Senate Bill S7489

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7489
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2025
                                ___________
 
 Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to provide for temporary exemptions to  educational  institutions
   from  certain requirements related to the use of multi-occupancy bath-
   rooms and locker rooms; and to authorize 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. Definitions. For the purposes of this act,  the  following  terms
 shall have the following meanings:
   (a)  "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.
   (b)  "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.
   (c) "Private, inclusive, and comfortable space" means  a  bathroom  or
 locker  room  facility  designed to allow all students access to privacy
 and inclusivity regardless of gender identity or  expression,  including
 but not limited to single-occupancy or individually partitioned spaces.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11678-01-5
 S. 7489                             2
 
              

   (d)  "Transgender"  means  a person whose gender identity differs from
 the gender identity typically associated with the sex they were assigned
 at birth.
   §  3.  Temporary  exemption.  (a)  All educational institutions in the
 state shall be temporarily exempt  from  any  state-imposed  requirement
 pursuant  to  subdivision  four of section two hundred ninety-six of the
 executive law 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.
   (b)  This  exemption shall remain in effect for each institution until
 the completion of the necessary facility modifications as  described  in
 subdivision (a) of this section.
   §  4. Funding. (a) 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.
   (b)  The  commissioner of education shall provide guidance on eligible
 expenses and procedures  for  obtaining  state  building  aid  for  such
 purposes.
   § 5. 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.
   § 6. This act shall take effect immediately.