilities and public schools.
Has Report: No
Subject: Requiring public school students to use facilities designated with their sex at birth.
Summary/Major Elements:
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill. |