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.