Bill Text: CA SB760 | 2023-2024 | Regular Session | Amended

California Senate Bill 760

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: School facilities: all-gender restrooms.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2023-09-23 - Chaptered by Secretary of State. Chapter 227, Statutes of 2023. [SB760 Detail]

Download: California-2023-SB760-Amended.html

Amended IN Senate May 18, 2023

Amended IN Senate April 18, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 760

Introduced by Senator Newman
(Coauthors: Senators Atkins, Eggman, Glazer, Laird, Menjivar, and Wiener)
(Coauthors: Assembly Members Jackson, Low, and Zbur)

February 17, 2023

An act to amend Section 35292.5 of the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL'S DIGEST

SB 760, as amended, Newman. School facilities: all-gender restrooms.

Existing law requires every restroom of every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, to be maintained and cleaned regularly, fully operational, and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers, and kept open during school hours when pupils are not in classes. Existing law requires that a sufficient number of restrooms be kept open during school hours when pupils are in classes.

This bill would require, on or before July 1, 2025, each school district, county office of education, and charter school, including charter schools operating in a school district facility, maintaining any combination of classes from kindergarten to grade 12, inclusive, to provide at least one all-gender restroom for voluntary pupil use at each of its schoolsites. The bill would require the all-gender restroom to meet certain requirements, including, among other things, that it has signage identifying the bathroom facility as being open to all genders and is unlocked, unobstructed, and easily accessible by any pupil. The bill would require the local educational agency to designate a staff member to serve as a point of contact for these purposes and to post a notice regarding these requirements in a prominent and conspicuous location outside at least one all-gender restroom. The bill would require these requirements to be subject to compliance review, as specified. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program. The bill would authorize a local educational agency to use an existing restroom to satisfy these requirements, as provided. The bill would require the State Department of Education to post on its internet website guidance for implementation of these provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 35292.5 of the Education Code is amended to read:

35292.5.

(a) Every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, shall comply with all of the following:

(1) Every restroom shall at all times be maintained and cleaned regularly, fully ~~operational~~ operational, and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers.

(2) The school shall keep all restrooms open during school hours when pupils are not in classes, and shall keep a sufficient number of restrooms open during school hours when pupils are in classes.

(b) (1) On or before July 1, 2025, each school district, county office of education, and charter school, including charter schools operating in a school district facility pursuant to Section 47614, maintaining any combination of classes from kindergarten to grade 12, inclusive, shall comply with the following for each of its schoolsites:

(A) Provide at least one all-gender restroom for pupil use that meets the following requirements:

(i) Has signage identifying the bathroom facility as being open to all genders and in conformity with Title 24 of the California Code of Regulations.

(ii) Is available for pupil use, consistent with the requirements of subdivision (a), as unlocked, unobstructed, easily accessible by any pupil, and consistent with existing pupil access to sex-segregated restrooms.

(iii) Is consistent with the requirements pursuant to Section 35292.6.

(iv) Is available during school hours and school functions when pupils are present.

(B) Designate a staff member to serve as a point of contact for implementation of this section.

(C) Post a notice regarding the requirements of this paragraph in a prominent and conspicuous location outside at least one all-gender restroom, including contact information for the person designated as a point of contact pursuant to subparagraph (B).

(2) A school district, county office of education, or charter school may use an existing restroom to satisfy the requirements of this subdivision if it otherwise complies with the requirements in paragraph (1).

(3) This subdivision shall be subject to compliance review pursuant to Section 253.

(4) The department shall post on its internet website guidance for implementation of this subdivision, including, but not limited to, examples of signage and best practices.

(5) This subdivision shall not supplant subdivision (f) of Section 221.5. Use of an all-gender restroom by a pupil shall be voluntary and pupils shall not be required to use an all-gender restroom.

(c) Notwithstanding subdivisions (a) and (b), a school may temporarily close a restroom as necessary for pupil safety or as necessary to repair the facility.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.