SB561 • 2026

Public schools; reasonable accommodation based on biological sex required, civil cause of action.

<p class=ldtitle>A BILL to amend the Code of Virginia by adding a section numbered 22.1-6.2, relating to public elementary and secondary schools; bathrooms, changing facilities, and other facilities located in public schools; reasonable accommodation based on biological sex required; civil cause of action.</p>

Education Labor Privacy

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Reeves
Last action: 2026-01-29
Official status: Failed
Effective date: Not listed

Plain English Breakdown

The bill does not specify how schools will determine a person's biological sex.

Public Schools; Reasonable Accommodation Based on Biological Sex Required

This bill requires Virginia's public schools to provide reasonable accommodations based on a student’s, teacher’s, or employee’s biological sex when using bathrooms and changing facilities.

What This Bill Does

Requires public schools to provide reasonable accommodation for students, teachers, and employees who want more privacy in multi-occupancy bathrooms and changing areas designated by their biological sex.
Defines 'reasonable accommodation' as access to single-occupancy or employee bathrooms and changing facilities, but not shared spaces with the opposite sex unless required by building codes.
Establishes a process for students, teachers, and employees to request accommodations in writing from school principals and appeal denials through the school board and an impartial hearing officer.
Creates legal action for individuals who encounter members of the opposite sex in designated bathrooms or are forced to share sleeping quarters with them during school activities.

Who It Names or Affects

Students, teachers, and employees of Virginia's public schools
School principals and boards

Terms To Know

Biological sex: A person’s immutable biological sex as determined by anatomy and genetics existing at the time of birth.
Reasonable accommodation: Access to single-occupancy or employee bathrooms and changing facilities, but not shared spaces with the opposite sex unless required by building codes.

Limits and Unknowns

The bill does not specify how schools will determine a person's biological sex.
It is unclear what remedies are available if accommodations are denied without violating state or local building codes.
The bill does not address situations where federal law requires different accommodations.

Bill History

2026-01-29 Education and Health
Passed by indefinitely in Education and Health (9-Y 6-N)
2026-01-28 Senate
Fiscal Impact Statement from Department of Planning and Budget (SB561)
2026-01-22 Public Education
Assigned Education sub: Public Education
2026-01-14 Senate
Prefiled and ordered printed; Offered 01-14-2026 26100803D
2026-01-14 Education and Health
Referred to Committee on Education and Health

Official Summary Text

Public schools; bathrooms, changing facilities, and other facilities located in public schools; reasonable accommodation based on biological sex required; civil cause of action.
Requires any public school to, to the extent practicable, provide reasonable accommodation, as defined by the bill, to any student, teacher, or other employee of such public school who (i) desires greater privacy when using a multi-occupancy bathroom or changing facility located within a public school building that is designated for such student's, teacher's, or employee's sex, as defined by the bill, or when using multi-occupancy sleeping quarters while attending a public school-sponsored activity that are designated for such student's, teacher's, or employee's sex and (ii) provides a written request for reasonable accommodation to the school principal or, in the case of a student who is younger than 18 years of age, has his parent provide such written request to the school principal. The bill requires a school principal, upon receiving a written request for reasonable accommodation, to evaluate the request and, to the extent practicable, provide reasonable accommodation. The bill also requires such school principal to issue a written decision approving or denying the request for reasonable accommodation and, if denying the request, state the grounds for such denial in the written decision. The bill also provides (a) an opportunity for any student, teacher, or employee whose written request for reasonable accommodation is denied by a school principal to appeal the denial to the school board in accordance with the procedures set forth in the bill and (b) an opportunity for any student, teacher, or employee whose appeal of the principal's denial is denied by the school board to request an impartial hearing conducted by an impartial hearing officer to appeal the school board's decision in accordance with the procedures set forth in the bill. Finally, the bill creates a civil cause of action for any student, teacher, or employee who (1) as a result of the school or school board intentionally allowing a member of the opposite sex to enter a multi-occupancy bathroom or changing facility designated for such student's, employee's, or teacher's biological sex while other persons are present, encounters a member of the opposite sex while in such bathroom or facility or (2) is required by the public school to share sleeping quarters during a school-sponsored activity with a member of the opposite sex, unless such member of the opposite sex is a family member.

Current Bill Text

Read the full stored bill text

A BILL to amend the Code of Virginia by adding a section numbered
22.1-6.2
, relating to public elementary and secondary schools; bathrooms, changing facilities, and other facilities located in public schools; reasonable accommodation based on biological sex required; civil cause of action.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
22.1-6.2
as follows:

§

22.1-6.2
. Public schools; public bathrooms, changing facilities, and other facilities; reasonable accommodation based on
biological
sex required
; civil
cause of
action
.

A. As used in this section:

"Bathroom" means
a facility that includes one or more toilets or urinals.

"Changing facility" means an area in a public elementary or secondary school
building
designated or designed for use by more than one person, including public school students
, at a time where
a person may be in
a state of undress in the presence of others
. "Changing facility" includes a locker room, changing room, or shower room.

"Reasonable accommodation" includes
access to a single-occupancy
bathroom
or changing facility, or use of an employee
bathroom
or changing facility. "Reasonable accommodation" does not include (i) access to a
bathroom
or changing facility that is designated
or designed
for use
by members of the opposite sex while members of the opposite sex are or could be present; (ii) a request that a school construct, remodel, or in any way perform physical or structural changes to a school facility; or (iii) a request that a school limit access to a
bathroom
or changing facility that is
designated or
designed for use by members of the opposite sex, if
limiting
such
access would result in a violation of state or local building codes or standards.

"Sex" means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth
, as evidenced by
a government-i
ssued identification document that accurately reflects a person's sex as listed on such person's original birth certificate.

B. A public school shall, to the extent practicable, provide reasonable accommodation to any student, teacher, or other employee of such public school who
:

1. Desires greater privacy when using a multi-occupancy bathroom or changing facility
located within a public school building
that is
designated for such student's, teacher's, or employee's sex or when using multi-occupancy sleeping quarters
while attending a public school-sponsored activity
that are
designated for
such
student's, teacher's, or employee's sex
;
and

2. Provides a written request for reasonable accommodation to the school principal or, in the case of a student who is
yo
un
g
er
than
18 years
of age, has
his parent provide such written request to the school principal.

C.
Upon receiving a request for reasonable accommodation pursuant to subsection
B
, the school principal shall evaluate the request and, to the extent practicable, provide reasonable acco
mmodation. The principal shall issue a decision
in writing
approving or denying the request. If the principal denies a request
for
reasonable accommodation
, the principal shall state the grounds for such denial in the written decision.

D. If a school principal denies a request for reasonable accommodation pursuant to subsection C, t
he student, teacher, or employee or, if the student is
yo
un
g
er
than
18 years of age, such student's parent,

may appeal
the decision to the school board by submitting a written request for an appeal within 15 calendar days of receipt of the principal's written decision denying the request for reasonable accommodation. The school board shall investigate and attempt
to
resolve the
matter within 15 calendar days of the school board's receipt of the written request for an appeal
.
If the school board
, upon investigating the written request for an appeal, denies or upholds the school principal's denial of the reasonable accommodation, the student, teacher, or employee or, if the student is
yo
un
g
er
than
18 years of age, such student's parent, may
request an
appeal
of
the school board's decision by requesting a hearing on the matter
before an impartial hearing officer selected by the school board in accordance with the following procedures:

1. The student, teacher, or employee or, if the student is
yo
un
g
er
than
18 years of age,
such student's parent, shall provide
, within 15 c
alendar
days of his receipt of the school board's decision to deny or uphold the school principal's denial of the reasonable accommodation,
written notice to the school board of his request for a hearing to appeal the denial
;

2. The school board shall name an impartial hearing officer within five days following the school board's receipt of a request for a hearing pursuant to subdivision 1
. A hearing officer shall be deemed "impartial" for the purposes of this
sub
section
if the selected hearing officer has no history of employment with the applicable school board and no relationship with any member of the applicable school board or individual requesting the hearing
;

3.
The impartial hearing officer shall notify all parties of the hearing officer's assignment and schedule a hea
ring no later than 30 days following the school board's receipt of the request for a hearing pursuant to subdivision 1. The impartial hearing officer may conduct all or part of the hearing by telephone, provided that each participant has an opportunity to participate by telephone;

4. The hearing
shall be conducted privately; and

5. The impartial hearing officer shall, within 10 days of the conclusion of the hearing, provide a written decision to all parties.

E. Any studen
t, teacher, or employee of a public school or, if the student is
yo
un
g
er
than
18 years of age, a parent of any such student, shall have a
civil
cause
of
action for injunctive relief, damages, and any other relief available
under law against the public school or school board if:

1.
The
student, teacher, or employee encounters a member of the opposite sex in a multi-occupancy bathroom or changing facility located in a public school building
and (i) t
he student, teacher, or employee is in a multi-occupancy
bathroom
or changing facility d
esignated for such student's, teacher's, or employee's sex at the time of the encounter

and
(ii) t
he public school or applicable school board intentionally allowed
such
member of the opposite sex to enter the multi-occupancy bathroom or changing facility while other persons were present; or

2. The student, teacher, or employee is required by the applicable public school to share sleeping quar
ters with a member of the opposite sex, unless such member of the opposite sex is a family member of the student, teacher, or employee.

F. Any civil action brought pursuant to subsection E
shall
be initiated within one year from the date on which the claim arise
s
.
Nothing in this
sub
section or subsection E shall limit other remedies at law or equity available agains
t the public school or school board.

G. This section shall not be
construed
to prohibit any public school or school board from adopting policies necessary to accommodate individuals protected under the
federal
Americans with Disabilities Act (42 U.S.C. § 12101 et seq.
) or to accommodate any other individuals in need of physical assistance when using bathrooms or changing facilities located in public school buildings.