2023 -- S 0487

========

LC001681

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Senators E Morgan, Rogers, and DeLuca

     Date Introduced: March 07, 2023

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

hereby amended by adding thereto the following sections:

     16-21-42. Overnight trips.

     (a) A public school district or open-enrollment public charter school that sponsors or

supervises an overnight trip involving a public school student shall ensure that a public school

student attending the overnight trip is either provided sleeping quarters with a member of the same

sex, or is provided individual sleeping quarters. Except as provided in subsection (b) of this section,

no student shall be permitted to share sleeping quarters with a student of the opposite sex.

     (b) A public school student attending an overnight trip may share sleeping quarters with a

member of the opposite sex if that member is related by blood and part of the student's immediate

family.

     16-21-43. Public school restrooms -- Designation based on sex.

     (a) As used in this section:

     (1) "Multiple occupancy restroom or changing area" means an area in a public school

district or open-enrollment public charter school building that is designed or designated to be used

by one or more individuals at the same time and in which one or more individuals may be in various

stages of undress in the presence of other individuals, and shall include, but not be limited to:

     (i) A restroom;

     (ii) A locker room;

     (iii) A changing room; and

     (iv) A shower room.

     (2) "Sex" means the physical condition of being male or female based on genetics and

physiology. A public school district or open-enrollment public charter school may rely upon a

public school student's sex as identified on their original birth certificate issued at or near the time

of their birth.

     (b) To ensure privacy and safety, each public school district and open-enrollment public

charter school that serves students in prekindergarten through grade twelve (preK-12) in this state

shall require each multiple occupancy restroom or changing area to be designated as for the

exclusive use by the male sex or for the exclusive use by the female sex.

     (c) Each public school district and open-enrollment public charter school shall provide a

reasonable accommodation to an individual who is unwilling or unable to use a multiple occupancy

restroom or changing area designated for the individual's sex. A reasonable accommodation under

this subsection may include, without limitation, access to a single-occupancy restroom or changing

area. A reasonable accommodation shall not include access to a restroom or changing area that is

designated for use by members of the opposite sex if any members of the opposite sex are present

or may be present in the restroom or changing area.

     (d) This section does not apply to an individual who enters a multiple occupancy restroom

or changing area designated for use by the opposite sex when entered for at least one of the

following circumstances:

     (1) For custodial, maintenance, or inspection purposes;

     (2) To render emergency medical assistance; or

     (3) To address an ongoing emergency, including, without limitation, a physical altercation.

     (e) Nothing in this section shall be construed to prohibit a public school district or open-

enrollment public charter school from adopting a policy that is necessary to accommodate

individuals protected under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, as

it existed on January 1, 2023, or young children who are in need of physical assistance when using

a restroom or changing facility that is located in a public school district or open-enrollment public

charter school; provided, however, that the provisions of the policy shall not be contrary to this

section.

     (f) An allegation of noncompliance with this section shall be referred to the attorney

general by filing a formal complaint. The attorney general may seek injunctive relief or prosecute

intentional and willful violations of this section.

     (2) Upon conviction for an intentional and willful violation of this section, the following

LC001681 - Page 2 of 4

individuals, as applicable, shall be subject to a fine not to exceed one thousand dollars ($1,000):

     (1) The superintendent of a public school district where the intentional and willful violation

occurred, if the superintendent is found specifically to be noncompliant with this section;

     (2) The principal of a public school where the intentional and willful violation occurred, if

the principal is found specifically to be noncompliant with this section;

     (3) The director or administrative head of an open­enrollment public charter school where

the intentional and willful violation occurred, if the director or administrative head is found

specifically to be noncompliant with this section; or

     (4) A teacher or supervisor of a classroom or school-sponsored activity, if the teacher or

supervisor is found specifically to have intentionally and willfully violated this section.

     (g) A parent, legal guardian, or person standing in loco parentis of a public school student

shall have a cause of action against a public school district or an open-enrollment public charter

school if:

     (1) Their public school student encounters a member of the opposite sex in a public school

district or open-enrollment public charter school multiple occupancy restroom or changing area

that is designated for the public school student's sex if the member of the opposite sex received

permission from the public school district or open-enrollment public charter school superintendent

or the public school or open-enrollment public charter school building principal to use the multiple

occupancy restroom or changing area;

     (2) Their public school student is, in violation of the provisions of §16-21-42, required by

a public school district or open­enrollment public charter school superintendent or the public school

or open­enrollment public charter school building principal to share sleeping quarters with a

member of the opposite sex who is not a blood relative and family member of the public school

student; or

     (3) The public school district or open-enrollment public charter school is found to be

noncompliant with the provisions of this section.

     (g) The department of elementary and secondary education shall promulgate rules to

implement this section.

     SECTION 2. This act shall take effect upon passage.

========

LC001681

========

LC001681 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

***

     This act would require that public school children on an overnight trip not be roomed with

students of the opposite sex. Additionally, this act would provide that schools provide separate

restrooms for students of the opposite sex and an intentional and willful violation may be

punishable by a fine not to exceed one thousand dollars ($1,000).

     This act would take effect upon passage.

========

LC001681

========

LC001681 - Page 4 of 4