UM Flint unisex bathroom.jpg

A bill would require parental notification when students prefer to use restrooms other than those that correspond with their biological sex, as well as control which restrooms those students could use. Pictured is a unisex bathroom on the third floor of University of Michigan-Flint's French Hall.

(Sarah Schuch | MLive.com)

LANSING, MI -- Student bathrooms would be reserved for students of that biological sex at Michigan schools under legislation introduced by Sen. Tom Casperson, R-Escanaba, on Wednesday.

Under the bill school districts would have to make other accommodations for students whose parents assert in writing that their child identifies as a different gender than his or her biological sex. They could use a unisex bathroom, single bathroom or staff bathroom, but not a restroom, locker room or shower room designated for use by pupils of the opposite sex.

For off-campus activities students could only use restrooms and locker rooms that correspond with their biological sex.

The legislation was prompted by a draft, voluntary LGBT guidance from the State Board of Education. Casperson said the new legislation isn't about bathrooms, but the important issue to him is parental rights. The Board of Education guidance would have allowed students to change restroom use without parental notification.

"The fact that they would allow a child to say 'I don't want my mom and dad to know' that they're taking such a big leap in life... is unacceptable," Casperson said.

Some have questioned the legislation's legality.

He first talked about the legislation in March, but formally introduced it on Wednesday. It didn't get a warm reception from advocacy groups.

"The last thing we need is Michigan Republicans like Tom Casperson policing student bathrooms and locker rooms and putting Michigan back in the national spotlight for again refusing to protect marginalized people in our state," said Lonnie Scott, executive director of liberal advocacy group Progress Michigan.

"Transgender students -- like all students -- deserve respect and equal treatment, they don't need conservatives like Tom Casperson telling them how, when and where to use public facilities," he added.

Casperson refuted any allegations that the legislation was anti-LGBT, saying it looked out for all children.

"I'm concerned about all the kids, and everybody has the right to some type of privacy," Casperson said.

In crafting it he looked at how two school districts in his Senate district had handled the issue and said this approach had worked.

The bill was referred to the Senate Government Operations Committee, a place bills typically go to languish. Casperson said he was doing what he could do, and if somebody else didn't move it they'd be responsible for that.

Emily Lawler is a Capitol reporter on MLive's statewide Impact Team. You can reach her at elawler@mlive.com, subscribe to her on Facebook or follow her on Twitter: @emilyjanelawler.