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, 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) Subsection (1) does not apply to: (a) a unisex or single-occupant facility; or (b) an intersex individual.