Bill
SF 62
Public K–12 facilities must be designated exclusively by sex, with accommodations for single-occupancy options and strict enforcement, including potential accreditation loss and pa
Status and timeline
- Bill: SF 62 — “Sex‑designated facilities and public schools.”
- Enacted as Enrolled Act No. 53 / SEA No. 0053 (Chapter assigned on 03/04/2025). Effective immediately upon completion of all acts necessary for a bill to become law.
- Introduced: Jan 16, 2025. Passed both chambers (Senate and House) with amendments; signed by the Governor (SEA No. 0053). Fiscal note: no significant fiscal or personnel impact.
Purpose
- To require public K–12 school districts to designate multiple‑occupancy restrooms, changing facilities (locker/changing rooms) and sleeping quarters used for school‑sponsored activities for exclusive use by one sex (as defined biologically), to require students to use facilities consistent with that designation, and to establish accommodations, exceptions, enforcement and remedies.
Key provisions
- New statutory section created: W.S. 21-3-137 — definitions, requirements, exceptions, penalties, and rulemaking authority.
- Definitions:
- “Male” and “Female” are defined in biological/reproductive terms (including caveats for congenital anomaly or disruption).
- “Restroom”/“changing room” covers rooms where persons may be in various stages of undress (locker rooms, shower rooms, etc.).
- “Sleeping quarters” defined as an area with at least one bed/cot where persons are housed overnight for school‑sponsored activities.
- Facility designation requirement:
- Each school district must designate every multiple‑occupancy restroom, changing room, and sleeping quarters as exclusively for the male sex or the female sex.
- Reasonable accommodations:
- Districts must provide reasonable accommodations for persons who do not wish to use a designated multiple‑occupancy facility; explicitly includes single‑occupancy restrooms/changing rooms/sleeping quarters.
- Accommodations may not allow access to opposite‑sex designated facilities while members of the opposite sex are present or could be present.
- Exceptions (when opposite‑sex entry is permitted), including but not limited to:
- Custodial/inspection/maintenance, emergency medical assistance, adult assistance for disability/age, caregiving, temporary opposite‑sex designation during emergencies, school officials performing duties when no one is undressed.
- Coach exception: under specified conditions (students fully clothed, accompanied by another adult who is not a current high‑school student; special conditions when both sexes are on the team).
- Local policy and discipline:
- School boards must adopt disciplinary policies for noncompliance and are prohibited from adopting policies contrary to this statute.
- Enforcement and remedies:
- State Board of Education assigned enforcement authority; a school district found noncompliant may face loss of accreditation per W.S. 21-2-304.
- Parents/legal guardians have a private cause of action (including declaratory and injunctive relief) against schools for noncompliance.
Who is affected
- Students enrolled and physically attending Wyoming public K–12 schools, school districts, school staff and coaches, school boards, and parents/guardians. State Board of Education responsibilities and district operational practices (facility signage, single‑occupancy accommodations, discipline policies) will be affected.
Potential impacts and considerations
- Operational: districts will need to inventory and designate multiple‑occupancy facilities, provide or repurpose single‑occupancy options for accommodations, and update policies and training for staff/coaches.
- Legal/enforcement: creates direct parental remedy and ties compliance to accreditation, which could drive district-level enforcement and potential litigation.
- Fiscal: Legislative Fiscal Office and Department of Education indicated no significant fiscal/personnel impact in the fiscal note; however, some districts may incur minor costs to provide single‑occupancy accommodations or revise facilities/signage and policies.
Compiled from official sources — confirm details with the bill’s official record.
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