§ 35292.5. — 35292.5. (Amended by Stats. 2023, Ch. 227, Sec. 3.)

California § 35292.5.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 3.
• Title 2.: DIVISION 3. LOCAL ADMINISTRATION
• Part 21.: PART 21. LOCAL EDUCATIONAL AGENCIES
• Ch. 2.: CHAPTER 2. Governing Boards
• Art. 10.: ARTICLE 10. School Maintenance

Text

(a)
Every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, shall comply with all of the following:
(1)
Every restroom shall at all times be maintained and cleaned regularly, fully operational, and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers.
(2)
The school shall keep all restrooms open during school hours when pupils are not in classes, and shall keep a sufficient number of restrooms open during school hours when pupils are in classes.
(b)
(1)
On or
before July 1, 2026, each school district, county office of education, and charter school, including charter schools operating in a school district facility pursuant to Section 47614, maintaining any combination of classes from grades 1 to 12, inclusive, shall comply with the following for each of its schoolsites that, before July 1, 2026, has more than one female restroom and
more than one male restroom designated exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten:
(A)
Provide and maintain at least one all-gender restroom for pupil use that meets the following requirements:
(i)
Has signage identifying the bathroom facility as being open to all genders and in conformity with Title 24 of the California Code of Regulations.
(ii)
Is available for pupil use, consistent with the requirements of subdivision (a), as unlocked, unobstructed, easily accessible by any pupil, and consistent with existing pupil access to sex-segregated
restrooms.
(iii)
Is consistent with the requirements pursuant to Section 35292.6.
(iv)
Is available during school hours and school functions when pupils are present.
(B)
Designate a staff member to serve as a point of contact for implementation of this section.
(C)
Post a notice regarding the requirements of this paragraph in a prominent and conspicuous location outside at least one all-gender restroom, including contact information for the person designated as a point of contact pursuant to subparagraph (B).
(2)
A school district, county office of education, or charter school may use an
existing restroom to satisfy the requirements of this subdivision if it ensures that all pupils have restrooms that are in easily accessible locations and the existing restroom otherwise complies with the requirements in paragraph (1).
(3)
This subdivision shall be subject to compliance review pursuant to Section 253.
(4)
The department shall post on its internet website guidance for implementation of this subdivision, including, but not limited to, examples of signage and best practices.
(5)
This subdivision shall not supplant subdivision (f) of Section 221.5. Use of an all-gender restroom by a pupil shall be voluntary and pupils
shall not be required to use an all-gender restroom.
(6)
This subdivision shall not preclude a schoolsite that does not have more than one female restroom and more than one male restroom designated exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten, from identifying and making easily accessible, a restroom for pupil use that satisfies the requirements of this subdivision.
(c)
Notwithstanding subdivisions (a) and (b), a school may temporarily close a restroom as necessary (1) for
a documented
pupil safety
concern, (2) for an immediate threat to pupil safety, or (3) to repair the facility.

Legislative History

Amended by Stats. 2023, Ch. 227, Sec. 3. (SB 760) Effective January 1, 2024.