Establishes immunity from civil liability for certain actions taken by private schools related to access to restrooms or changing areas

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1893
103RD GENERAL ASSEMBL Y
4531H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 160, RSMo, by adding thereto one new section relating to private school
immunity from civil liability for certain actions, with an emer gency 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 res tro om or changing area ", an area in a private school
3 building designed or designated to be used by mor e than one individual at a time and
4 wher e individuals may be in various stages of undr ess in the pr esence of other
5 individuals. The term includes, but is not limited to, a school r estroom, 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.
9 2. A private school that serves students in pr ekindergarten to grade twelve may
10 establish, to ensur e privacy and safety , one or mor e multiple-occupancy r estrooms 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.
14 3. The pr ovisions of this section shall not apply to individuals entering a
15 multiple-occupancy res tr oom or changing ar ea 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;
EXPLANA TION — 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.
19 (2) T o rend er emergency medical assistance; or
20 (3) As a par ent or guardian accompanying their child, who is eight years of age
21 or younger , with the permission of the school.
22 4. (1) No political subdivision shall adopt any ordinance, rule, or regu lation
23 pr ohibiting a private school fr om establishing one or mor e multiple-occupancy
24 r estroo ms or changing ar eas as pr ovided in this section.
25 (2) If a political subdivision adopts an ordinance, rule, or re gulation in violation
26 of subdivision (1) of this subsection, such political subdivision shall pay the attorney's
27 fees and costs incurr ed by a private school in such private school's legal defense against
28 such ordinance, rule, or reg ulation.
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 emer gency act within the meaning of the constitution, and section
5 A of this act shall be in full force and ef fect upon its passage and approval.
✔
HCS HB 1893 2