Iowa Code 280.33 – Single and multiple occupancy restrooms or changing areas — use by persons of same biological sex
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1. As used in this section:
a. “Multiple occupancy restroom or changing area” means an area in a school building designed or designated to be used by more than one person at a time, in which students may be in various stages of undress in the presence of other students or persons. “Multiple occupancy restroom or changing area” includes but is not limited to a restroom, locker room, changing room, or shower room.
b. “School” means a public school or nonpublic school.
c. “Sex” means a person’s biological sex as female or male, as listed on a person’s official birth certificate issued at or near the time of the person’s birth.
d. “Single occupancy restroom or changing area” means an area in a school building designed or designated to be used by one person at a time, in which the person may be in various stages of undress. “Single occupancy restroom or changing area” includes a restroom, locker room, changing room, or shower room.
Terms Used In Iowa Code 280.33
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nonpublic school: means any school, other than a public school, which is accredited pursuant to section 256. See Iowa Code 280.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Presence: means a location in Iowa at which a student participates in any structured activity related to a school's distance education course of instruction, with the exception of proctored examinations. See Iowa Code 261B.2
- Public school: means any school directly supported in whole or in part by taxation. See Iowa Code 280.2
- School: means an agency of the state or political subdivision of the state, individual, partnership, company, firm, society, trust, association, corporation, or any combination which meets any of the following criteria:a. See Iowa Code 261B.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Student: means a person who enrolls in or seeks to enroll in a course of instruction offered or conducted by a school. See Iowa Code 261B.2
2. A school shall require a multiple occupancy restroom or changing area to be designated only for and used by persons of the same sex. A person shall not enter a multiple occupancy restroom or changing area, or a single occupancy restroom or changing area designated only for persons of the same sex, that does not correspond with the person’s sex.3. In any other school facility, a facility used for extracurricular activity, overnight accommodations, or any other setting where a student may be in various stages of undress in the presence of other students or persons, school personnel shall provide separate, private areas designated for use by students based on the students’ sex.4. A student who, for any reason, desires greater privacy when using a single or multiple occupancy restroom or changing area, or other facility described in subsection 3, and whose parent or legal guardian provides written consent to school officials, may submit a request to such officials for access to alternative facilities. The school official to whom a request is submitted shall evaluate such request and shall, to the extent reasonable, offer options for alternative facilities. In no event shall any accommodation be made that includes access to a student multiple occupancy restroom or changing area or a single occupancy restroom or changing area designated for use by students of the opposite sex while students of the opposite sex are present or could be present. Reasonable accommodations may include any of the following:a. Access to a single occupancy restroom or changing area.b. Access to a unisex single occupancy restroom or changing area by only one student at a time.c. Controlled use of faculty multiple occupancy restroom or changing area or a single occupancy restroom or changing area.5. This section shall not be construed to prohibit a school from doing any of the following:a. Adopting policies necessary to accommodate disabled persons or young children in need of physical assistance when using a multiple occupancy restroom or changing area, a single occupancy restroom or changing area, or other facility or setting described in subsection 3.b. Permitting access to a multiple occupancy restroom or changing area, a single occupancy restroom or changing area, or other facility described in subsection 3 for custodial or maintenance purposes when such facility is not occupied by a member of the opposite sex.c. Rendering medical assistance.d. Permitting access to a multiple occupancy restroom or changing area, a single occupancy restroom or changing area, or other facility or setting described in subsection 3 during a natural disaster, emergency, or when necessary to prevent a serious threat to student safety.6. a. A citizen of this state may file a complaint with the office of the attorney general that a school is in violation of the provisions of this section if all of the following are true:(1) The citizen provides written notice to the school describing the violation.(2) The school does not cure the violation within three business days after receiving written notice of the violation.b. A complaint filed pursuant to this section shall include all of the following:(1) A copy of the written notice delivered to the school.(2) A signed statement by the citizen describing the violation and stating that notice was provided.c. Upon receipt of a complaint, the attorney general shall investigate the violation described in the complaint. If the attorney general determines that no violation occurred or that no further legal action is warranted, then the attorney general shall send written notice of such determination to the citizen who filed the complaint and to the school. If the attorney general determines that legal action is warranted to cure the violation, then the attorney general may file an action in a court of competent jurisdiction seeking such equitable relief as the attorney general deems appropriate.d. This subsection shall not limit other remedies at law or equity available to the aggrieved person against the school.