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Utah Code Title 63G. General Government § 63G-31-301. Sex-designated privacy spaces in public schools

Current as of January 01, 2025 | Updated by Findlaw Staff

(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:

(a)(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 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):

(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 Section 26B-8-125; or

(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:

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

(b) an intersex individual.

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Cite this article: FindLaw.com - Utah Code Title 63G. General Government § 63G-31-301. Sex-designated privacy spaces in public schools - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-63g-general-government/ut-code-sect-63g-31-301/

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