Bill Text: CA SB760 | 2023-2024 | Regular Session | Chaptered
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-Chaptered.html
Senate Bill
No. 760
CHAPTER 227
An act to amend Section 35292.5 of, and to add Section 17585 to, the Education Code, relating to school facilities.
[
Approved by
Governor
September 23, 2023.
Filed with
Secretary of State
September 23, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 760, 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. Existing law authorizes a school to temporarily close a restroom as necessary for pupil safety or as necessary to repair the facility.
This bill would revise the
conditions under which a restroom is authorized to be temporarily closed to instead be as necessary (1) for a documented pupil safety concern, (2) for an immediate threat to pupil safety, or (3) to repair the facility. The bill would require, on or before July 1,
2026, 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 grades 1 to 12, inclusive, to provide and maintain at least one all-gender restroom for voluntary pupil use at each of its schoolsites that meet specified criteria. 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.
Existing
law, the Leroy F. Greene School Facilities Act of 1998 (the Greene Act), requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for the construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition.
This bill would require the governing board of a school district, a county board of education, or the governing body of a charter school that applies for state funding pursuant to the Greene Act for a school modernization project to include, as part of the modernization project, an all-gender restroom designed exclusively for pupil use for specified schoolsites, as provided. The bill would provide that these provisions apply only to those projects that are submitted for approval on or after July 1, 2026.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares both of the following:(1) Pupils are most likely to achieve their potential in welcoming educational environments.
(2) Educational opportunities should be accessible to pupils regardless of their gender identities.
(b) It is the intent of the Legislature to ensure all pupils, regardless of gender identity, can access suitable restroom facilities during
school hours.
SEC. 2.
Section 17585 is added to the Education Code, to read:17585.
(a) If the governing board of a school district, a county board of education, or the governing body of a charter school applies for state funding pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for a school modernization project, the application shall include, as part of the modernization project, an all-gender restroom designed exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten, at each schoolsite that has not already established an all-gender restroom pursuant to subdivision (b) of Section 35292.5 and for each schoolsite that does not have more than one female restroom and more than one male restroom designated exclusively for pupil use.(b) The
requirements of this section apply only to those projects submitted for approval on or after July 1, 2026.
SEC. 3.
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, 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, 2026, 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 grades 1 to 12, inclusive, shall comply with the following for each of its schoolsites that, before July 1, 2026, has more than one female restroom and
more than one male restroom designated exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten:
(A) Provide and maintain 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 ensures that all pupils have restrooms that are in easily accessible locations and the existing restroom 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.
(6) This subdivision shall not preclude a schoolsite that does not have more than one female restroom and more than one male restroom designated exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten, from identifying and making easily accessible, a restroom for pupil use that satisfies the requirements of this subdivision.
(c) Notwithstanding subdivisions (a) and (b), a school may temporarily close a restroom as necessary (1) for
a documented
pupil safety
concern, (2) for an immediate threat to pupil safety, or (3) to repair the facility.
