HB 1893

SECOND REGULAR SESSION
  HOUSE COMMITTEE SUBSTITUTE FOR
  HOUSE BILL NO. 1893
  103RD GENERAL ASSEMBLY
 4531H.02C  JOSEPH ENGLER, Chief Clerk
  AN ACT
 To amend chapter 160, RSMo, by adding thereto one new section relating to private school
  immunity from civil liability for certain actions, with an emergency clause.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
  Section A. Chapter 160, RSMo, is amended by adding thereto one new section, to be
2 known as section 160.231, to read as follows:
  160.231. 1. As used in this section, the following terms mean:
2(1) "Multiple-occupancy restroom or changing area", an area in a private school
3 building designed or designated to be used by more than one individual at a time and
4 where individuals may be in various stages of undress in the presence of other
5 individuals. The term includes, but is not limited to, a school restroom, locker room,
6 changing room, or shower room;
7(2) "Sex", the physical condition of being male or female based on genetics and
8 physiology as identified on the individual's original birth certificate.
92. A private school that serves students in prekindergarten to grade twelve may
10 establish, to ensure privacy and safety, one or more multiple-occupancy restrooms or
11 changing areas designated as follows:
12(1) For the exclusive use of the male sex; or
13(2) For the exclusive use of the female sex.
143. The provisions of this section shall not apply to individuals entering a
15 multiple-occupancy restroom or changing area designated for use by the opposite sex
16 when entering:
17(1) For custodial or maintenance purposes, or for the purpose of facility
18 inspection when not occupied;
 EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
 intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HCS HB 1893  2
19(2) To render emergency medical assistance; or
20(3) As a parent or guardian accompanying their child, who is eight years of age
21 or younger, with the permission of the school.
224. (1) No political subdivision shall adopt any ordinance, rule, or regulation
23 prohibiting a private school from establishing one or more multiple-occupancy
24 restrooms or changing areas as provided in this section.
25(2) If a political subdivision adopts an ordinance, rule, or regulation in violation
26 of subdivision (1) of this subsection, such political subdivision shall pay the attorney's
27 fees and costs incurred by a private school in such private school's legal defense against
28 such ordinance, rule, or regulation.
  Section B. Because immediate action is necessary to protect private schools from
2  liability and allow preparation for the 2026-27 school year, section A of this act is deemed
3  necessary for the immediate preservation of the public health, welfare, peace, and safety, and
4  is hereby declared to be an emergency act within the meaning of the constitution, and section
5  A of this act shall be in full force and effect upon its passage and approval.
  ✔