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Session of 2016 

HOUSE BILL No. 2737

By Committee on Federal and State Affairs

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AN ACT concerning school districts; creating the student physical priacyact!

 Be it enacted by the Legislature of the State of Kansas:

Section 1!"The proisions of sections 1 through #$ and amendmentsthereto$ shall %e &no'n and may %e cited as the student physical priacyact!

Sec! (!"The legislature here%y finds and declares)*a+"Children and young adults hae natural and normal concerns

a%out physical priacy 'hen they are in arious states of undress$ andmost 'ish for mem%ers of the opposite se, not to %e present in thosecircumstances!

*%+"arents hae a reasona%le e,pectation that pu%lic schools in this

state 'ill not allo' their minor children to %e ie'ed in arious states ofundress %y mem%ers of the opposite se,$ nor allo' their minor children toie' mem%ers of the opposite se, in arious states of undress!

*c+".oung adults hae a reasona%le e,pectation that postsecondaryeducational institutions in this state 'ill not allo' their students to %eie'ed in arious states of undress %y mem%ers of the opposite se, 'hileusing student restrooms$ loc&er rooms and sho'ers!

*d+"u%lic schools and postsecondary educational institutions in thisstate hae a duty to protect the dignity$ health and 'elfare of the students

in their care!*e+"Allo'ing students to use restrooms$ loc&er rooms and sho'ersthat are resered for students of a different se, 'ill create a significant potential for disruption of educational actiities and unsafe situations!

*f+"Allo'ing students to use restrooms$ loc&er rooms and sho'ersthat are resered for students of a different se, 'ill create potentialem%arrassment$ shame and psychological in/ury to students!

*g+"u%lic schools and postsecondary educational institutions hae aduty to respect and protect the priacy rights of their students! Courts haerecogni0ed a constitutional right to priacy that includes a right not to %e

compelled %y the goernment to undress or %e unclothed in the presence ofmem%ers of the opposite se,! See$ e!g!$ Cum%ey ! eachum$ 62 F!(d#1( *14th Cir! 152(+; ee ! 7o'ns$ 61 F!(d 111# *th Cir! 1521+; .or& !Story$ 3( F!(d 84 *5th Cir! 1563+!

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Sec! 3!"The purposes of this act are)

*a+"To further the state:s interest in protecting all students in pu%licschools and postsecondary educational institutions in this state;*%+"to proide for the priacy needs of all students in pu%lic schools

and postsecondary educational institutions in this state; and*c+"to maintain order and dignity in restrooms$ loc&er rooms$ sho'ers

and other facilities 'here students may %e in arious states of undress inthe presence of other students!

Sec! !"As used in sections 1 through #$ and amendments thereto)*a+"Se, means the physical condition of %eing male or female$

'hich is determined %y a person:s chromosomes$ and is identified at %irth

 %y a person:s anatomy!*%+"ostsecondary educational institution shall hae the same

meaning as that term is defined in

*c+"u%lic school means a school operated %y a unified schooldistrict organi0ed under the la's of this state!

Sec! 8!"*a+ *1+ =ery pu%lic school and postsecondary educationalinstitution student restroom$ loc&er room and sho'er room accessi%le %ymultiple students at the same time shall %e designated for use %y male

students only or female students only!*(+">n all pu%lic schools and postsecondary educational institutions in

this state$ student restrooms$ loc&er rooms and sho'ers that are designatedfor one se, shall %e used only %y mem%ers of that se,!

*3+">n any other pu%lic school facility$ postsecondary educationalinstitution facility or setting not specified in su%section *a+*(+ 'here astudent may %e in a state of undress in the presence of other students$school or institution personnel shall proide separate$ priate areasdesignated for use %y students %ased on their se,!

*%+ *1+"Students 'ho$ for any reason$ desire greater priacy 'henusing a pu%lic school or postsecondary educational institution restroom$loc&er room or sho'er room$ and 'hose parents or legal guardians proide'ritten consent to school or institution officials$ may su%mit a re?uest tosuch officials for access to alternatie facilities! The school or institutionofficial to 'hom a re?uest is su%mitted shall ealuate such re?uest andshall$ to the e,tent reasona%le$ offer options for alternatie facilities! >n noeent shall any accommodation %e an access to student restrooms$ loc&errooms or sho'er rooms designated for use %y students of the opposite se,'hile students of the opposite se, are present or could %e present!

*(+"Accepta%le accommodations may include$ %ut are not limited to)Access to single-stall %athrooms; access to unise, %athrooms; or controlleduse of faculty %athrooms$ loc&er rooms or sho'er rooms!

Sec! 6!"*a+ Students 'ho access a pu%lic school or postsecondary

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educational institution restroom$ loc&er room or sho'er room designated

for use %y such student:s se, hae a right not to encounter a person of theopposite se,!*%+"Students 'ho$ 'hile accessing a pu%lic school or postsecondary

educational institution student restroom$ loc&er room or sho'er roomdesignated for use %y such student:s se,$ encounter a person of theopposite se,$ hae a priate cause of action against the school district or postsecondary educational institution$ if)

*1+"The pu%lic school or postsecondary educational institution gaesuch person of the opposite se, permission to use facilities designated foruse %y such student:s se,; or 

*(+"the pu%lic school or postsecondary educational institution failed tota&e reasona%le steps to prohi%it such person of the opposite se, fromusing facilities designated for use %y such student:s se,!

*c+"A cause of action %rought pursuant to this section shall %e %roughtin either the state district court or the federal district court for the /urisdiction 'here either the student resides at the time such action is filed$or 'here the pu%lic school or postsecondary educational institution islocated!

*d+"No cause of action may %e %rought pursuant to this section more

than four years after a iolation of su%section *%+ occurred!*e+"Students aggrieed under this section may o%tain appropriate

relief$ 'hich shall include)*1+"Statutory damages in an amount of @($844 for each instance in

'hich the aggrieed student encountered a person of the opposite se,'hile accessing a pu%lic school or postsecondary educational institutionstudent restroom$ loc&er room or sho'er room designated for use %y theaggrieed student:s se,;

*(+"monetary damages for all psychological$ emotional and physicalharm suffered as a result of a iolation of this section;

*3+"reasona%le attorney fees and costs; and*+"such other relief as the court deems appropriate!Sec! #!">f any proision of sections 1 through 6$ and amendments

thereto$ or its application to any person or circumstance is held inalid$ theinalidity shall not affect any other proision or application of sections 1through 6$ and amendments thereto$ 'hich can %e gien effect 'ithout theinalid proision or application! To this end the proisions of sections 1through 6$ and amendments thereto$ are seera%le!

Sec! 2!"This act shall ta&e effect and %e in force from and after its

 pu%lication in the statute %oo&!

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