ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

 

HB2314: public schools; restrooms; reasonable accommodations

Sponsor: Representative Kavanagh, LD 23

Committee on Education

Overview

Requires a public school, on written request, to provide a reasonable accommodation to any person who is unwilling or unable to use specified facilities designated for the person's sex at a public school building or while attending a public school-sponsored activity.

History

A public school is a public institution established to offer instruction to pupils in preschool programs for children with disabilities, kindergarten programs and any combination of the 1st-12th grades (A.R.S. § 15-101).

The Americans with Disabilities Act (ADA) is a federal law that prohibits state and local governments (including public schools and universities) from discriminating against persons with disabilities. All buildings open to the public are required to meet the guidelines established by the ADA (28 C.F.R. § 35).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDirects a public school to provide a reasonable accommodation to any person who:

a)   Is unwilling or unable to use a multi-occupancy restroom or changing facility designated for the person's sex and located in a public school building or multi-occupancy sleeping quarters while attending a public school-sponsored activity; and

b)   Requests in writing a reasonable accommodation from the public school. (Sec. 1)

2.   Specifies a reasonable accommodation may include:

a)   Access to a single- occupancy restroom or changing facility; or

b)   Use of an employee restroom or changing facility. (Sec. 1)

3.   Asserts a reasonable accommodation does not include access to a restroom or changing facility that is designated for use by persons of the opposite sex while persons of the opposite sex are present or could be present. (Sec. 1)

4.   States public schools are not prohibited from adopting policies necessary to accommodate persons protected under the ADA or young children in need of physical assistance when using restrooms or changing facilities located in public schools. (Sec. 1)

5.   Provides any person, whose written request for a reasonable accommodation is denied by the public school, a private cause of action against the public school unless the public school can demonstrate that the accommodation would cause an undue hardship. (Sec. 1)

6.   Grants a person private cause of action against a public school if:

a)   Either of the following occurs:

i.   The person encounters a person of the opposite sex in a multi-occupancy restroom or changing facility designated for the person's sex and that is located in a public school building; or

ii. The person is required by the public school to share sleeping quarters with a person of the opposite sex, unless such persons are person of the same family; and

b)   The public school gave the person of the opposite sex permission to use the restroom, changing facility or sleeping quarters. (Sec. 1)

7.   Requires claims to be brought in superior court in the county in which the person resides or the public school is located. (Sec. 1)

8.   States all civil actions must be initiated within two years after the violation occurred. (Sec. 1)

9.   Allows persons who are aggrieved and who prevail in court to recover monetary damages for all psychological, emotional and physical harm suffered. (Sec. 1)

10.  Entitles a person who prevails on a claim to recover reasonable attorney fees and costs. (Sec. 1)

11.  Stipulates other remedies at law or equity that are available to the aggrieved person against the public school are not limited. (Sec. 1)

12.  Cites this act as the Arizona Accommodations for All Children Act. (Sec. 2)

13.  Defines family, changing facility, restroom and sex. (Sec. 1)

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17.                    HB 2314

18.  Initials CH/MR      Page 0 Education

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