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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: GOV DP 4-3-0-0 | Third Read 16-11-3-0 |
SCR1006: schools; biological sex; requirements
Sponsor: Senator Kavanagh, LD 3
Committee on Education
Overview
Subject to voter approval, requires a public school to provide a reasonable accommodation to a person who is unwilling or unable to use a multioccupancy restroom or changing facility designated for the person's sex. Prohibits a school district or charter school employee from knowingly referring to a minor student by a pronoun that differs from the pronoun that aligns with the student's biological sex unless the school district or charter school receives written parental permission.
History
All parental rights are exclusively reserved to a minor child's parent without obstruction or interference from any governmental entity or institution. The Parents' Bill of Rights details parental rights, including the right to direct a minor child's education and the upbringing and moral or religious training of the minor child. A governmental entity or institution may not infringe on these rights unless there is a compelling governmental interest that meets specified criteria (A.R.S. §§ 1-601, 1-602).
A person enrolling a pupil for the first time in a particular school district or private school must provide reliable proof of the pupil's identity and age. This documentation must be photocopied and placed in the pupil's school file. The school must enroll the pupil using the name printed on the pupil's birth certificate or other proof, though the pupil may be called by any name their guardian wishes (A.R.S. § 15-828).
Similar legislation was introduced in the 57th Legislature, 1st Regular Session and was vetoed by the Governor (SB 1002 pronouns; biological sex; school policies and SB 1003 public schools; restrooms; reasonable accommodations).
Provisions
Reasonable Accommodation Requirements
1. Requires a public school to provide a reasonable accommodation to any person who:
a. is, for any reason, unwilling or unable to use a multioccupancy restroom or changing facility that is designated for the person's sex and that is located in a public school building or multioccupancy sleeping quarters while the person attends a public school-sponsored activity;
b. requests in writing a reasonable accommodation from the public school; and
c. submits satisfactory evidence of their sex to the public school.
2. Specifies a reasonable accommodation:
a. may include access to a single-occupancy restroom or changing facility or use of an employee restroom or changing facility; and
b. does not include access to a restroom or changing facility that is designated for use by persons of the opposite sex while those persons are present.
3. Authorizes a public school to adopt policies to implement the requirements relating to a reasonable accommodation that:
a. are necessary to accommodate individuals protected under the Americans with Disabilities Act of 1990 or young children who need physical assistance when using public school restrooms or changing facilities; and
b. authorize a person to enter a multioccupancy restroom, a multioccupancy changing facility or multioccupancy sleeping quarters that are designated for use by persons of the opposite sex to:
i. perform custodial or maintenance services while the restroom, changing facility or sleeping quarters are unoccupied;
ii. provide emergency medical assistance; or
iii. maintain order or address a serious threat to student safety during an emergency.
4. Grants a person whose written request for a reasonable accommodation is denied by a public school, administrator or employee to bring a private cause of action against the public school unless the public school demonstrates that the accommodation would cause an undue hardship.
5. Provides a person a private cause of action against a public school if:
a. the person either:
i. encounters someone of the opposite sex while in a multioccupancy restroom or changing facility that is designated for the person's sex and located in a public school building; or
ii. is required by the public school to share sleeping quarters with someone of the opposite sex who is a family member; and
b. the public school, an administrator or an employee gave the person of the opposite sex permission to use the restroom, changing facility or sleeping quarters.
6. Stipulates a person does not have a private cause of action if:
a. the person of the opposite sex is a young child who is accompanied by an adult who is not a person of the opposite sex; or
b. the person of the opposite sex is present in the multioccupancy restroom, changing facility or sleeping quarters consistent with the school's reasonable accommodation policies.
7. Requires claims to be brought in superior court in the county where the aggrieved person resides or the public school is located at the time of filing.
8. Requires all civil actions to be initiated within two years after the alleged violation occurred.
9. States any person who prevails on a claim may recover monetary damages for all psychological, emotional and physical harm suffered and is entitled to recover reasonable attorney fees and costs.
10. Specifies the reasonable accommodation requirements do not limit other remedies at law or equity that are available to the aggrieved person against the public school.
11. Defines changing facility, family, restroom, satisfactory evidence and sex.
Pronoun and Name Prohibition
12. Prohibits an employee or independent contractor of a school district or charter school, unless the school district or charter school receives written parental permission, from knowingly addressing, identifying or referring to a student who is younger than 18 by:
a. a pronoun that differs from the pronoun that aligns with the student's biological sex; or
b. a first name other than the first or middle name listed on the student's official school records, except a nickname that is commonly associated with the student's name of record.
13. Prohibits a school district or charter school from requiring an employee or independent contractor to address, identify or refer to a person by a pronoun that differs from the pronoun that aligns with the person's biological sex if doing so would be contrary to the employee's or contractor's religious or moral convictions.
14. Requires each school district governing board and charter school governing body to adopt policies to implement the prohibitions relating to pronouns and names.
15. Asserts a school district or charter school employee or independent contractor is not prohibited from discussing matters of public concern outside the context of their official duties.
16. Defines biological sex.
Miscellaneous
17. Contains a severability clause.
18. Directs the Secretary of State to submit this proposition to the voters at the next general election.
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22. Initials CH/IG SCR 1006
23. 2/27/2026 Page 0 Education
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