Does Michigan HB 4024 restrict access to single-occupancy restrooms based on biological sex?

Short answer

No. According to the text of Michigan House Bill 4024, the proposed law does not prohibit educational institutions from allowing single-occupancy restrooms or changing areas to be used by individuals of either sex [https://legiscan.com/MI/text/HB4024/id/3267622]. The restrictions on facility access based on biological sex apply specifically to multiple-occupancy spaces.

What the bill or law says

House Bill 4024, known as the Student Restroom Privacy Act, defines its scope carefully. It mandates that multiple-occupancy restrooms, locker rooms, and changing areas be used only by individuals whose sex matches the designation on their original birth certificate [https://legiscan.com/MI/text/HB4024/id/3267622]. The bill defines sex strictly as the biological indication of male or female recorded at or near the time of birth.

However, the legislation includes a specific provision regarding private facilities. The text explicitly states that it does not prohibit educational institutions from allowing single-occupancy restrooms or changing areas to be used by individuals of either sex [https://legiscan.com/MI/text/HB4024/id/3267622]. This means that if a restroom is designed for one person at a time and has a lock, the bill does not impose the same biological sex requirement that applies to shared spaces.

How it works in practice

Under this proposal, public educational institutions would need to distinguish between shared and private facilities. For shared spaces, such as a locker room with multiple stalls or a restroom with several sinks and toilets, access would be determined by the sex listed on a student’s original birth certificate [https://legiscan.com/MI/text/HB4024/id/3267622].

For single-occupancy facilities, schools would retain the discretion to allow use by any student, regardless of their biological sex. This provision ensures that private, lockable facilities remain available for any student who prefers them or needs them for privacy reasons. The bill does not mandate that schools create more single-occupancy restrooms, but it protects the ability of schools to offer them as an inclusive option without violating the new rules for shared spaces.

What the source does not answer

The provided legislative text does not specify whether schools will be required to label single-occupancy restrooms as gender-neutral or if they can maintain existing signage. It also does not detail how schools should handle situations where a single-occupancy restroom is out of order, forcing a student to use a multiple-occupancy facility. Additionally, the bill text does not address whether there are funding provisions to help schools build more single-occupancy facilities if demand increases.

Sources