Latest news: ‘Bathroom bill’ fast-tracked to House
The full House will hear Sub Bill for SB 244 on Wednesday, Jan. 28, 2026.
Bill would require people to use facility matching their biological sex at birth
By Ann Marie Bush
KNEA Director of Communications
The House Judiciary Committee on Monday, Jan. 26, approved an expanded bill that would require anyone using a multi-occupancy bathroom in government-owned buildings, including schools, to use the facility that matches their biological sex at birth.
The Judiciary Committee originally voted to rework House Bill 2426, which would require Kansas drivers to use their biological sex at birth on their driver’s licenses and birth certificates. Garden City Rep. Bob Lewis authored the bathroom amendment shortly after the committee began working on HB 2426.
In a procedural “gut and go,” the committee moved both the driver’s license and restroom provisions into Senate Bill 244, and it is now called Sub Bill for SB 244. It will go to the full House on Wednesday, Jan. 28, for consideration.
If it is approved there, the Senate would only need to concur with the House Substitute for SB 244 before it is sent to Gov. Laura Kelly. If the Senate doesn’t concur, the bill could go to a conference committee.
Typically, the legislative process includes public hearings on bills, giving Kansans — both supporters and opponents — the opportunity to weigh in. That didn’t happen with the “bathroom bill” language.
House Substitute for SB 244 would require Kansas government buildings to designate multi-occupancy private spaces, such as restrooms, locker rooms and changing rooms, as either male or female. Individuals would have to visit the facility that matches their biological sex at birth.
Criminal and civil penalties for violations could be imposed. Government entities that fail to comply could face civil penalties of $25,000 for a first violation and $125,000 for subsequent violations. Individuals who enter spaces designated for the opposite sex could receive written warnings for a first offense, $1,000 fines for a second offense, and misdemeanor charges for third or subsequent violations. The bill also provides a civil cause of action for monetary damages and attorney fees against violators by individuals harmed or aggrieved by the invasion of privacy.
The bill includes exceptions for allowing people to enter opposite-sex bathrooms, including custodial work, maintenance, medical emergencies, assisting someone who needs help, law enforcement purposes, or safety threats. Children under 12 may also enter opposite-sex spaces when accompanied by a caregiver. Coaching and athletic training may also enter during athletic events provided they ensure no individual of the opposite sex is in a state of undress prior to entering.
The legislation also mandates that any driver's license or birth certificate issued before July 1, 2026, that lists a sex or gender designation inconsistent with the person's biological sex at birth will be invalidated. State agencies must correct their records and reissue documents with the biological sex designation.
Additionally, the bill amends state law to define "sex" and "gender" as synonymous terms meaning biological sex at birth. It removes the separate definition of "gender" from the Help Not Harm Act, which previously defined gender as the psychological and social aspects of being male or female.
Senate Bill 180 – referred to as the “Women’s Bill of Rights” – was passed by the Legislature in 2023. The bill defined a person’s sex as their biological sex at birth, and it became caught up in a legal battle with Kelly’s administration when Attorney General Kris Kobach utilized the law to attempt to ban gender marker changes on driver’s licenses and birth certificates.
In June 2025, the Kansas Court of Appeals overturned an initial finding in Kobach’s favor from a lower court. This restored the ability to change gender markers on driver’s licenses.
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KNEA will remain engaged at the Statehouse and keep members informed as the session moves forward. Follow along at www.ksutd.org.
Ann Marie Bush can be reached by email at ann.bush@knea.org.