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Georgia House Bill HB104

Georgia 2025-2026 Regular Session

Georgia House Bill HB104 Compare Versions

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11 25 LC 49 2008
22 House Bill 104
33 By: Representatives Cox of the 28
44 th
55 , Jasperse of the 11
66 th
77 , Barrett of the 24
88 th
99 , Cannon of the
1010 172
1111 nd
1212 , and Erwin of the 32
1313 nd
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the
1818 1
1919 "Quality Basic Education Act," so as to enact the "Equal Athletic Opportunities Act"; to2
2020 provide generally for student participation in interscholastic athletic activities and events; to3
2121 generally prohibit discrimination on the basis of sex in such activities and events; to promote4
2222 fair and safe competition; to provide for the use of student eligibility rules, standards, and5
2323 classifications; to provide for exceptions to general provisions; to provide for specific6
2424 designations; to prohibit male students from participating in athletic activities and events7
2525 designated for female students and vice versa; to provide for definitions; to provide for8
2626 related matters; to repeal conflicting laws; and for other purposes.9
2727 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
2828 SECTION 1.11
2929 Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality12
3030 Basic Education Act," is amended in Part 14, relating to other educational programs under13
3131 the "Quality Basic Education Act," by revising Code Section 20-2-315, relating to gender14
3232 discrimination prohibited, authorized separate gender teams, equal athletic opportunity,15
3333 H. B. 104
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3535 physical education classes, employee designated to monitor compliance, grievance
3636 16
3737 procedures, and reporting requirements, as follows:17
3838 "(a) This Code section shall be known and may be cited as the 'Equal Athletic
3939 18
4040 Opportunities Act.'19
4141 (b) As used in this Code section, the term:20
4242 (1) 'Coed' means the inclusion of both males and females.21
4343 (2) 'Compete' or 'competition' means the participation of students or teams of local22
4444 school systems, public schools, or participating private schools in an interscholastic23
4545 athletic activity or event.24
4646 (3) 'Covered entity' means local school systems, public schools, and participating private25
4747 schools.26
4848 (4) 'Female,' 'woman,' or 'girl' means a student whose sex is female.27
4949 (5) 'Male,' 'man,' or 'boy' means a student whose sex is male.28
5050 (6) 'Participating private school' means a private school in this state whose students or29
5151 teams compete against students or teams from a public school or local school system in30
5252 this state; provided, however, that such term shall apply to such private schools only31
5353 when such private schools are competing against a public school or local school system32
5454 in this state; and provided, further, that such term shall not apply to private schools33
5555 competing in an athletic activity or event exclusively against one or more other private34
5656 schools.35
5757 (7) 'Sex' means a person's biological sex which shall be recognized solely based on a36
5858 person's reproductive biology and genetics at birth. For purposes of this subsection, a37
5959 statement of a student's biological sex on the student's official birth certificate shall be38
6060 deemed to have correctly stated the student's biological sex at birth if the statement was39
6161 included on such birth certificate at or near the time of the student's birth.40
6262 (c) No student shall, on the basis of gender sex, be excluded from participation in, be41
6363 denied the benefits of, be treated differently from another student, or otherwise be42
6464 H. B. 104
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6666 discriminated against in any interscholastic or intramural athletics competition offered by43
6767 a local school system or a public school, and no local school system shall provide any such44
6868 athletics separately on such basis.45
6969 (b)(d) Notwithstanding the requirements of subsection (a) of this Code section, a A local46
7070 school system or public school may operate or sponsor separate teams for members of each47
7171 gender sex where selection for such teams is based upon competitive skill, competitive48
7272 fairness, student safety, or the activity involved is a contact sport. However, where a local49
7373 school system operates or sponsors a team in a particular sport for members of one gender50
7474 sex but operates or sponsors no such team for members of the other gender sex, and athletic51
7575 opportunities for members of that gender sex in that particular sport have previously been52
7676 limited, members of the excluded gender sex must be allowed to try out for the team53
7777 offered unless the sport involved is a contact sport. Nothing in this subsection shall be54
7878 construed to limit the authority of a local school system to operate or sponsor a single team55
7979 for a contact sport that includes members of both genders sexes. As used in this56
8080 subsection, the term 'contact sport' includes basketball, boxing, football, ice hockey,57
8181 lacrosse, martial arts, soccer, rugby, wrestling, rugby, ice hockey, football, basketball, and58
8282 any other sport the purpose or major activity of which involves bodily contact.59
8383 (c)(e)(1) For each competition, each interscholastic athletic team organized, operated,60
8484 or sponsored by a covered entity shall be designated as one of the following:61
8585 (A) Males, men, or boys;62
8686 (B) Females, women, or girls; or63
8787 (C) Coed.64
8888 (2) Any student shall be allowed to participate in athletic programs, events, and teams65
8989 designated as coed.66
9090 (3) Males, men, or boys shall not be allowed to participate in athletic programs, events,67
9191 or teams designated for females, women, or girls.68
9292 H. B. 104
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9494 (4) Females, women, or girls shall not be allowed to participate in athletic programs,69
9595 events, or teams designated for males, men, or boys.70
9696 (d)(f) A local school system or public school which operates or sponsors interscholastic71
9797 or intramural athletics shall undertake all reasonable efforts to provide equal athletic72
9898 opportunity for members of both genders sexes. In determining whether equal73
9999 opportunities are available the following factors shall be considered:74
100100 (1) Whether the selection of sports and levels of competition effectively accommodate75
101101 the interests and abilities of members of both genders sexes;76
102102 (2) The provision of equipment and supplies;77
103103 (3) Scheduling of games and practice time;78
104104 (4) Travel allowance;79
105105 (5) Opportunity to receive coaching and academic tutoring;80
106106 (6) Assignment and compensation of coaches and tutors;81
107107 (7) Provision of locker rooms and practice and competitive facilities;82
108108 (8) Provision of medical and training facilities and services; and83
109109 (9) Publicity.84
110110 Unequal aggregate expenditures for members of each gender sex or unequal expenditures85
111111 for male and female teams if a local school system operates or sponsors separate teams will86
112112 not constitute noncompliance with this subsection, but the failure to provide essential funds87
113113 for the basic operations of teams for one gender sex may be considered in assessing88
114114 equality of opportunity for members of each gender sex. Nothing in Code Section89
115115 20-2-411 shall be construed to limit the authority of a local school system to expend school90
116116 tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in91
117117 order to comply with the requirements of this Code section.92
118118 (d)(g) A local school system may provide separate toilet, locker room, and shower93
119119 facilities on the basis of gender sex, but such facilities shall be comparable to such facilities94
120120 provided for students of the other gender sex.95
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123123 (e)(h) This Code section does not prohibit the grouping of students in physical education96
124124 classes by gender sex.97
125125 (f)(i)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school98
126126 system sponsors an athletic activity or sport at a particular school that is similar to a sport99
127127 for which an institution in the University System of Georgia offers an athletic100
128128 scholarship, it must sponsor the athletic activity or sport for which a scholarship is101
129129 offered at that school. This paragraph does not affect academic requirements for102
130130 participation nor prevent the local school system from sponsoring activities in addition103
131131 to those for which scholarships are provided.104
132132 (2) Two athletic activities or sports that are similar may be offered simultaneously.105
133133 (3) If a local school system demonstrates by a bona fide survey of eligible students at the106
134134 school, which is approved by the Department of Education for compliance with generally107
135135 accepted opinion survey principles regarding neutral wording and other matters, that there108
136136 is insufficient interest among students at the school to field a team described in109
137137 paragraph (1) of this subsection, then the local school system shall not be required to110
138138 sponsor such athletic activity or sport at that school. The exemption provided for by this111
139139 paragraph shall be valid for 24 months following the date when the most recent bona fide112
140140 student survey demonstrating a lack of student interest was completed, unless a new bona113
141141 fide student survey is conducted within the 24 month period that demonstrates sufficient114
142142 interest to field a team. If such a new bona fide student survey demonstrates such115
143143 sufficient interest, then the local school system must comply with paragraph (1) of this116
144144 subsection during the local school system's next fiscal year and until such time as a new117
145145 bona fide student survey demonstrates insufficient interest to field a team described in118
146146 paragraph (1) of this subsection. A local school system shall conduct the bona fide119
147147 student survey described in this paragraph regarding interest in a team described in120
148148 paragraph (1) of this subsection upon the request of nine students at the school, but no121
149149 more frequently than once every 12 months.122
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152152 (4) Nothing in this subsection shall be construed to preclude the application of generally
153153 123
154154 applicable policies or rules regarding the cancellation of an athletic activity or sport due124
155155 to lack of student participation in scheduled practices or contests.125
156156 (g)
157157 (j) Each local school system shall designate at least one employee to coordinate its126
158158 efforts to comply with and carry out its responsibilities under this Code section, including127
159159 the investigation of any complaint communicated to such local school system alleging its128
160160 noncompliance with this Code section. The employee designated under this subsection129
161161 may be the same person required to be designated under 34 C.F.R. Section 106.8. The130
162162 local school system annually shall notify all its students of the name, office address, and131
163163 office telephone number of the employee or employees appointed pursuant to this132
164164 subsection. Such notification may be included in a student handbook distributed pursuant133
165165 to Code Section 20-2-736.134
166166 (h)(k) Each local school system shall adopt and publish grievance procedures providing135
167167 for prompt and equitable resolution of written student complaints, including complaints136
168168 brought by a parent or guardian on behalf of his or her minor child who is a student,137
169169 alleging any action which would be a violation of this Code section. Such procedures shall138
170170 require that:139
171171 (1) The employee designated under subsection (g)(j) of this Code section shall render his140
172172 or her decision in writing no later than 30 days after receipt of the complaint, and such141
173173 decision shall set forth the essential facts and rationale for the decision;142
174174 (2) A copy of such decision shall be provided to the complainant within five days of the143
175175 date of the decision; and144
176176 (3) A complainant shall have a right to appeal such decision to the local board within 35145
177177 days of the date of the decision.146
178178 (i)(l)(1) A complainant may appeal a decision of a local board that is rendered under147
179179 subsection (h)(k) of this Code section in accordance with the procedures specified in148
180180 Code Section 20-2-1160. If the State Board of Education determines that a local school149
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183183 system has failed to comply with this Code section, then the state board shall provide the
184184 150
185185 local school system with opportunities to prepare a corrective plan. If the state board151
186186 determines that a corrective plan of the local school system adequately plans and provides152
187187 for future compliance with this Code section, then the state board shall approve the plan153
188188 and direct the local school system to implement such plan.154
189189 (2) If, upon a complaint filed pursuant to subsection (h)
190190 (k) of this Code section after one155
191191 year following the date of a state board order directing implementation of a corrective156
192192 plan pursuant to paragraph (1) of this subsection but within four years of the date of such157
193193 order, the state board determines that the local school system which was subject to such158
194194 order has willfully failed to comply with this Code section, the state board may, after159
195195 consideration of the local school system's efforts to implement the corrective plan160
196196 approved in the earlier proceeding and of any other corrective plan that may be submitted161
197197 by the local school system, transmit a certification of such determination to the162
198198 Department of Community Affairs. If the state board's determination of noncompliance163
199199 is later reversed or vacated upon appeal, the state board shall immediately notify the164
200200 Department of Community Affairs of such action.165
201201 (3) If, upon a complaint filed pursuant to subsection (h) (k) of this Code section after one166
202202 year following the date of a state board certification to the Department of Community167
203203 Affairs pursuant to paragraph (2) of this subsection but within four years of the date of168
204204 such order, the state board determines that the local school system which was subject to169
205205 such order has willfully failed to comply with this Code section, the state board may,170
206206 after consideration of the local school system's efforts to implement a corrective plan171
207207 approved in an earlier proceeding and of any other corrective plan that may be submitted172
208208 by the local school system, order that a team or teams within the local school system or173
209209 school within the local school system shall not participate in interscholastic postseason174
210210 athletic contests and that participation in violation of such an order may result in175
211211 withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the176
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214214 state board barring participation in interscholastic postseason athletic contests shall be
215215 177
216216 made and announced before the beginning of a school year.178
217217 (4) If, upon a complaint filed pursuant to subsection (h)
218218 (k) of this Code section after one179
219219 year following the date of a state board order prohibiting participation in interscholastic180
220220 postseason athletic contests pursuant to paragraph (3) of this subsection but within four181
221221 years of the date of such order, the state board determines that the local school system182
222222 which was subject to such order has willfully failed to comply with this Code section, the183
223223 state board may, after consideration of the local school system's efforts to implement a184
224224 corrective plan approved in an earlier proceeding and of any other corrective plan that185
225225 may be submitted by the local school system, withhold state funds that are allotted186
226226 pursuant to Code Section 20-2-186 in an amount that the state board determines is187
227227 sufficient to secure the local school system's compliance with this Code section. In the188
228228 event that state funds are withheld pursuant to this paragraph, such funds shall later be189
229229 allotted to the local school system at such time as the state board determines that the local190
230230 school system is in compliance with this Code section.191
231231 (j)(m) The Department of Education may publish an annual report of local school systems192
232232 to include information regarding expenditures and participation rates for each gender sex193
233233 and such other information as the state board and department deem relevant."194
234234 SECTION 2.195
235235 Said article is further amended in said part by revising paragraph (1) of subsection (b) and196
236236 subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic197
237237 association in high school athletics, as follows:198
238238 "(1) The athletic association shall comply with the requirements of subsections (a)199
239239 through (f) (i) of Code Section 20-2-315, as those requirements relate to the athletic200
240240 association's functions of organizing, sanctioning, scheduling, or rule making for events201
241241 in which public high schools participate;"202
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244244 "(E) The authority and duties of the executive oversight committee shall include:
245245 203
246246 (i) To meet in person or remotely not less than twice each school year;204
247247 (ii) To meet in person or remotely upon the call of the chairperson or a majority of205
248248 the executive oversight committee;206
249249 (iii) To establish policies and procedures for the executive oversight committee;207
250250 (iv) To conduct any independent audit, review, or investigation the executive208
251251 oversight committee deems necessary, including, but not limited to, the audit, review,209
252252 or investigation of the classifications of participating schools and travel-related
253253 travel210
254254 related issues of participating schools; and211
255255 (v) If the athletic association determines that it is necessary and appropriate to212
256256 prohibit students whose gender is male from participating in athletic events that are213
257257 designated for students whose gender is female, then the athletic association may214
258258 adopt a policy to that effect; provided, however, that such policy shall be applied to215
259259 all of the athletic association's participating public high schools; and216
260260 (vi) To conduct an annual evaluation of the athletic association as a whole and217
261261 present a report of its findings, recommendations, and conclusions to the General218
262262 Assembly's High School Athletics Overview Committee; and"219
263263 SECTION 3.220
264264 All laws and parts of laws in conflict with this Act are repealed.221
265265 H. B. 104
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