House Bill 326: Students’ Right to Privacy Act

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Rep. David Hale

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One of the clearest principles in the U.S. Constitution is a citizen’s right to privacy – government may not intrude or set a standard allowing others to intrude on the constitutional right of privacy.  Because of this standard, ALL students have this right of privacy.

It’s particularly important for students because they have to be in school – BY LAW.  As minors, they have no choice.  So it is incumbent upon school leadership to do all it can to protect the privacy of all students when they are involved with the various school activities.

House Bill 326: The Student Right of Privacy Act gives a directive to public school administrators to reasonably accommodate the privacy rights of every student. Reasons include bullying, medical disability, identity concerns, etc.

The approach of HB 326 is refreshing because it serves ALL students.  After the “bathroom wars” of the last few years, HB 326 sets a higher standard of “privacy for all.” Previously, there was a reaction to the possibility of a biological boy being allowed in the same rest room, locker room or shower room with girl students simply because he “identified” as a girl. This reaction is understandable, but reaction is not a standard for good policy. Reaffirming the right to PRIVACY for ALL is the best standard.

Note: This bill prohibits the mixing of biological genders when students are in various states of undress while it reaches for privacy accommodations for all. The costs to the school are minimal because the bill specifically mandates “de minimis” expense.

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Click to Read Full Bill Text

Insight into Bill


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