(a) To ensure privacy and safety, each public school district and open-enrollment public charter school that serves students in prekindergarten through grade twelve (preK-12) in this state shall:

1. (1) Require each multiple occupancy restroom or changing area to be designated as follows:

   1. (A) For the exclusive use by the male sex; or
   2. (B) For the exclusive use by the female sex; and

2. (2)

   1. (A) Provide a reasonable accommodation to an individual who is unwilling or unable to use a multiple occupancy restroom or changing area designated for the individual’s sex.
   2. (B) As provided in Arkansas Code § 6-21-120, a reasonable accommodation shall not include access to a restroom or changing area that is designated for use by members of the opposite sex to an individual while members of the opposite sex of the individual are present or may be present in the restroom or changing area.

(b) The provision of subsection (a) of this section does not apply to an individual who enters a multiple occupancy restroom or changing area designated for use by the opposite sex when he or she enters for at least one (1) of the following circumstances:

1. (1) For custodial, maintenance, or inspection purposes;
2. (2) To render emergency medical assistance; or
3. (3) To address an ongoing emergency, including without limitation a physical altercation.

(c)

1. (1) A public school district or open-enrollment public charter school may adopt a policy that is necessary to accommodate individuals protected under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, as it existed on January 1, 2023, or young children who are in need of physical assistance when using a restroom or changing facility that is located in a public school district or open-enrollment public charter school.
2. (2) However, a public school district or open-enrollment public charter school that serves students in prekindergarten through grade twelve (preK-12) in this state shall not adopt a policy under this part that is contrary to Arkansas Code § 6-21-120.
3. (3) The provisions of this part shall not apply to nurses, paraprofessionals, or other personnel providing services required by a student’s individualized education program.