SB 26 — STANDARDIZE SCHOOL BATHROOM USE POLICIES

SENATE BILL 26 54THTH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSIO,SESSION, 2019 INTRODUCED BY Michael Padilla 6Pursuant 8to 10House ANRule ACT24-1, RELATINGthis TOdocument PUBLICincorporates SCHOOLS;amendments that have been adopted prior to consideration of this measure by the House.

REQUIRINGIt THEis PUBLICa EDUCATIONtool DEPARTMENTto TOshow STANDARDIZEthe STUDENTamendments BATHROOMin USEcontext POLICIES;and is not to be used for the purpose of amendments.

PROHIBITINGAN WITHDRAWALACT OFRELATING BATHROOMTO PRIVILEGESPUBLIC ASSCHOOLS; A FORM OF 14 DISCIPLINE;

PROVIDINGREQUIRING FORTHE DIGNIFIEDPUBLIC ANDEDUCATION INCREMENTALh INTERVENTIONDEPARTMENT BYTO SCHOOLSTANDARDIZE STAFFSTUDENT DURING STUDENTS' BATHROOM USE.USE POLICIES;

eg to 17PROHIBITING BEWITHDRAWAL ITOF ENACTEDBATHROOM BYPRIVILEGES THEAS LEGISLATUREA FORM OF THEt STATEhr OFg NEWe MEXICO:i k DISCIPLINE;

wSECº PROHIBITING WITHDRAWAL OR WITHHOLDING OF ANY h r i s PRIVILEGE AS DISCIPLINE FOR REQUESTING BATHROOM USE;»SEC h , t, PROVIDING FOR DIGNIFIED AND INCREMENTAL INTERVENTION BY SCHOOL e u g e b l ne de 18h SECTIONSTAFF 1.DURING STUDENTS' BATHROOM USE.

An newd sectiond ofi the= Public= Schoolo Codeh isl =] =b 19,d enactedi toa read:º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

ar l i a= e r 20 "[NEW MATERIAL] STANDARDIZATION OF BATHROOM USE POLICIES a t me mw 21 REQUIRED--DEPARTMENT TO ISSUE RULES.--The department shall d rm e 22 issue rules for development of standardized student bathroom c e s k 23 use policies by public and charter schools that take into e a n bo 24SECTION account1. factors that include the student's age, special needs, u [ psychological and physical abilities and impairments and .211462.1 respect for the dignity and autonomy of the student.

TheA rulesnew shall:section of the Public School Code is d m :

b e d s º enacted to read:

o t n = s k m e e a n e d r e l u [ A d "[NEW MATERIAL] STANDARDIZATION OF BATHROOM USE POLICIES REQUIRED--DEPARTMENT TO ISSUE RULES.--The department shall issue rules for development of standardized student bathroom use policies by public and charter schools that take into account factors that include the student's age, SECº sexual orientation, gender identity,»SEC special needs, psychological and physical abilities and impairments and respect for the dignity and autonomy of the student.

The rules HECºshall»HEC HECºmay»HEC:

require that permission for bathroom use be h given timely when a child requests it;

g o t hr D.

g e i k (1) bathroom use for any reason;

or h r i s (2) any other privilege, including food, rest h , t, e u g or outdoor activities, as a means to punish or discipline a e b l e e h student for using or requesting to use the bathroom;

and n d d i = = o h E.

provide for incremental and respectful el e] 17b ,d i a º e intervention, if required, during the bathroom use of a er i = r t e nw d 18m a n o student, which may include actions taken by public school staff =d = l ] 19 to check on or address any issues perceived by staff during a a l r i 20 student's bathroom use time, including knocking on the bathroom t e a t door, unlocking the bathroom door, entering the bathroom, m m: 21 e d r e 22 knocking on a bathroom stall door or speaking to a student." c e r c 23 - 2 - e a n b 24 u [ .211462.1

b e d s º o t n = .211462.1 s k m e - 2 - e a n e d r e l u [ A d to check on or address any issues perceived by staff during a student's bathroom use time, including knocking on the bathroom door, unlocking the bathroom door, entering the bathroom, knocking on a bathroom stall door or speaking to a student." - 3 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = s k em e e a n e d r e l u [ A d