Rep. Mitchell Scoggins (R – Bartow County) introduced a bill on the first day of the Georgia General Assembly Monday that would separate boys and girls in restrooms and other situations such as overnight trips.
H.B. 836 (https://www.legis.ga.gov/api/legislation/document/20232024/219814) was referred to the House Education Committee for review.
The bill is aimed at protecting the health and safety of elementary and secondary school students, according to the bill’s language. Five other representatives joined Scoggins in sponsoring the bill, including Rep. Trey Kelley (R-Polk County).
The bill has several components to it. It calls for “multiple occupancy restrooms or changing areas,” which is defined as an area designated for use by more than one person where people would be in stages of undress. These include restrooms, locker rooms, changing rooms, and showers. The bill also identifies “sex” as the gender identified on the student’s original birth certificate.
The bill stipulates that these rooms or areas be designated by use for exclusively males or females. It also mandates that reasonable accommodations be made for those unwilling to use designated restrooms, such as a single-occupancy restroom or changing area.
The bill makes some exceptions for those entering these designated areas for maintenance, inspection, or emergencies.
The bill also addresses sleeping arrangements for overnight school trips by stipulating that children must sleep in rooms with the same sex or be provided single-occupancy sleeping quarters. The exception is if the person of the opposite sex is a member of the student’s immediate family such as a parent or sibling.
Those failing to comply with the bill would be subject to a $1,000 fine with responsibility falling on the school superintendent, the principal, or the teacher where the non-compliance occurred.
It also gives parents or legal guardians of a public school student legal standing to initiate a lawsuit against a school or school system if a student encounters someone of the opposite sex in an area designated for the same sex of the student if that individual gained permission from someone in authority to enter that area. This would include restrooms, locker rooms, showers, changing rooms, and sleeping quarters.
A lawsuit could also occur if one of those in authority or a school is found non-compliant in an incident, according to the bill.
The bill doesn’t affect students who need assistance under the Americans for Disabilities Act (ADA).