Utah Code » Title 63G, Chapter 31 — Distinctions on the Basis of Sex; part 63G-31-3 — Sex-based Distinctions in Privacy Spaces
Utah Code

Utah Code § 63G-31-301 (2026)

Sex-designated privacy spaces in public schools

✓ current as of May 2026
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To preserve the individual privacy of male and female students in the public education system, a student may only access an operational sex-designated privacy space within a public school that is designated for student use if the student's sex corresponds with the sex designation of the privacy space.
For a student who makes a request to use a privacy space other than the sex-designated privacy space that corresponds with the student's sex because of the student's gender identity, as defined in Section 34A-5-102, or reasonable fear of bullying, the local education agency, as defined in Section 53E-1-102, shall coordinate with the student's parent or legal guardian to develop a privacy plan that provides the student with:
reasonable access to a unisex or single-occupant facility; or
reasonable access to a faculty or staff restroom; or
if the access described in Subsection (2)(a) is unavailable, reasonable access to private use of an otherwise sex-designated privacy space through staggered scheduling or another policy provision that provides for temporary private access.
An LEA satisfies the LEA's duties regarding student use of a privacy space under this chapter if the LEA:
gives notice to students of the provisions of this section;
takes administrative action to address violations of and promote compliance with this section; and
develops a privacy plan in accordance with Subsection (2).
An individual may use, as a defense to an allegation that the student is not eligible to access and use a sex-designated privacy space under Subsection (1), the student's unamended birth certificate that corresponds with the sex designation of privacy space, which may be supported with a review of any amendment history obtained under Section 26B-8-125.
Subsection (1) does not apply to:
a unisex or single-occupant facility; or
an intersex individual.
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Kansas, State of v. United States Dep't of Educ. (D. Kan. 2024).
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Kansas, State of v. United States Dep't of Educ. (D. Kan. 2024). “040 (requiring that schools provide showers, toilets, and training-room facilities for both sexes for athletic or recreational purposes): Utah Code Ann. § 63G-31-301(1) (restrooms and changing rooms must correspond to the student’s sex); and Wyo.”
— Utah Code § 63G-31-301(1) — 1 case
Kansas, State of v. United States Dep't of Educ. (D. Kan. 2024). “040 (requiring that schools provide showers, toilets, and training-room facilities for both sexes for athletic or recreational purposes): Utah Code Ann. § 63G-31-301(1) (restrooms and changing rooms must correspond to the student’s sex); and Wyo.”
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