What Texas Public School Employees Should Know About the New “Bathroom Bill” (SB 8)

When Gov. Greg Abbott signed Senate Bill (SB) 8, passed by the 89th Legislature during its second special session, Texas joined a growing list of states regulating access to restrooms and locker rooms in public facilities based on biological sex.

The measure—also referred to as the Texas Women’s Privacy Act or colloquially as “the bathroom bill”—has wide implications for state and local publicly owned facilities, including public schools. As districts prepare to implement the law before its effective date on Dec. 4, 2025, school employees should understand what it requires, what it prohibits, and how to navigate its gray areas.

What spaces does SB 8 regulate?

SB 8 mandates that multiple-occupancy private spaces—such as restrooms, locker rooms, and changing areas—in government-controlled buildings be designated for use by individuals based on their sex assigned at birth rather than on gender identity.

In practical terms, this means that students, staff, and visitors in Texas public schools must use the restroom or locker room that corresponds to their biological sex as listed on their initially issued birth certificate or other government record.

Single-occupancy restrooms are exempt and may remain gender-neutral.

Who must comply with SB 8?

In addition to the educational entities listed below, the law applies to state agencies and “political subdivisions of the state,” meaning a governmental entity of this state, including a county, municipality, special purpose district, or authority.

The law applies to the following educational entities:

• All public school districts and open-enrollment charter school facilities, including educational and administrative buildings
• Public colleges and universities

Private schools are not directly covered by SB 8.

What steps must school districts take to comply with SB 8?

School districts and other entities covered by the law must take “every reasonable step” to enforce the law. Although “every reasonable step” is not defined in the bill, it may include measures such as:

• Posting clear signage on multi-user restrooms and locker rooms
• Updating student and employee handbooks
• Providing staff training on how to respond to reports or complaints

Districts that fail to comply could face steep civil penalties:

• $25,000 for a first violation
• $125,000 for additional violations

In addition, SB 8 authorizes both the Texas attorney general and private citizens to bring lawsuits to compel compliance.

What does SB 8 mean for individual educators?

Individual teachers, coaches, and staff are not personally subject to fines under the law, but they are expected to follow their district policies. Failure to do so could result in disciplinary action from the district and, for certified educators, potential sanctions by the State Board for Educator Certification (SBEC).

SB 8 does not require public educators to police bathrooms or question students, but they should review their district’s policies for guidance.

Until your district issues guidance, the safest approach is to:

• Avoid confrontation with students over restroom use.
• Refer any observations, disputes, or concerns to campus administration.
• Respect student privacy and maintain professionalism at all times.

Are there any exceptions to SB 8?

SB 8 permits opposite-sex access to restricted facilities in certain circumstances:

• When assisting a child under the age of 10
• When providing medical aid, maintenance, or custodial services
• When providing emergency or law enforcement assistance
• When assisting a person with a disability

These exceptions are designed to allow ordinary school operations to continue without violating the law.

What should you do now as a public school employee?

1. Watch for new district policies before making any decisions about restroom access.
2. Follow official procedures for handling questions, complaints, or incidents.
3. Respect all students’ privacy.
4. Document concerns or incidents neutrally and forward them to administration.
5. Stay informed—lawsuits and federal guidance could change the legal landscape before or after SB 8 takes effect.

What’s the bottom line?

Texas’s new bathroom law places the legal responsibility on districts—not individual educators—but it will affect everyone’s daily routine. The best course of action for school employees is to stay informed, follow district directives, and treat all students with respect while ensuring compliance with both state and federal law.

As the law’s December 2025 effective date approaches, educators should expect updated guidance from the Texas Education Agency (TEA) and their school district or charter school, as applicable. Until then, awareness and caution are key.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.