Assembly Bill A8053

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8053
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BARCLAY,  BLANKENBUSH, GRAY -- read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to providing  for  tempo-
   rary  exemptions to educational institutions from certain requirements
   related to the use of multi-occupancy bathrooms and locker  rooms  and
   to  authorizing  the  use  of  state building aid for related facility
   improvements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative intent. It is the intent of the Legislature to
 ensure that all students in New York State educational institutions have
 access to private, inclusive, and comfortable bathroom and  locker  room
 facilities.  This  act provides that all educational institutions in the
 state of New York shall be exempt from the requirement to permit the use
 of multi-occupancy bathrooms and locker rooms until such facilities  are
 converted,  renovated,  or newly constructed to ensure a private, inclu-
 sive, and comfortable environment for all students.
   § 2. Section 296 of the executive law  is  amended  by  adding  a  new
 subdivision 4-a to read as follows:
   4-A.  (A)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (I) "EDUCATIONAL INSTITUTION" MEANS ANY PUBLIC SCHOOL DISTRICT,  CHAR-
 TER  SCHOOL,  BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR OTHER ENTITY
 AUTHORIZED TO PROVIDE KINDERGARTEN THROUGH TWELFTH GRADE  PUBLIC  EDUCA-
 TION IN THE STATE.
   (II)  "MULTI-OCCUPANCY  BATHROOM  OR  LOCKER  ROOM"  MEANS  A FACILITY
 DESIGNED FOR SIMULTANEOUS USE BY MORE THAN ONE INDIVIDUAL AND  CUSTOMAR-
 ILY DESIGNATED FOR USE BASED ON GENDER.
   (III)  "PRIVATE, INCLUSIVE, AND COMFORTABLE SPACE" MEANS A BATHROOM OR
 LOCKER ROOM FACILITY DESIGNED TO ALLOW ALL STUDENTS  ACCESS  TO  PRIVACY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11678-02-5
 A. 8053                             2
              

 
 AND  INCLUSIVITY  REGARDLESS OF GENDER IDENTITY OR EXPRESSION, INCLUDING
 BUT NOT LIMITED TO SINGLE-OCCUPANCY OR INDIVIDUALLY PARTITIONED SPACES.
   (IV)  "TRANSGENDER"  MEANS A PERSON WHOSE GENDER IDENTITY DIFFERS FROM
 THE GENDER IDENTITY TYPICALLY ASSOCIATED WITH THE SEX THEY WERE ASSIGNED
 AT BIRTH.
   (B)(I) ALL EDUCATIONAL INSTITUTIONS IN THE STATE SHALL BE  TEMPORARILY
 EXEMPT  FROM  ANY STATE-IMPOSED REQUIREMENT PURSUANT TO SUBDIVISION FOUR
 OF THIS SECTION RELATED TO ALLOWING UNRESTRICTED USE OF  MULTI-OCCUPANCY
 BATHROOMS  AND  LOCKER  ROOMS BY TRANSGENDER STUDENTS UNTIL SUCH TIME AS
 THE RELEVANT FACILITIES ARE CONVERTED, RENOVATED, OR  NEWLY  CONSTRUCTED
 TO PROVIDE PRIVATE, INCLUSIVE, AND COMFORTABLE SPACES FOR ALL STUDENTS.
   (II)  THIS EXEMPTION SHALL REMAIN IN EFFECT FOR EACH INSTITUTION UNTIL
 THE COMPLETION OF THE INSTITUTION'S NECESSARY FACILITY MODIFICATIONS  AS
 DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (C)(I)  SCHOOL  DISTRICTS  AND OTHER EDUCATIONAL INSTITUTIONS SHALL BE
 ELIGIBLE FOR STATE BUILDING AID PURSUANT TO SUBDIVISION SIX  OF  SECTION
 THREE THOUSAND SIX HUNDRED TWO OF THE EDUCATION LAW TO SUPPORT THE COSTS
 OF  CONVERTING,  RENOVATING,  OR  CONSTRUCTING  BATHROOM AND LOCKER ROOM
 FACILITIES TO PROVIDE PRIVATE, INCLUSIVE, AND COMFORTABLE SPACES FOR ALL
 STUDENTS.
   (II) THE COMMISSIONER OF EDUCATION SHALL PROVIDE GUIDANCE ON  ELIGIBLE
 EXPENSES  AND  PROCEDURES  FOR  OBTAINING  STATE  BUILDING  AID FOR SUCH
 PURPOSES.
   § 3. Severability clause. If any provision of this act or its applica-
 tion to any person, legal entity, or circumstance is held  invalid,  the
 remainder  of  the  act  or  the  application  of the provision to other
 persons, legal entities or circumstances shall not be affected.
   § 4. This act shall take effect immediately.