Section 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 34A-5-102, or reasonable fear of bullying, the local education agency, as defined in Section 53E-1-102, shall coordinate with the student's parent or legal guardian to develop a privacy plan that provides the student with: (a)(i) reasonable access to a unisex or single-occupant facility; or(ii) reasonable access to a faculty or staff restroom; or(b) if the access described in Subsection (2)(a) is 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.(3) An LEA satisfies the LEA's duties regarding student use of a privacy space under this chapter if the LEA: (a) gives notice to students of the provisions of this section;(b) takes administrative action to address violations of and promote compliance with this section; and(c) develops a privacy plan in accordance with Subsection (2).(4) An individual may use the following evidence as a defense to an allegation that the student is not eligible to access and use a sex-designated privacy space under Subsection (1): (a) 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; or(b) documentation of a medical treatment or procedure that is consistent only with the sex designation of the privacy space.(5) Subsection (1) does not apply to:(a) a unisex or single-occupant facility; or(b) an intersex individual.Added by Chapter 2, 2024 General Session ,§ 9, eff. 1/30/2024.