63G-31-301. Sex-designated privacy spaces in public schools.
(1) To preserve the individual privacy of male and female students in the public education system, a student may only access an operational sex-designated privacy space within a public school that is designated for student use if the student's sex corresponds with the sex designation of the privacy space.
(2) For a student who makes a request to use a privacy space other than the sex-designated privacy space that corresponds with the student's sex because of the student's gender identity, as defined in Section, or reasonable fear of bullying, the local education agency, as defined in Section, shall coordinate with the student's parent or legal guardian to develop a privacy plan that provides the student with: 34A-5-102 53E-1-102 reasonable access to a unisex or single-occupant facility; or reasonable access to a faculty or staff restroom; or if the access described in Subsectionis unavailable, reasonable access to private use of an otherwise sex-designated privacy space through staggered scheduling or another policy provision that provides for temporary private access. (2)(a)
(3) An LEA satisfies the LEA's duties regarding student use of a privacy space under this chapter if the LEA: gives notice to students of the provisions of this section; takes administrative action to address violations of and promote compliance with this section; and develops a privacy plan in accordance with Subsection. (2)
(4) An individual may use, as a defense to an allegation that the student is not eligible to access and use a sex-designated privacy space under Subsection (1), the student's unamended birth certificate that corresponds with the sex designation of privacy space, which may be supported with a review of any amendment history obtained under Section. 26B-8-125
(5) Subsectiondoes not apply to: (1) a unisex or single-occupant facility; or an intersex individual.