SB 760: School facilities: all-gender restrooms.

Existing law requires every restroom of every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, to be maintained and cleaned regularly, fully operational, and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers, and kept open during school hours when pupils are not in classes. Existing law requires that a sufficient number of restrooms be kept open during school hours when pupils are in classes. Existing law authorizes a school to temporarily close a restroom as necessary for pupil safety or as necessary to repair the facility.

This bill would revise the conditions under which a restroom is authorized to be temporarily closed to instead be as necessary (1) for a documented pupil safety concern, (2) for an immediate threat to pupil safety, or (3) to repair the facility. The bill would require, 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, maintaining any combination of classes from grades 1 to 12, inclusive, to provide and maintain at least one all-gender restroom for voluntary pupil use at each of its schoolsites that meet specified criteria. The bill would require the all-gender restroom to meet certain requirements, including, among other things, that it has signage identifying the bathroom facility as being open to all genders and is unlocked, unobstructed, and easily accessible by any pupil. The bill would require the local educational agency to designate a staff member to serve as a point of contact for these purposes and to post a notice regarding these requirements in a prominent and conspicuous location outside at least one all-gender restroom. The bill would require these requirements to be subject to compliance review, as specified. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program. The bill would authorize a local educational agency to use an existing restroom to satisfy these requirements, as provided. The bill would require the State Department of Education to post on its internet website guidance for implementation of these provisions.

Existing law, the Leroy F. Greene School Facilities Act of 1998 (the Greene Act), requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for the construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition.

This bill would require the governing board of a school district, a county board of education, or the governing body of a charter school that applies for state funding pursuant to the Greene Act for a school modernization project to include, as part of the modernization project, an all-gender restroom designed exclusively for pupil use for specified schoolsites, as provided. The bill would provide that these provisions apply only to those projects that are submitted for approval on or after July 1, 2026.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.