§ 72-6286 — School district sponsored travel; overnight accommodations for students; required policy of separate accommodations by biological sex

(a) The board of education of each school district shall adopt a policy requiring that separate overnight accommodations be provided for students of each biological sex during school district sponsored travel that requires overnight stays by students. Such policy shall be provided to parents prior to a student's participation in an activity or travel that requires overnight stays by students.
(b) Any student who is subject to retaliation or other adverse action by a school district or any employee thereof as a result of reporting a violation of this section shall have a private cause of action for injunctive relief, damages and any other relief available under law against such school district. All civil actions shall be initiated within two years after the harm occurred. Students who prevail on a claim brought pursuant to this section shall be entitled to monetary damages, including for any psychological, emotional and physical harm suffered, reasonable attorney fees and costs and any other appropriate relief.
(c) As used in this section:
(1) "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen or subjective experience of gender;
(2) "school district sponsored travel" means any travel that is necessary for students to attend, participate or compete in any event or activity that is sponsored or sanctioned by a school operated by the school district, including, but not limited to, any travel that is organized:
(A) By any club or other organization recognized by the school;
(B) through any communication facilitated by the school, such as email; or
(C) through fundraising activities conducted, in whole or in part, by school district employees or on school district property.

Legislative History

L. 2023, ch. 87, § 1; July 1.