25 LC 49 2008
House Bill 104
By: Representatives Cox of the 28
th
, Jasperse of the 11
th
, Barrett of the 24
th
, Cannon of the
172
nd
, and Erwin of the 32
nd
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the
1
"Quality Basic Education Act," so as to enact the "Equal Athletic Opportunities Act"; to2
provide generally for student participation in interscholastic athletic activities and events; to3
generally prohibit discrimination on the basis of sex in such activities and events; to promote4
fair and safe competition; to provide for the use of student eligibility rules, standards, and5
classifications; to provide for exceptions to general provisions; to provide for specific6
designations; to prohibit male students from participating in athletic activities and events7
designated for female students and vice versa; to provide for definitions; to provide for8
related matters; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality12
Basic Education Act," is amended in Part 14, relating to other educational programs under13
the "Quality Basic Education Act," by revising Code Section 20-2-315, relating to gender14
discrimination prohibited, authorized separate gender teams, equal athletic opportunity,15
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physical education classes, employee designated to monitor compliance, grievance
16
procedures, and reporting requirements, as follows:17
"(a) This Code section shall be known and may be cited as the 'Equal Athletic
18
Opportunities Act.'19
(b) As used in this Code section, the term:20
(1) 'Coed' means the inclusion of both males and females.21
(2) 'Compete' or 'competition' means the participation of students or teams of local22
school systems, public schools, or participating private schools in an interscholastic23
athletic activity or event.24
(3) 'Covered entity' means local school systems, public schools, and participating private25
schools.26
(4) 'Female,' 'woman,' or 'girl' means a student whose sex is female.27
(5) 'Male,' 'man,' or 'boy' means a student whose sex is male.28
(6) 'Participating private school' means a private school in this state whose students or29
teams compete against students or teams from a public school or local school system in30
this state; provided, however, that such term shall apply to such private schools only31
when such private schools are competing against a public school or local school system32
in this state; and provided, further, that such term shall not apply to private schools33
competing in an athletic activity or event exclusively against one or more other private34
schools.35
(7) 'Sex' means a person's biological sex which shall be recognized solely based on a36
person's reproductive biology and genetics at birth. For purposes of this subsection, a37
statement of a student's biological sex on the student's official birth certificate shall be38
deemed to have correctly stated the student's biological sex at birth if the statement was39
included on such birth certificate at or near the time of the student's birth.40
(c) No student shall, on the basis of gender sex, be excluded from participation in, be41
denied the benefits of, be treated differently from another student, or otherwise be42
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discriminated against in any interscholastic or intramural athletics competition offered by43
a local school system or a public school, and no local school system shall provide any such44
athletics separately on such basis.45
(b)(d) Notwithstanding the requirements of subsection (a) of this Code section, a A local46
school system or public school may operate or sponsor separate teams for members of each47
gender sex where selection for such teams is based upon competitive skill, competitive48
fairness, student safety, or the activity involved is a contact sport. However, where a local49
school system operates or sponsors a team in a particular sport for members of one gender50
sex but operates or sponsors no such team for members of the other gender sex, and athletic51
opportunities for members of that gender sex in that particular sport have previously been52
limited, members of the excluded gender sex must be allowed to try out for the team53
offered unless the sport involved is a contact sport. Nothing in this subsection shall be54
construed to limit the authority of a local school system to operate or sponsor a single team55
for a contact sport that includes members of both genders sexes. As used in this56
subsection, the term 'contact sport' includes basketball, boxing, football, ice hockey,57
lacrosse, martial arts, soccer, rugby, wrestling, rugby, ice hockey, football, basketball, and58
any other sport the purpose or major activity of which involves bodily contact.59
(c)(e)(1) For each competition, each interscholastic athletic team organized, operated,60
or sponsored by a covered entity shall be designated as one of the following:61
(A) Males, men, or boys;62
(B) Females, women, or girls; or63
(C) Coed.64
(2) Any student shall be allowed to participate in athletic programs, events, and teams65
designated as coed.66
(3) Males, men, or boys shall not be allowed to participate in athletic programs, events,67
or teams designated for females, women, or girls.68
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(4) Females, women, or girls shall not be allowed to participate in athletic programs,69
events, or teams designated for males, men, or boys.70
(d)(f) A local school system or public school which operates or sponsors interscholastic71
or intramural athletics shall undertake all reasonable efforts to provide equal athletic72
opportunity for members of both genders sexes. In determining whether equal73
opportunities are available the following factors shall be considered:74
(1) Whether the selection of sports and levels of competition effectively accommodate75
the interests and abilities of members of both genders sexes;76
(2) The provision of equipment and supplies;77
(3) Scheduling of games and practice time;78
(4) Travel allowance;79
(5) Opportunity to receive coaching and academic tutoring;80
(6) Assignment and compensation of coaches and tutors;81
(7) Provision of locker rooms and practice and competitive facilities;82
(8) Provision of medical and training facilities and services; and83
(9) Publicity.84
Unequal aggregate expenditures for members of each gender sex or unequal expenditures85
for male and female teams if a local school system operates or sponsors separate teams will86
not constitute noncompliance with this subsection, but the failure to provide essential funds87
for the basic operations of teams for one gender sex may be considered in assessing88
equality of opportunity for members of each gender sex. Nothing in Code Section89
20-2-411 shall be construed to limit the authority of a local school system to expend school90
tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in91
order to comply with the requirements of this Code section.92
(d)(g) A local school system may provide separate toilet, locker room, and shower93
facilities on the basis of gender sex, but such facilities shall be comparable to such facilities94
provided for students of the other gender sex.95
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(e)(h) This Code section does not prohibit the grouping of students in physical education96
classes by gender sex.97
(f)(i)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school98
system sponsors an athletic activity or sport at a particular school that is similar to a sport99
for which an institution in the University System of Georgia offers an athletic100
scholarship, it must sponsor the athletic activity or sport for which a scholarship is101
offered at that school. This paragraph does not affect academic requirements for102
participation nor prevent the local school system from sponsoring activities in addition103
to those for which scholarships are provided.104
(2) Two athletic activities or sports that are similar may be offered simultaneously.105
(3) If a local school system demonstrates by a bona fide survey of eligible students at the106
school, which is approved by the Department of Education for compliance with generally107
accepted opinion survey principles regarding neutral wording and other matters, that there108
is insufficient interest among students at the school to field a team described in109
paragraph (1) of this subsection, then the local school system shall not be required to110
sponsor such athletic activity or sport at that school. The exemption provided for by this111
paragraph shall be valid for 24 months following the date when the most recent bona fide112
student survey demonstrating a lack of student interest was completed, unless a new bona113
fide student survey is conducted within the 24 month period that demonstrates sufficient114
interest to field a team. If such a new bona fide student survey demonstrates such115
sufficient interest, then the local school system must comply with paragraph (1) of this116
subsection during the local school system's next fiscal year and until such time as a new117
bona fide student survey demonstrates insufficient interest to field a team described in118
paragraph (1) of this subsection. A local school system shall conduct the bona fide119
student survey described in this paragraph regarding interest in a team described in120
paragraph (1) of this subsection upon the request of nine students at the school, but no121
more frequently than once every 12 months.122
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(4) Nothing in this subsection shall be construed to preclude the application of generally
123
applicable policies or rules regarding the cancellation of an athletic activity or sport due124
to lack of student participation in scheduled practices or contests.125
(g)
(j) Each local school system shall designate at least one employee to coordinate its126
efforts to comply with and carry out its responsibilities under this Code section, including127
the investigation of any complaint communicated to such local school system alleging its128
noncompliance with this Code section. The employee designated under this subsection129
may be the same person required to be designated under 34 C.F.R. Section 106.8. The130
local school system annually shall notify all its students of the name, office address, and131
office telephone number of the employee or employees appointed pursuant to this132
subsection. Such notification may be included in a student handbook distributed pursuant133
to Code Section 20-2-736.134
(h)(k) Each local school system shall adopt and publish grievance procedures providing135
for prompt and equitable resolution of written student complaints, including complaints136
brought by a parent or guardian on behalf of his or her minor child who is a student,137
alleging any action which would be a violation of this Code section. Such procedures shall138
require that:139
(1) The employee designated under subsection (g)(j) of this Code section shall render his140
or her decision in writing no later than 30 days after receipt of the complaint, and such141
decision shall set forth the essential facts and rationale for the decision;142
(2) A copy of such decision shall be provided to the complainant within five days of the143
date of the decision; and144
(3) A complainant shall have a right to appeal such decision to the local board within 35145
days of the date of the decision.146
(i)(l)(1) A complainant may appeal a decision of a local board that is rendered under147
subsection (h)(k) of this Code section in accordance with the procedures specified in148
Code Section 20-2-1160. If the State Board of Education determines that a local school149
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system has failed to comply with this Code section, then the state board shall provide the
150
local school system with opportunities to prepare a corrective plan. If the state board151
determines that a corrective plan of the local school system adequately plans and provides152
for future compliance with this Code section, then the state board shall approve the plan153
and direct the local school system to implement such plan.154
(2) If, upon a complaint filed pursuant to subsection (h)
(k) of this Code section after one155
year following the date of a state board order directing implementation of a corrective156
plan pursuant to paragraph (1) of this subsection but within four years of the date of such157
order, the state board determines that the local school system which was subject to such158
order has willfully failed to comply with this Code section, the state board may, after159
consideration of the local school system's efforts to implement the corrective plan160
approved in the earlier proceeding and of any other corrective plan that may be submitted161
by the local school system, transmit a certification of such determination to the162
Department of Community Affairs. If the state board's determination of noncompliance163
is later reversed or vacated upon appeal, the state board shall immediately notify the164
Department of Community Affairs of such action.165
(3) If, upon a complaint filed pursuant to subsection (h) (k) of this Code section after one166
year following the date of a state board certification to the Department of Community167
Affairs pursuant to paragraph (2) of this subsection but within four years of the date of168
such order, the state board determines that the local school system which was subject to169
such order has willfully failed to comply with this Code section, the state board may,170
after consideration of the local school system's efforts to implement a corrective plan171
approved in an earlier proceeding and of any other corrective plan that may be submitted172
by the local school system, order that a team or teams within the local school system or173
school within the local school system shall not participate in interscholastic postseason174
athletic contests and that participation in violation of such an order may result in175
withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the176
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state board barring participation in interscholastic postseason athletic contests shall be
177
made and announced before the beginning of a school year.178
(4) If, upon a complaint filed pursuant to subsection (h)
(k) of this Code section after one179
year following the date of a state board order prohibiting participation in interscholastic180
postseason athletic contests pursuant to paragraph (3) of this subsection but within four181
years of the date of such order, the state board determines that the local school system182
which was subject to such order has willfully failed to comply with this Code section, the183
state board may, after consideration of the local school system's efforts to implement a184
corrective plan approved in an earlier proceeding and of any other corrective plan that185
may be submitted by the local school system, withhold state funds that are allotted186
pursuant to Code Section 20-2-186 in an amount that the state board determines is187
sufficient to secure the local school system's compliance with this Code section. In the188
event that state funds are withheld pursuant to this paragraph, such funds shall later be189
allotted to the local school system at such time as the state board determines that the local190
school system is in compliance with this Code section.191
(j)(m) The Department of Education may publish an annual report of local school systems192
to include information regarding expenditures and participation rates for each gender sex193
and such other information as the state board and department deem relevant."194
SECTION 2.195
Said article is further amended in said part by revising paragraph (1) of subsection (b) and196
subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic197
association in high school athletics, as follows:198
"(1) The athletic association shall comply with the requirements of subsections (a)199
through (f) (i) of Code Section 20-2-315, as those requirements relate to the athletic200
association's functions of organizing, sanctioning, scheduling, or rule making for events201
in which public high schools participate;"202
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"(E) The authority and duties of the executive oversight committee shall include:
203
(i) To meet in person or remotely not less than twice each school year;204
(ii) To meet in person or remotely upon the call of the chairperson or a majority of205
the executive oversight committee;206
(iii) To establish policies and procedures for the executive oversight committee;207
(iv) To conduct any independent audit, review, or investigation the executive208
oversight committee deems necessary, including, but not limited to, the audit, review,209
or investigation of the classifications of participating schools and travel-related
travel210
related issues of participating schools; and211
(v) If the athletic association determines that it is necessary and appropriate to212
prohibit students whose gender is male from participating in athletic events that are213
designated for students whose gender is female, then the athletic association may214
adopt a policy to that effect; provided, however, that such policy shall be applied to215
all of the athletic association's participating public high schools; and216
(vi) To conduct an annual evaluation of the athletic association as a whole and217
present a report of its findings, recommendations, and conclusions to the General218
Assembly's High School Athletics Overview Committee; and"219
SECTION 3.220
All laws and parts of laws in conflict with this Act are repealed.221
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