SENATE BILL No. 993

 

 

May 25, 2016, Introduced by Senator CASPERSON and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding section 1181.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1181. (1) If a pupil enrolled in a school district,

 

intermediate school district, or public school academy asserts that

 

the pupil's gender is different from the pupil's biological sex,

 

and if the pupil's parent or legal guardian consents to that

 

assertion in writing to a public school administrator, or if the

 

pupil is at least age 18 or an emancipated minor and makes the

 

assertion in writing to a public school administrator, the school

 

district, intermediate school district, or public school academy

 

shall provide the pupil with a reasonable accommodation. For the

 

purposes of this subsection, a reasonable accommodation is one that

 


does not impose an undue hardship on a school district,

 

intermediate school district, or public school academy. A

 

reasonable accommodation may not include the use of a pupil

 

restroom, locker room, or shower room designated for use by pupils

 

of the opposite biological sex if pupils of the opposite biological

 

sex are present or could be present. A reasonable accommodation may

 

include a single-occupancy restroom, a unisex restroom, or the

 

controlled use of a restroom, locker room, or shower room that is

 

designated for use by faculty.

 

     (2) The board of a school district or intermediate school

 

district or board of directors of a public school academy shall

 

ensure that all of the following are met:

 

     (a) A restroom, locker room, or shower room that is located in

 

an elementary or secondary school under the control of the board or

 

board of directors, is designated for pupil use, and is accessible

 

by multiple pupils at the same time shall be designated for and

 

used only by pupils of the same biological sex.

 

     (b) A public school pupil participating in a school-sponsored

 

activity off school premises that includes being in a state of

 

undress in the presence of other pupils shall use only a restroom,

 

locker room, or shower room designated for and used only by pupils

 

of the same biological sex.

 

     (3) A school administrator, school counselor, or teacher who

 

has reasonable cause to suspect child abuse or neglect with regard

 

to a pupil described in this section shall comply with the

 

reporting requirements of section 3 of the child protection law,

 

1975 PA 238, MCL 722.623, as provided under that section.


     (4) As used in this section, "biological sex" means the

 

physical condition of being male or female as determined by a

 

person's chromosomes and anatomy as identified at birth.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.