LRBs0203/1
TKK:amn
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 469
December 15, 2015 - Offered by Representative Kremer.
AB469-ASA1,1,2 1An Act to create 118.315 of the statutes; relating to: use of changing rooms by
2pupils.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB469-ASA1,1 3Section 1. 118.315 of the statutes is created to read:
AB469-ASA1,1,4 4118.315 Pupil physical privacy. (1) In this section:
AB469-ASA1,1,85 (a) "Changing room" means a room or area, with or without stalls for individual
6use, designated for a person to change his or her clothes. "Changing room" includes
7a locker room, shower room, and dressing room, but does not include a
8gender-neutral restroom.
AB469-ASA1,1,109 (b) "Gender-neutral restroom" means a restroom that satisfies all of the
10following requirements:
AB469-ASA1,1,1111 1. The restroom has 2 or more stalls.
AB469-ASA1,2,2
12. Each stall in the restroom has a floor-to-ceiling door with a lock or latch so
2that the door may be locked or latched from the inside.
AB469-ASA1,2,43 3. Each stall in the restroom is separated from any other stall by either a wall
4or floor-to-ceiling partitions.
AB469-ASA1,2,75 4. There are no spaces between the doors, walls, and partitions used in the
6construction of each stall so that a person standing outside a stall cannot see inside
7the stall and a person inside a stall cannot see into any other stall.
AB469-ASA1,2,98 5. If the restroom has a urinal, the urinal is located in a stall that meets the
9requirements under subds. 2. to 4.
AB469-ASA1,2,1210 (c) "Sex" means the physical condition of being male or female, as determined
11by an individual's reproductive organs and as designated on that individual's birth
12certificate.
AB469-ASA1,2,15 13(2) (a) 1. A school board shall designate each pupil restroom and changing room
14located in a public school building in the school district and accessible by multiple
15pupils simultaneously as for the exclusive use of pupils of only one sex.
AB469-ASA1,2,1916 2. The school board may establish policies for special events, including athletic
17events, during which the school board may temporarily redesignate a pupil restroom
18and changing room. Upon the conclusion of the special event, the pupil restroom and
19changing room shall revert to the designation under subd. 1.
AB469-ASA1,2,2420 (b) 1. Except as provided in subd. 2., no member of the female sex may use a
21pupil restroom or changing room that has been designated by the school board for the
22exclusive use of the male sex, and no member of the male sex may use a pupil
23restroom or changing room that has been designated by the school board for the
24exclusive use of the female sex.
AB469-ASA1,3,3
12. a. The prohibition under subd. 1. does not apply if the school board has set
2aside the designation under par. (a) 1. pursuant to a policy established under par. (a)
32.
AB469-ASA1,3,104 b. The prohibition under subd. 1. does not apply to a janitor or maintenance
5person when performing duties related to his or her employment; to a teacher, school
6administrator, police officer, or emergency medical services personnel when
7performing duties related to his or her employment, including during an emergency
8or a drill described under s. 118.07 (2) (a); to a parent, other family member, or
9guardian assisting a child; or to a person providing assistance to a person with a
10disability.
AB469-ASA1,3,17 11(3) (a) A school board shall provide reasonable accommodations to a pupil to
12use a single-occupancy restroom or changing room or the regulated use of a faculty
13restroom or changing room if the parent or guardian of the pupil submits to the
14administrator of the school in which the pupil is enrolled a written request to receive
15accommodations under this paragraph. The school administrator shall treat a
16written request submitted under this paragraph as a pupil record subject to the
17protections under s. 118.125 (2).
AB469-ASA1,3,1918 (b) Subject to the requirements of s. 120.12 (12), a school board may provide a
19gender-neutral restroom in a school in the school district for use by pupils.
AB469-ASA1,3,23 20(4) (a) If a school board receives a written complaint from a pupil enrolled in
21the school district, or the parent or guardian of a pupil enrolled in the district,
22regarding a violation of this section, the school board shall, within 30 days,
23investigate and attempt to resolve the complaint.
AB469-ASA1,4,224 (b) Subject to s. 118.26 or, for a school district operating under ch. 119, s. 119.68,
25the pupil, or the parent or guardian of the pupil, who submitted a written complaint

1under par. (a) may bring a claim for any of the following if the complaint is not
2resolved to the satisfaction of the pupil or the pupil's parent or guardian:
AB469-ASA1,4,33 1. Declaratory relief.
AB469-ASA1,4,44 2. Injunctive relief.
AB469-ASA1,4,55 3. Damages, including the reimbursement of reasonable attorney fees.
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