Senate committee restores original language on restroom use, adds disability exemption and grandfather clause to bill 1144

A state Senate committee on [date not specified] amended House Bill 1144 to return the measure “back to its original form,” add an explicit exemption for students covered by the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act or the Americans with Disabilities Act, and include a grandfather clause for facilities that existed before July 1, 2025.

The committee also decided to take the bill to a conference committee and planned to reconvene with Legislative Counsel and school representatives to resolve remaining language questions, including whether to remove the word “shower” from an early draft and whether the term “individual” or “student” should be used in specific lines.

Representative Freilich, who presented the amendment from Legislative Counsel, said the change restored language the Senate had removed and added a protocol clarifying that a parent should first submit a complaint to a school district under a new subsection before appealing to the attorney general. “They just wanted to make it clear, what that protocol would be, and they wanted to make sure parents would involve the schools first,” Freilich said.

Freilich and other committee members also described adding a disability exemption in subsection 4 so that a student who “requires an accommodation under the Federal Individuals with Disabilities Education Act, section 504 of the Federal Rehabilitation Act, [or] the Federal Americans with Disabilities” would be exempt from the subsection’s restroom designation requirement. The transcript records the committee agreeing that exemption was intended to address situations such as students on individualized education programs who need assistance in bathrooms.

Bill Twit, the bill’s prime sponsor and a House member identified in committee as representing District 33, told the panel the bill’s title and line references make clear the measure addresses “transgender student accommodations and restroom use in public schools.” “I think the intent and I appreciate the question… the clarification that you need is probably located in line 2 of page 1,” Twit said, adding that the language addresses restroom use within the public school system.

Several senators asked for clarifications about draft language that read, in part, that a “restroom or shower room on school grounds, which is accessible by multiple individuals at 1 time must be designated for use exclusively for males or exclusively for females.” Senators questioned whether the reference to “shower room” was necessary and whether the requirement would prevent a small school from temporarily designating locker rooms for visiting teams during athletic events. Senator Lam and others said the committee’s intent was not to prevent temporary redesignation for short-term events; Representative Freilich said placing a temporary sign designating a room for a particular team would satisfy the bill’s requirement as written.

Committee members also debated whether the bill’s operative text should use the word “individual” (which would cover students, faculty and other adults) or “student” in specific lines. Senator Bushey asked whether faculty or staff restrooms could be affected; committee members said they would consult Legislative Counsel and school associations for clarification.

The panel discussed whether to restore an emergency clause; Freilich said the sponsor preferred to have the emergency clause back in the bill but that the committee had no strong objection either way. Because another meeting conflicted with the committee’s schedule, members agreed to adjourn and reconvene with Legislative Counsel present to resolve outstanding drafting questions.

No formal roll-call vote on final passage is recorded in the transcript provided. The committee’s recorded actions in the transcript were limited to adopting the described amendments, agreeing to pursue conference committee review and scheduling a follow-up meeting with Legislative Counsel and school representatives.