158.189 Legislative findings -- Policies for use of restrooms by students of the
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/ky/158-189A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
opposite biological sex -- Requirements -- Best available accommodation to be
provided.
(1)As used in this section:
(a)"Biological sex" means 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; and
(b)"School" means a school under the control of a local board of education or a
charter school board of directors.
(2)The General Assembly finds that:
(a)School personnel have a duty to protect the dignity, health, welfare, and
privacy rights of students in their care;
(b)Children and young adults have natural and normal concerns about privacy
while in various states of undress, and most wish for members of the opposite
biological sex not to be present in those circumstances;
(c)Allowing students to use restrooms, locker rooms, or shower rooms that are
reserved for students of a different biological sex:
1. Will create a significant potential for disruption of school activities and
unsafe conditions; and
2. Will create potential embarrassment, shame, and psychological injury to
students;
(d)Parents have a reasonable expectation that schools will not allow minor
children to be viewed in various states of undress by members of the opposite
biological sex, nor allow minor children to view members of the opposite sex
in various states of undress; and
(e)Schools have a duty to respect and protect the privacy rights of students,
including the right not to be compelled to undress or be unclothed in the
presence of members of the opposite biological sex.
(3)Each local board of education or charter school board of directors shall, after
allowing public comment on the issue at an open meeting, adopt policies necessary
to protect the privacy rights outlined in subsection
(2)of this section and enforce
this subsection. Those policies shall, at a minimum, not allow students to use
restrooms, locker rooms, or shower rooms that are reserved for students of a
different biological sex.
(a)A student who asserts to school officials that his or her gender is different
from his or her biological sex and whose parent or legal guardian provides
written consent to school officials shall be provided with the best available
accommodation, but that accommodation shall not include the use of school
restrooms, locker rooms, or shower rooms designated for use by students of
the opposite biological sex while students of the opposite biological sex are
present or could be present.
(b)Acceptable accommodations may include but are not limited to access to
single-stall restrooms or controlled use of faculty bathrooms, locker rooms, or shower rooms.