25 LC 49 2175
House Bill 221
By: Representatives Cannon of the 58
th
, Drenner of the 85
th
, Park of the 107
th
, Clark of the
108
th
, and Barnes of the 86
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
1
provide for equal athletic opportunities for public school students; to provide for a cause of2
action; to provide for statutory construction; to provide for related matters; to repeal3
conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part7
14 of Article 6 of Chapter 2, relating to other educational programs under the "Quality Basic8
Education Act," by revising Code Section 20-2-315, relating to gender discrimination9
prohibited, authorized separate gender teams, equal athletic opportunity, physical education10
classes, employee designated to monitor compliance, grievance procedures, and reporting11
requirements, as follows:12
"20-2-315.13
(a) No student shall, on the basis of gender, be excluded from participation in, be denied14
the benefits of, be treated differently from another student, or otherwise be discriminated15
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against in any interscholastic or intramural athletics offered by a local school system, and
16
no local school system shall provide any such athletics separately on such basis.17
(b) Notwithstanding the requirements of subsection (a) of this Code section, a local school18
system may operate or sponsor separate teams for members of each gender where selection19
for such teams is based upon competitive skill or the activity involved is a contact sport. 20
However, where a local school system operates or sponsors a team in a particular sport for21
members of one gender but operates or sponsors no such team for members of the other22
gender, and athletic opportunities for members of that gender in that particular sport have23
previously been limited, members of the excluded gender must be allowed to try out for the24
team offered unless the sport involved is a contact sport. Nothing in this subsection shall25
be construed to limit the authority of a local school system to operate or sponsor a single26
team for a contact sport that includes members of both genders. As used in this subsection,27
the term 'contact sport' includes boxing, wrestling, rugby, ice hockey, football, basketball,28
and any other sport the purpose or major activity of which involves bodily contact.29
(c) A local school system which operates or sponsors interscholastic or intramural athletics30
shall undertake all reasonable efforts to
provide for equal athletic opportunity for members31
of both genders by taking all steps reasonably necessary to ensure . In determining whether32
equal opportunities are available the following factors shall be considered:33
(1) Whether that the selection of sports and levels of competition effectively34
accommodate the interests and abilities of members and teams of both genders and that35
comparable and equivalent funds, facilities access, equipment, supplies, and other36
resources are being provided for members and teams of both genders as demonstrated37
by:;38
(2)(1) The provision of equipment and supplies;39
(2) The location of locker rooms and practice and competitive facilities;40
(3) The scheduling Scheduling of games and practice time practices;41
(4) Travel allowance allowances;42
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(5) Opportunity Opportunities for students to receive coaching and academic tutoring;43
(6) Assignment The assignment and compensation of coaches and academic tutors for44
students, including, but not limited to, whether the compensation of coaches is45
commensurate with time actually spent engaged in coaching, academic tutoring, or other46
assigned duties;47
(7) Provision of locker rooms and practice and competitive facilities;48
(8) Provision The provision of medical and training facilities and services; and49
(9)(8) Publicity.50
Unequal aggregate expenditures for members of each gender or unequal expenditures for51
male and female teams if a local school system operates or sponsors separate teams will52
not constitute noncompliance with this subsection, but the failure to provide essential funds53
comparable and equivalent funds, facilities access, equipment, supplies, and other54
resources for the basic operations of teams for one gender may be considered in assessing55
equality of opportunity for members of each gender shall constitute such noncompliance.56
Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local school57
system to expend school tax funds as authorized by Article VIII, Section VI, Paragraph I(b)58
of the Constitution in order to comply with the requirements of this Code section.59
(d) A local school system may provide separate toilet, locker room, and shower facilities60
on the basis of gender, but such facilities shall be comparable to such facilities provided61
for students of the other gender.62
(e) This Code section does not prohibit the grouping of students in physical education63
classes by gender.64
(f)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school65
system sponsors an athletic activity or sport at a particular school that is similar to a sport66
for which an institution in the University System of Georgia offers an athletic67
scholarship, it must sponsor the athletic activity or sport for which a scholarship is68
offered at that school. This paragraph does not affect academic requirements for69
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participation nor prevent the local school system from sponsoring activities in addition
70
to those for which scholarships are provided.71
(2) Two athletic activities or sports that are similar may be offered simultaneously.72
(3) If a local school system demonstrates by a bona fide survey of eligible students at the73
school, which is approved by the Department of Education for compliance with generally74
accepted opinion survey principles regarding neutral wording and other matters, that there75
is insufficient interest among students at the school to field a team described in76
paragraph (1) of this subsection, then the local school system shall not be required to77
sponsor such athletic activity or sport at that school. The exemption provided for by this78
paragraph shall be valid for 24 months following the date when the most recent bona fide79
student survey demonstrating a lack of student interest was completed, unless a new bona80
fide student survey is conducted within the 24 month period that demonstrates sufficient81
interest to field a team. If such a new bona fide student survey demonstrates such82
sufficient interest, then the local school system must comply with paragraph (1) of this83
subsection during the local school system's next fiscal year and until such time as a new84
bona fide student survey demonstrates insufficient interest to field a team described in85
paragraph (1) of this subsection. A local school system shall conduct the bona fide86
student survey described in this paragraph regarding interest in a team described in87
paragraph (1) of this subsection upon the request of nine students at the school, but no88
more frequently than once every 12 months.89
(4) Nothing in this subsection shall be construed to preclude the application of generally90
applicable policies or rules regarding the cancellation of an athletic activity or sport due91
to lack of student participation in scheduled practices or contests.92
(g) Each local school system shall designate at least one employee to coordinate its efforts93
to comply with and carry out its responsibilities under this Code section, including the94
investigation of any complaint communicated to such local school system alleging its95
noncompliance with this Code section. The employee designated under this subsection96
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may be the same person required to be designated under 34 C.F.R. Section 106.8. The
97
local school system annually shall notify all its students of the name, office address, and98
office telephone number of the employee or employees appointed pursuant to this99
subsection. Such notification may be included in a student handbook
code of conduct100
distributed pursuant to Code Section 20-2-736.101
(h) Each local school system shall adopt and publish grievance procedures providing for102
prompt and equitable resolution of written student complaints, including complaints103
brought by a parent or guardian on behalf of his or her minor child who is a student,104
alleging any action which would be a violation of this Code section. Such procedures shall105
require that:106
(1) The employee designated under subsection (g) of this Code section shall render his107
or her decision in writing no later than 30 days after receipt of the complaint, and such108
decision shall set forth the essential facts and rationale for the decision;109
(2) A copy of such decision shall be provided to the complainant within five days of the110
date of the decision; and111
(3) A complainant shall have a right to appeal such decision to the local board within 35112
days of the date of the decision.113
(i)(1) A complainant may appeal a decision of a local board that is rendered under114
subsection (h) of this Code section in accordance with the procedures specified in Code115
Section 20-2-1160. If the State Board of Education determines that a local school system116
has failed to comply with this Code section, then the state board shall provide the local117
school system with opportunities to prepare a corrective plan. If the state board118
determines that a corrective plan of the local school system adequately plans and provides119
for future compliance with this Code section, then the state board shall approve the plan120
and direct the local school system to implement such plan.121
(2) If, upon a complaint filed pursuant to subsection (h) of this Code section after one122
year following the date of a state board order directing implementation of a corrective123
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plan pursuant to paragraph (1) of this subsection but within four years of the date of such
124
order, the state board determines that the local school system which was subject to such125
order has willfully failed to comply with this Code section, the state board may, after126
consideration of the local school system's efforts to implement the corrective plan127
approved in the earlier proceeding and of any other corrective plan that may be submitted128
by the local school system, transmit a certification of such determination to the129
Department of Community Affairs. If the state board's determination of noncompliance130
is later reversed or vacated upon appeal, the state board shall immediately notify the131
Department of Community Affairs of such action.132
(3) If, upon a complaint filed pursuant to subsection (h) of this Code section after one133
year following the date of a state board certification to the Department of Community134
Affairs pursuant to paragraph (2) of this subsection but within four years of the date of135
such order, the state board determines that the local school system which was subject to136
such order has willfully failed to comply with this Code section, the state board may,137
after consideration of the local school system's efforts to implement a corrective plan138
approved in an earlier proceeding and of any other corrective plan that may be submitted139
by the local school system, order that a team or teams within the local school system or140
school within the local school system shall not participate in interscholastic postseason141
athletic contests and that participation in violation of such an order may result in142
withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the143
state board barring participation in interscholastic postseason athletic contests shall be144
made and announced before the beginning of a school year.145
(4) If, upon a complaint filed pursuant to subsection (h) of this Code section after one146
year following the date of a state board order prohibiting participation in interscholastic147
postseason athletic contests pursuant to paragraph (3) of this subsection but within four148
years of the date of such order, the state board determines that the local school system149
which was subject to such order has willfully failed to comply with this Code section, the150
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state board may, after consideration of the local school system's efforts to implement a
151
corrective plan approved in an earlier proceeding and of any other corrective plan that152
may be submitted by the local school system, withhold state funds that are allotted153
pursuant to Code Section 20-2-186 in an amount that the state board determines is154
sufficient to secure the local school system's compliance with this Code section. In the155
event that state funds are withheld pursuant to this paragraph, such funds shall later be156
allotted to the local school system at such time as the state board determines that the local157
school system is in compliance with this Code section.158
(j) The Department of Education may
shall publish an annual report of local school159
systems to include information regarding expenditures and participation rates for each160
gender and such other information as the state board and department deem relevant.161
(k)(1) In addition to any other rights or remedies otherwise provided by law, any student:162
(A) Who is deprived of an athletic opportunity or suffers any direct or indirect harm163
as a result of a violation of this Code section shall have a private right of action to164
enforce the provisions of this Code section through injunctive or declaratory relief in165
the superior court of the county in which the relevant covered entity or competition is166
located. If an aggrieved student or such student's parent or guardian is the prevailing167
party in such action, such student or such student's parent or guardian shall be entitled168
to an award of reasonable attorney's fees, court costs, and expenses of litigation, but169
shall not be entitled to any monetary damages; or170
(B) Who is subject to retaliation or other adverse action by a covered entity or a local,171
state, regional, or national athletic conference or association as a result of reporting a172
violation of this Code section to an employee or representative such covered entity,173
athletic association or conference, or any state or federal agency with oversight over174
covered entities in this state, shall have a private cause of action for injunctive relief,175
damages, and any other relief available under law against the covered entity or athletic176
association or conference. If an aggrieved student or such student's parent or guardian177
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is the prevailing party in such action, such student shall be entitled to an award of178
monetary damages, including for any psychological, emotional, or physical harm179
suffered, reasonable attorney's fees, court costs, and expenses of litigation, and any180
other appropriate relief.181
(2) All civil actions brought under this subsection shall be initiated within two years after182
the alleged harm occurred.183
(l) Nothing in this Code section shall be construed to abrogate or otherwise affect the184
operation or application of the federal Individuals with Disabilities Education Act (IDEA),185
Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with186
Disabilities Act of 1990."187
SECTION 2.188
Said title is further amended in said part by revising subparagraph (c)(1)(E) of Code Section189
20-2-316, relating to involvement of athletic association in high school athletics, as follows:190
"(E) The authority and duties of the executive oversight committee shall include:191
(i) To meet in person or remotely not less than twice each school year;192
(ii) To meet in person or remotely upon the call of the chairperson or a majority of193
the executive oversight committee;194
(iii) To establish policies and procedures for the executive oversight committee;195
(iv) To conduct any independent audit, review, or investigation the executive196
oversight committee deems necessary, including, but not limited to, the audit, review,197
or investigation of the classifications of participating schools and travel-related travel198
related issues of participating schools; and199
(v) If the athletic association determines that it is necessary and appropriate to200
prohibit students whose gender is male from participating in athletic events that are201
designated for students whose gender is female, then the athletic association may202
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adopt a policy to that effect; provided, however, that such policy shall be applied to203
all of the athletic association's participating public high schools; and204
(vi) To conduct an annual evaluation of the athletic association as a whole and205
present a report of its findings, recommendations, and conclusions to the General206
Assembly's High School Athletics Overview Committee; and"207
SECTION 3.208
All laws and parts of laws in conflict with this Act are repealed.209
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