53G-9-214. Individual privacy -- Personal modesty.
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Effective 7/1/2025
53G-9-214. Individual privacy -- Personal modesty.
(1)As used in this section:
(i)"Changing facility" means a room in which two or more individuals may be in a state of undress in the presence of others.
(ii)"Changing facility" includes a dressing room, fitting room, locker room, changing room, or shower room.
(b)"Full nudity" means that an individual's genitalia, female breast below the top of the areola, buttocks, anus, or pubic area is completely exposed.
(c)"Partial nudity" means that an individual's pubic region or chest are less than completely covered.
(d)"Restroom" means a room that includes one or more toilets or urinals.
(e)"Single-occupant facility" means a restroom or changing facility:
(i)with floor-to-ceiling walls;
(ii)with an entirely encased and locking door; and
(iii)that is designated for single occupancy.
(2)Each student in the public education system has a reasonable expectation of individual privacy and personal modesty.
(3)In accordance with Subsection (2), an LEA may not require, invite, or encourage a student to undress, change clothing, or otherwise be in a state of full or partial nudity in the presence of another individual, regardless of whether:
(a)the student is in a restroom or changing facility; or
(b)the other individual is an employee of the LEA.
(a)An LEA is presumed to comply with Subsection
(3)if the LEA ensures the availability of the following for students who choose to undress or change clothing in private:
(i)single-occupant facilities;
(ii)floor-to-ceiling walls and doors or similar privacy protections within changing facilities; or
(iii)curtains or similar privacy protections in changing facilities.
(b)Nothing in this section requires an LEA to make available a specific privacy accommodation described in Subsection (4)(a).
Enacted by Chapter 313 , 2025 General Session