Which specific documents are excluded when determining a student's sex under the Student Restroom Privacy Act?
Short answer
Under Michigan House Bill 4024, also known as the Student Restroom Privacy Act, schools must determine a student’s sex using only the original birth certificate. The bill explicitly excludes amended birth certificates from this determination. It also excludes any other forms of identification that might reflect a different gender identity or updated legal status.
What the bill or law says
The text of House Bill 4024 provides a strict definition for the term "sex." According to the legislation, sex means the biological indication of male or female as listed on an individual’s original birth certificate [https://legiscan.com/MI/text/HB4024/id/3267622]. The bill clarifies that this definition relies on the record created at or near the time of birth.
Crucially, the legislation states that this definition excludes amended birth certificates. It also excludes other forms of identification that may show a different gender identity. This means that even if a student has legally changed their name or gender marker on current IDs or updated birth records, those documents do not count for the purpose of assigning restroom access under this specific proposal. The rule applies to all public educational institutions, including K-12 schools, colleges, and universities that receive state funds [https://legislature.mi.gov/Bills/Bill?ObjectName=2025-HB-4024].
How it works in practice
In a school setting, this requirement means administrators would look at the initial birth record rather than current student files or driver’s licenses to assign restroom and locker room access. If a student’s original birth certificate lists them as male, they would be required to use male-designated multiple-occupancy facilities, regardless of any subsequent legal changes or personal identity.
The bill does allow for single-occupancy restrooms to be used by individuals of either sex. This provides an alternative for students who may not wish to use the facility assigned by their original birth certificate. Additionally, there are exceptions for medical assistance, maintenance, and parental accompaniment, but these do not change the core document requirement for general daily use [https://legiscan.com/MI/text/HB4024/id/3267622].
What the source does not answer
The provided legislative text does not specify the administrative process schools must use to verify original birth certificates. It does not detail how schools should handle situations where an original birth certificate is unavailable or lost. Furthermore, the bill text does not outline penalties for non-compliance by students or staff, nor does it provide guidance on how to handle disputes regarding the authenticity of birth records. The current status of the bill is also subject to change, as it has passed the House but remains under review in the Senate [https://legislature.mi.gov/documents/2025-2026/Journal/House/htm/2025-HJ-09-04-079.htm].