Education - As enacted, enacts the "Tennessee Accommodations for All Children Act." - Amends TCA Title 49.
HB1233 has been assigned Public Chapter Number 452 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB1233Date
    Effective date(s) 07/01/202105/19/2021
    Pub. Ch. 45205/19/2021
    Signed by Governor.05/14/2021
    Transmitted to Governor for his action.05/04/2021
    Signed by Senate Speaker05/03/2021
    Signed by H. Speaker04/30/2021
    Enrolled; ready for sig. of H. Speaker.04/27/2021
    H. concurred in S. am. no. SA1 Ayes 70, Nays 22 PNV 0 HB123304/26/2021
    H. Placed on Message Calendar for 4/26/2104/22/2021
    Passed Senate as amended, Ayes 23, Nays 7, PNV 304/21/2021
    Senate adopted Amendment (Amendment 1 - SA0140)04/21/2021
    Senate substituted House Bill for companion Senate Bill.04/21/2021
    Received from House, Passed on First Consideration04/21/2021
    Engrossed; ready for transmission to Sen.04/20/2021
    Passed H., as am., Ayes 65, Nays 24, PNV 004/19/2021
    Sponsor(s) Added.04/19/2021
    H. adopted am. (Amendment 1 - HA0086)04/19/2021
    H. Placed on Regular Calendar for 4/19/202104/15/2021
    Placed on cal. Calendar & Rules Committee for 4/15/202104/14/2021
    Rec. for pass; ref to Calendar & Rules Committee04/13/2021
    Placed on cal. Finance, Ways, and Means Committee for 4/13/202104/07/2021
    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee04/07/2021
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/7/202103/31/2021
    Action Def. in s/c Finance, Ways, and Means Subcommittee to 4/7/202103/24/2021
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 3/24/202103/18/2021
    Assigned to s/c Finance, Ways, and Means Subcommittee03/17/2021
    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee03/17/2021
    Placed on cal. Education Administration for 3/17/202103/10/2021
    Rec for pass if am by s/c ref. to Education Administration03/09/2021
    Placed on s/c cal K-12 Subcommittee for 3/9/202103/03/2021
    Assigned to s/c K-12 Subcommittee02/24/2021
    P2C, ref. to Education Administration02/24/2021
    Sponsor(s) Added.02/24/2021
    Intro., P1C.02/22/2021
    Filed for introduction02/11/2021
    Actions For SB1367Date
    Comp. became Pub. Ch. 45205/19/2021
    Sponsor(s) Added.04/21/2021
    Companion House Bill substituted04/21/2021
    Placed on Senate Regular Calendar for 4/21/202104/19/2021
    Senate Reset on calendar for 4/21/202104/19/2021
    Placed on Senate Regular Calendar for 4/19/202104/16/2021
    Senate Reset on calendar for 4/19/202104/05/2021
    Placed on Senate Regular Calendar for 4/5/202104/01/2021
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 1 PNV 203/24/2021
    Placed on Senate Education Committee calendar for 3/24/202103/18/2021
    Passed on Second Consideration, refer to Senate Education Committee02/22/2021
    Introduced, Passed on First Consideration02/11/2021
    Filed for introduction02/11/2021
  • AmendmentsFiscal Memos
    HA0086Amendment 1-0 to HB1233Fiscal Memo for HA0086 (4834)  
    AmendmentsFiscal Memos
    SA0140Amendment 1-1 to SB1367Fiscal Memo for SA0140 (5960)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB1233

  • Fiscal Summary

    Other Fiscal Impact - The proposed language may result in increases in state and local expenditures associated with compliance measures and potential civil litigation; however, due to multiple unknown factors, a precise fiscal impact cannot be determined.


    Bill Summary

    This bill requires a public school to provide a reasonable accommodation to a person who:

    (1) For any reason, is unwilling or unable to use a multi-occupancy restroom or changing facility designated for the person's sex and located within a public school building, or multi-occupancy sleeping quarters while attending a public school-sponsored activity; and

    (2) Provides a written request for a reasonable accommodation to the public school.

    This bill states that it will not prohibit public schools from adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act, or young children in need of physical assistance when using restrooms or changing facilities located in public schools.

    Under this bill, a person whose written request for a reasonable accommodation is denied by the public school will have a private right of action against the public school unless the public school can demonstrate that accommodation causes an undue hardship. A person has a private right of action when the person has given written notice in accordance with this bill, but the person:

    (1) Later encounters a person of the opposite sex in a multi-occupancy restroom or changing facility designated for the person's sex and located in a public school building; or

    (2) Is required by the public school to share sleeping quarters with the opposite sex, unless the persons are members of the same family.

    A civil action brought pursuant to this bill must be initiated within two years of the date on which the claim arose. A person aggrieved under this bill who prevails in court may recover monetary damages for all psychological, emotional, and physical harm suffered. A person who prevails on a claim brought pursuant to this bill will be entitled to recover reasonable attorney fees and costs.

    ON APRIL 19, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1233, AS AMENDED.

    AMENDMENT #1 revises various provisions of this bill, as follows:

    (1) Revises the basis for making a reasonable accommodation to apply when the student, teacher, or employee:

    (A) Desires greater privacy when using a multi-occupancy restroom or changing facility designated for the person's sex and located within a public school building, or when using multi-occupancy sleeping quarters designated for the person's sex while the person is attending a public school-sponsored activity; and

    (B) Provides a written request for a reasonable accommodation to the school principal. If the person requesting a reasonable accommodation is under 18 years of age, then the person's parent or legal guardian must provide the written request on the person's behalf;

    (2) Requires the school principal to evaluate the request on behalf of the public school and, to the extent practicable, provide a reasonable accommodation;

    (3) Establishes an appeals process person may utilize when a request for reasonable accommodation is denied. The denial by the principal may be appealed to the director of schools, and a denial by the director of schools may be appealed to a hearing officer. This amendment sets out in detail the process for such appeals;

    (4) Revises the private right of action under this bill so that, under this amendment, a person will have a private right of action if:

    (A) The person encounters a member of the opposite sex in a multi-occupancy restroom or changing facility located in a public school building; the person is in a multi-occupancy restroom or changing facility designated for the person's sex; and the LEA or public school intentionally allowed a member of the opposite sex to enter the multi-occupancy restroom or changing facility while other persons were present; or

    (B) The person is required by the public school to share sleeping quarters with persons of the opposite sex, unless the persons are members of the same family; and

    (5) Reduces the statute of limitations for a civil action under this bill from two years to one year from the date on which the claim arose.

    ON APRIL 21, 2021, THE SENATE SUBSTITUTED HOUSE BILL 1233 FOR SENATE BILL 1367, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1233, AS AMENDED.

    AMENDMENT #1 incorporates the changes made by House Amendment #1 and:

    (1) Clarifies that this bill's provisions apply to students, teachers, and employees of public schools, rather than any person;

    (2) Adds a requirement that a principal issue a decision approving or denying a request for a reasonable accommodation in writing. If the principal denies the request, then the grounds for denial must be provided in the principal's written decision; and

    (3) Clarifies that this bill does not have retroactive effect by making this bill applicable to private rights of action accruing on or after July 1, 2021.

  • FiscalNote for HB1233/SB1367 filed under HB1233

  • House Floor and Committee Votes

    HB1233 by Zachary - FLOOR VOTE: MESSAGE CALENDAR CONCUR IN SENATE AMENDMENT # 1 4/26/2021
    Passed
              Ayes...............................................70
              Noes...............................................22

              Representatives voting aye were: Alexander, Baum, Boyd, Bricken, Calfee, Campbell S, Carr, Carringer, Casada, Cepicky, Cochran, Crawford, Curcio, Darby, Doggett, Eldridge, Faison, Farmer, Gant, Garrett, Gillespie, Griffey, Grills, Halford, Hall, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Mannis, Marsh, Moody, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton J, Shaw, Sherrell, Smith, Sparks, Terry, Todd, Travis, Vaughan, Warner, Weaver, White, Williams, Windle, Wright, Zachary, Mr. Speaker Sexton C -- 70.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Dixie, Freeman, Hakeem, Hardaway, Harris, Hodges, Jernigan, Johnson G, Lamar, Love, McKenzie, Miller, Mitchell, Parkinson, Powell, Stewart, Thompson, Towns -- 22.

    HB1233 by Zachary - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/19/2021
    Passed
              Ayes...............................................65
              Noes...............................................24

              Representatives voting aye were: Alexander, Baum, Boyd, Bricken, Campbell S, Carr, Carringer, Casada, Cepicky, Cochran, Crawford, Darby, Doggett, Eldridge, Faison, Farmer, Gant, Garrett, Gillespie, Grills, Halford, Hall, Haston, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moody, Moon, Parkinson, Powers, Ragan, Reedy, Rudd, Rudder, Russell, Sexton J, Sherrell, Smith, Sparks, Terry, Todd, Vaughan, Warner, Weaver, White, Williams, Windle, Wright, Zachary, Mr. Speaker Sexton C -- 65.
              Representatives voting no were: Beck, Calfee, Camper, Chism, Clemmons, Cooper, Dixie, Freeman, Griffey, Hakeem, Hardaway, Harris, Hodges, Jernigan, Johnson G, Lamar, Love, McKenzie, Miller, Mitchell, Powell, Shaw, Thompson, Towns -- 24.

    HB1233 by Zachary - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/19/2021
    Passed
              Ayes...............................................65
              Noes...............................................24

              Representatives voting aye were: Alexander, Baum, Boyd, Bricken, Calfee, Campbell S, Carr, Carringer, Casada, Cepicky, Cochran, Crawford, Darby, Doggett, Eldridge, Faison, Farmer, Gant, Garrett, Gillespie, Grills, Halford, Hall, Haston, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moody, Moon, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton J, Sherrell, Smith, Terry, Todd, Vaughan, Warner, Weaver, White, Williams, Windle, Wright, Zachary, Mr. Speaker Sexton C -- 65.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Cooper, Dixie, Freeman, Griffey, Hakeem, Hardaway, Harris, Hodges, Jernigan, Johnson G, Lamar, Love, Mannis, McKenzie, Miller, Mitchell, Parkinson, Powell, Thompson, Towns -- 24.

              HB1233 by Zachary - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/19/2021 4/15/2021
              Voice Vote - Ayes Prevail

              HB1233 by Zachary - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
    Rec. for pass; ref to Calendar & Rules Committee 4/13/2021
              Voice Vote - Ayes Prevail Rep(s). Freeman requested to be recorded as voting No

              HB1233 by Zachary - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee 4/7/2021
              Voice Vote - Ayes Prevail

              HB1233 by Zachary - HOUSE EDUCATION ADMINISTRATION COMMITTEE:
    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee 3/17/2021
              Voice Vote - Ayes Prevail Rep(s). Clemmons requested to be recorded as voting No

              HB1233 by Zachary - K-12 SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Education Administration 3/9/2021
              Voice Vote - Ayes Prevail Rep(s). Clemmons requested to be recorded as voting No

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB1233

    HB1233 by Zachary - FLOOR VOTE: as Amended Third Consideration 4/21/2021
    Passed
              Ayes...............................................23
              Noes................................................7
              Present and not voting...................3

              Senators voting aye were: Bailey, Bell, Bowling, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Kelsey, Massey, Niceley, Pody, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Watson, White, Yager, Mr. Speaker McNally -- 23.
              Senators voting no were: Akbari, Campbell, Gilmore, Kyle, Robinson, Walley, Yarbro -- 7.
              Senators present and not voting were: Briggs, Lundberg, Powers -- 3.

    SB1367 by Bell - SENATE EDUCATION COMMITTEE:
    Recommended for passage, refer to Senate Calendar Committee 3/24/2021
    Passed
              Ayes................................................6
              Noes................................................1
              Present and not voting...................2

              Senators voting aye were: Bell, Crowe, Haile, Hensley, Kelsey, White -- 6.
              Senators voting no were: Akbari -- 1.
              Senators present and not voting were: Lundberg, Powers -- 2.