KRS 158.189: Legislative findings -- Policies for use of restrooms by students of the

opposite biological sex -- Requirements -- Best available accommodation to be

provided.

(1) As used in this section:

(a) "Biological sex" means the physical condition of bei ng male or female, which

is determined by a person's chromosomes, and is identified at birth by a

person's anatomy; and

(b) "School" means a school under the control of a local board of education or a

charter school board of directors.

(2) The General Assembly finds that:

(a) School personnel have a duty to protect the dignity, health, welfare, and

privacy rights of students in their care;

(b) Children and young adults have natural and normal concerns about privacy

while in various states of undress, and mo st wish for members of the opposite

biological sex not to be present in those circumstances;

(c) Allowing students to use restrooms, locker rooms, or shower rooms that are

reserved for students of a different biological sex:

1. Will create a significant po tential for disruption of school activities and

unsafe conditions; and

2. Will create potential embarrassment, shame, and psychological injury to

students;

(d) Parents have a reasonable expectation that schools will not allow minor

children to be viewed in various states of undress by members of the opposite

biological sex, nor allow minor children to view members of the opposite sex

in various states of undress; and

(e) Schools have a duty to respect and protect the privacy rights of students,

including the right not to be compelled to undress or be unclothed in the

presence of members of the opposite biological sex.

(3) Each local board of education or charter s chool board of directors shall, after

allowing public comment on the issue at an open meeting, adopt policies necessary

to protect the privacy rights outlined in subsection (2) of this section and enforce

this subsection. Those policies shall, at a minimum , not allow students to use

restrooms, locker rooms, or shower rooms that are reserved for students of a

different biological sex.

(4) (a) A student who asserts to school officials that his or her gender is different

from his or her biological sex and whos e parent or legal guardian provides

written consent to school officials shall be provided with the best available

accommodation, but that accommodation shall not include the use of school

restrooms, locker rooms, or shower rooms designated for use by stude nts of

the opposite biological sex while students of the opposite biological sex are

present or could be present.

(b) Acceptable accommodations may include but are not limited to access to

single-stall restrooms or controlled use of faculty bathrooms, lock er rooms, or

shower rooms.