A proposed Utah law would make it illegal for parents to send their kids to kindergarten without potty training them first.
The bill, proposed by state Rep. Douglas Welton, would also establish guidelines to refer a family to a social worker for not adhering to the policy change.
The Republican lawmaker said he was compelled to write HB331 after hearing of three separate kindergarten teachers who were “ready to quit” after they were asked to wipe their students’ bottoms or check their diapers.
“They’re like, ‘This is too much of a risk. I’m not going to risk potty training a kid. They need to come potty trained and ready to go,’” Welton told Desert News.
“You’re asking teachers who already seem to be distrusted a little bit by certain segments of the population and you’re asking them to go and help facilitate a child use the restroom. That’s a big risk that a lot of them don’t want to take and shouldn’t have to take.”
The bill itself would require the State Board of Education to create a new rule “regarding toilet training as a condition for kindergarten enrollment.”
A parent or adult designee would be permitted to aid in toilet training as needed, the amended bill said.
Those who enroll in school without the necessary potty training would be taken out of class and referred to a school social worker or counselor for resources.
Only when the student learns to use the bathroom on their own would they be permitted to re-enter the classroom.
There are exceptions in the proposed legislation for students suffering from a condition described in the Individualized Education Program that would otherwise hinder their toilet training.
Welton argued the bill is essential to the safety of the children and their teachers, especially as the number of students attending full-day kindergarten classes surged in recent months after another bill expanded classroom access.
State BOE data shows that 77% of enrolled kindergartners are enrolled in the full-day option this academic year, up from 34% the year prior.
“This is pretty universal. Across the state of Utah. We’ve got roughly four times the number of kids who are coming to kindergarten that aren’t potty trained,” Welton said.
Teachers have expressed concern about the legal risk of touching children who have soiled themselves, but leaving a child to sit in their mess creates its own plethora of sanitary and morality issues.
School nurses have previously aided with such issues, but Weltson said they have been overwhelmed in the wake of the kindergarten influx.
“If it is four times greater, that’s a lot of school nurses that you’re going to have to hire,” he said.
The bill gained a favorable recommendation from the House Education Committee on Wednesday.
If passed, it would take effect in time for the 2024-2025 school year.
