Proposal would set sex-based space rules for schools, shelters, and detention

Each domestic violence shelter would designate shared sleeping rooms and restrooms or changing rooms for females or males, and provide a reasonable accommodation. A domestic violence shelter is a facility serving victims of domestic violence, nonconsensual sexual conduct, or stalking. An accommodation may include a single-person room or space, but cannot allow use of an opposite-sex shared space when people of that sex are or may be present. Exceptions allow entry for authorized work, medical or law enforcement help, emergencies, serious safety threats, or young children with an adult caretaker. Shelters may adopt policies needed to accommodate people protected by federal disability law. The text states no start date.

Public schools would designate shared restrooms and changing rooms for females or males, provide reasonable accommodations, and arrange students’ overnight sleeping quarters by sex or in single-person rooms. These rules cover public schools, including charter schools, and overnight trips they sponsor or supervise involving public school students. A student may share overnight sleeping quarters with a person of the opposite sex only if that person is an immediate family member. A restroom or changing-room accommodation may include a single-person space, but cannot allow use of an opposite-sex shared space when people of that sex are or may be present. Exceptions allow entry for authorized work, medical or law enforcement help, emergencies, serious safety threats, or young children with an adult caretaker. Schools may adopt policies needed to accommodate people protected by federal disability law. The overnight sleeping rule applies to school-sponsored or supervised trips involving public school students. The text states no start date.

Correctional and juvenile detention facilities would designate shared sleeping rooms and restrooms or changing rooms for females or males, and provide a reasonable accommodation. The text defines a juvenile detention facility as one operated by the state Children, Youth and Families Department for secure detention and treatment of people younger than eighteen. An accommodation may include a single-person room or space, but cannot allow use of an opposite-sex shared space when people of that sex are or may be present. Exceptions allow entry for authorized work, medical or law enforcement help, emergencies, serious safety threats, or young children with an adult caretaker. Facilities may adopt policies needed to accommodate people protected by federal disability law. The text states no start date.

State agencies and other parts of the state could make sex-based distinctions in certain settings if separate accommodations closely serve an important government interest in health, safety, or privacy. The provision applies to state agencies and other arms of the state in the named settings and similar accommodations involving biology, safety, or privacy. The text names athletics, correctional and juvenile detention facilities, domestic violence shelters, and other accommodations where biology, safety, or privacy are involved. The text states no start date.