Utah Code 63G-31-301. Sex-designated privacy spaces in public schools
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(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.
Terms Used In Utah Code 63G-31-301
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Facility: includes a subset of a publicly owned or controlled building, structure, or other improvement, including a restroom or locker room. See Utah Code 63G-31-101
- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Intersex individual: means the same as that term is defined in Section
26B-8-101 . See Utah Code 63G-31-101 - Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
- Privacy space: means a restroom or changing room within a publicly owned or controlled facility, where an individual has a reasonable expectation of privacy. See Utah Code 63G-31-101
- Restroom: includes :(9)(b)(i) sex-designated men's restrooms;(9)(b)(ii) sex-designated women's restrooms;(9)(b)(iii) unisex restrooms; and(9)(b)(iv) single-occupant restrooms. See Utah Code 63G-31-101
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5- Sex-designated: means that a facility, program, or event is designated specifically for males or females and not the opposite sex. See Utah Code 63G-31-101
- Single-occupant: means , in relation to a single-occupant facility or privacy space, that the facility or privacy space:
(11)(a) has floor-to-ceiling walls;(11)(b) has an entirely encased and locking door; and(11)(c) is designated for single occupancy. See Utah Code 63G-31-101- Unisex: means , in relation to a unisex facility or privacy space, that the facility or privacy space:
(12)(a) is designated for the use of both sexes; or(12)(b) is not sex-designated. See Utah Code 63G-31-101(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 Section34A-5-102 , or reasonable fear of bullying, the local education agency, as defined in Section53E-1-102 , shall coordinate with the student’s parent or legal guardian to develop a privacy plan that provides the student with:(2)(a)(2)(a)(i) reasonable access to a unisex or single-occupant facility; or(2)(a)(ii) reasonable access to a faculty or staff restroom; or(2)(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:(3)(a) gives notice to students of the provisions of this section;(3)(b) takes administrative action to address violations of and promote compliance with this section; and(3)(c) develops a privacy plan in accordance with Subsection (2).(4) An individual may use the following evidence as a defense to an allegation that the student is not eligible to access and use a sex-designated privacy space under Subsection (1):(4)(a) 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 Section26B-8-125 ; or(4)(b) documentation of a medical treatment or procedure that is consistent only with the sex designation of the privacy space.(5) Subsection (1) does not apply to:(5)(a) a unisex or single-occupant facility; or(5)(b) an intersex individual. - Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by: