Kentucky Student’s Right to Privacy Act (HB 326)
This law was last updated on Sep 6, 2018
HB 326 would prohibit transgender students and school employees from using the multiple-occupancy restroom, changing facility, or multiple-occupancy sleeping quarter that corresponds with their gender identity.
The bill would require local school boards to provide a reasonable accommodation to any student or employee unwilling or unable to use a multiple-occupancy restroom or changing facility or multiple-occupancy sleeping quarter reserved or designated for the person’s sex.
The bill defines “sex” to mean “a person’s immutable biological sex as male or female determined by a person’s anatomy and genetics at the time of birth.”
The bill would require unemancipated minors to obtain written parental consent when requesting the reasonable accommodation.
Reasonable accommodation may include, but is not limited to:
- Access to a single-occupancy restroom or changing facility; or
- Access to a restroom or changing facility reserved for employee use.
Reasonable accommodation would not include access to a multi-occupancy restroom or changing facility or multiple-occupancy sleeping quarter that is designated for use by the opposite sex.
The bill would require locals school boards to require any multiple-occupancy restroom or changing facility that is available for student use to be clearly designated for exclusive use by persons of a single sex and to be occupied only by persons of the designated sex.
The bill would require locals school boards to require any multiple-occupancy sleeping quarter of a student to be reserved for persons of a single sex and to be occupied only by persons of the designated sex, unless the student or employee is sharing a sleeping quarter with a parent, spouse, or other related person.
Cause of Action
HB 326 would allow a student to sue their school if they find someone of the opposite sex in the restroom, changing facility, or sleeping quarter. The student would be entitled to recover from the offending school any costs, expenses, and fees, including attorney’s fees, associated with the claim.
The bill would allow a student to sue their school if they are denied reasonable accommodation in violation of this provision.
Based on model legislation drafted by Alliance Defending Freedom.
- Alliance Defending Freedom — Drafted Model Law