TITLE 33

EDUCATION

CHAPTER 66 [67]

PROTECTING THE PRIVACY AND SAFETY OF STUDENTS IN PUBLIC SCHOOLS

33-6606 [33-6706].  civil cause of action. (1) Any student who, while accessing a public school restroom, changing facility, or sleeping quarters designated for use by the student’s sex, encounters a person of the opposite sex has a private cause of action against the school if:

(a)  The school gave that person permission to use facilities of the opposite sex; or

(b)  The school failed to take reasonable steps to prohibit that person from using facilities of the opposite sex.

(2)  Any civil action arising under this chapter must be commenced within four (4) years after the cause of action has occurred.

(3)  Any student who prevails in an action brought under this chapter may recover from the defendant public school five thousand dollars ($5,000) for each instance that the student encountered a person of the opposite sex while accessing a public school restroom, changing facility, or sleeping quarters designated for use by aggrieved student’s sex. The student may also recover monetary damages from the defendant public school for all psychological, emotional, and physical harm suffered.

(4)  Any student who prevails in action brought under this chapter is entitled to recover reasonable attorney’s fees and costs from the defendant public school.

(5)  Nothing in this chapter limits other remedies at law or equity available to the aggrieved student against the school.

History:

[33-6606 [33-6706], added 2023, ch. 120, sec. 1, p. 345.]