How the bathroom rule applies to schools

OLYMPIA — All over Washington state, controversy has surrounded two bills that seek to address the transgender bathroom rule. The Human Rights Commission (HRC) rule, WAC 162-32-060, allows transgender individuals to enter gender-segregated facilities, such as bathrooms or locker rooms, that correspond to their gender identity. The rule prohibits the requirement to use a facility that is inconsistent with the individual’s gender identity. The rule covers all public accommodations, including schools, according to Laura Lindstrand, a policy analyst for the HRC. Lindstrand said the only schools exempted from this rule are religious educational institutions.

A draft rule originally had slightly different requirements for schools, said Lindstrand. However, she said the commission changed the rule after public comments demonstrated a strong opposition to the requirements being different. She also said the Office of Superintendent of Public Instruction (OSPI) was changing their guidance in the matter, and the HRC wanted the rules to be consistent with each other.

The current OSPI guidelines state “public schools must allow students to use the restroom that corresponds to their gender identity.” The guidelines are the same for locker rooms unless “the situation demands that a student’s privacy be protected.”

There are currently two bills in the Senate that are opposing this rule. Senate Bill 6443 would repeal the HRC rule and prohibit the commission from making a rule involving the subject of gender-segregated facilities.

Senate Bill 6548 would allow public and private entities to not allow individuals to enter a gender-segregated facility that does not correspond to their genitalia. This includes transgender individuals who are preoperative or non-operative.

Both bills have been passed out of their respective committees to the Rules Committee to determine if they will be placed in the House floor.