(a)
- (1) An allegation of noncompliance with this part shall be referred to the Professional Licensure Standards Board by filing a formal complaint.
(2) Upon the board finding noncompliance with this part, the following individuals, as applicable, shall be subject to a minimum fine of one thousand dollars ($1,000) and may receive additional sanctions as determined by the board:
- (A) The superintendent of a public school district where the noncompliance occurred, if the superintendent is found specifically to be noncompliant with this part;
- (B) The principal of a public school where the noncompliance occurred, if the principal is found specifically to be noncompliant with this part;
- (C) The director or administrative head of an open-enrollment public charter school where the noncompliance occurred, if the director or administrative head is found specifically to be noncompliant with this part; or
- (D) A teacher or supervisor of a classroom or school-sponsored activity, if the teacher or supervisor is found specifically to be noncompliant with this part.
(b) A parent, legal guardian, or person standing in loco parentis to a public school student shall have a cause of action against a public school district or an open-enrollment public charter school if:
(1) His or her public school student:
- (A) Encounters a member of the opposite sex in a public school district or open-enrollment public charter school multiple occupancy restroom or changing area that is designated for the public school student’s sex if the member of the opposite sex received permission from the public school district or open-enrollment public charter school superintendent or the public school or open-enrollment public charter school building principal to use the multiple occupancy restroom or changing area; or
- (B) Is required by a public school district or open-enrollment public charter school superintendent or the public school or open-enrollment public charter school building principal to share sleeping quarters with a member of the opposite sex who is not an immediate family member of the public school student; or
- (2) The public school district or open-enrollment public charter school is found to be noncompliant under 6 CAR § 10-102.