63G-31-301. Sex-designated privacy spaces in public schools.

325 words·~1 min read·/ut/title-63g/chapter-31/63g-31-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 2/14/2025

(1)To preserve the individual privacy of male and female students in the public education system, a student may only access an operational sex-designated privacy space within a public school that is designated for student use if the student's sex corresponds with the sex designation of the privacy space.

(2)For a student who makes a request to use a privacy space other than the sex-designated privacy space that corresponds with the student's sex because of the student's gender identity, as defined in Section 34A-5-102 , or reasonable fear of bullying, the local education agency, as defined in Section 53E-1-102 , shall coordinate with the student's parent or legal guardian to develop a privacy plan that provides the student with:

(i)reasonable access to a unisex or single-occupant facility; or

(ii)reasonable access to a faculty or staff restroom; or

(b)if the access described in Subsection (2)(a) is unavailable, reasonable access to private use of an otherwise sex-designated privacy space through staggered scheduling or another policy provision that provides for temporary private access.

(3)An LEA satisfies the LEA's duties regarding student use of a privacy space under this chapter if the LEA:

(a)gives notice to students of the provisions of this section;

(b)takes administrative action to address violations of and promote compliance with this section; and

(c)develops a privacy plan in accordance with Subsection

(2).

(4)An individual may use, as a defense to an allegation that the student is not eligible to access and use a sex-designated privacy space under Subsection (1), the student's unamended birth certificate that corresponds with the sex designation of privacy space, which may be supported with a review of any amendment history obtained under Section 26B-8-125 .

(5)Subsection

(1)does not apply to:

(a)a unisex or single-occupant facility; or

(b)an intersex individual.

Amended by Chapter 11 , 2025 General Session