25 LC 49 2184S (SCS)
Senate Bill 1
By: Senators Dolezal of the 27th, Kennedy of the 18th, Gooch of the 51st, Beach of the 21st,
Robertson of the 29th and others
AS PASSED SENATE
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 generally for competitively fair and safe student participation in school and college2
sports; to provide for legislative findings and intent; to provide for a short title; to promote3
fair and safe competition; to provide for equal athletic opportunities and safety; to provide4
for specific designations of teams operated or sponsored by local school systems, public5
schools, participating private schools, and postsecondary educational institutions in this state;6
to prohibit males from participating in interscholastic and intercollegiate competitions on7
teams designated as female; to prohibit females from participating in competition on8
intercollegiate teams designated as male, subject to exceptions; to provide for such9
exceptions; to provide for interscholastic coed team designations; to provide for the use of10
student eligibility rules, standards, and classifications; to provide for exceptions to general11
provisions; to require multiple occupancy restrooms and changing areas and sleeping12
quarters to be designated for exclusive use by males or females; to provide for reasonable13
accommodations; to provide for exceptions; to prohibit postsecondary educational14
institutions that are covered entities from hosting or sponsoring intercollegiate competitions15
that allow males to participate with teams designated as female or use multiple occupancy16
restrooms or changing areas and sleeping quarters designated for use by females; to prohibit17
such covered entities from awarding to males scholarships intended for female team18
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members; to provide for policies, rules, and regulations; to provide for investigation of
19
complaints of noncompliance; to provide for sanctions; to provide for a cause of action; to20
provide for definitions; to provide for statutory construction; to provide for related matters;21
to repeal conflicting laws; and for other purposes.22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23
SECTION 1.24
(a) The General Assembly finds that:25
(1) There are inherent physical differences between males and females;26
(2) Decisions regarding the regulation of sports should be based on promoting and27
preserving competitive fairness and protecting student safety;28
(3) Protecting student athletes from harm and promoting and preserving the competitive29
fairness of sports are important state interests; and30
(4) Requiring the designation of separate, sex-specific athletic teams and sports is31
necessary to protect student athletes from harm and to promote and preserve the32
competitive fairness of sports.33
(b) It is the intent of the General Assembly that:34
(1) Student athletes have competitively fair and safe opportunities to participate and35
succeed in sports; and36
(2) Female student athletes have fair opportunities to demonstrate their strength, skills, and37
athletic abilities and to obtain recognition, accolades, college scholarships, and the38
numerous other long-term benefits that result from participating and competing in sports.39
SECTION 2.40
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in41
Part 14 of Article 6 of Chapter 2, relating to other educational programs under the "Quality42
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Basic Education Act," by revising Code Section 20-2-315, relating to gender discrimination
43
prohibited, authorized separate gender teams, equal athletic opportunity, physical education44
classes, employee designated to monitor compliance, grievance procedures, and reporting45
requirements, as follows:46
"20-2-315.47
(a) This Code section shall be known and may be cited as the 'Fair and Safe Athletic
48
Opportunities Act.'49
(b) As used in this Code section, the term:50
(1) 'Coed' means the inclusion of both males and females.51
(2) 'Compete,' 'competitive,' or 'competition' means a contest of teams in a sport. Such52
term shall not include practices, exhibitions, or scrimmages.53
(3) 'Contact sport' means a sport the purpose or a substantial component of which54
involves bodily contact. Such term includes, but shall not be limited to, basketball,55
boxing, football, ice hockey, lacrosse, martial arts, soccer, rugby, and wrestling.56
(4) 'Covered entity' means local school systems, public schools, and participating private57
schools.58
(5) 'Female' means an individual who has, had, will have, or, but for a developmental59
or genetic anomaly or historical accident, would have the reproductive system capable60
of producing human ovum.61
(6) 'Male' means an individual who has, had, will have, or, but for a developmental or62
genetic anomaly or historical accident, would have the reproductive system capable of63
producing human sperm.64
(7) 'Multiple occupancy restroom or changing area' means an area in a covered entity's65
building that is designed or designated to be used by one or more individuals of the same66
sex at the same time and in which one or more individuals may be in various stages of67
undress in the presence of other individuals. Such term includes, but shall not be limited68
to:69
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(A) Restrooms;70
(B) Locker rooms;71
(C) Changing rooms; and72
(D) Shower rooms.73
(8) 'Participating private school' means a private school in this state which operates or74
sponsors one or more teams that compete against one or more teams operated or75
sponsored by a local school system or public school in this state or that participate in76
competitions that are organized, sanctioned, or scheduled by an athletic association with77
members that include public schools.78
(9) 'Sex' means a student's biological sex based exclusively on the student's reproductive79
biology and genetics at birth. For purposes of this Code section, a statement of a student's80
biological sex on the student's official birth certificate shall be deemed to have correctly81
stated such student's biological sex at birth if the statement was included on such birth82
certificate at or near the time of the student's birth.83
(10) 'Sleeping quarters' means a room with a bed in which more than one individual is84
housed overnight.85
(11) 'Sport' means an organized activity involving skill and physical effort undertaken86
by one or more teams according to established rules. Such term includes each such87
organized activity regardless of whether it is designated as a sport, an activity, or another88
similar designation by an athletic association that meets the requirements of Code89
Sections 20-2-316 through 20-2-316.3, 20-2-319, and 20-2-319.6.90
(12) 'Student athlete' means a student enrolled at a covered entity who participates or is91
eligible to participate on any sport or team. A student who is permanently ineligible to92
participate on a particular sport or team is not a student athlete for the purposes of such93
sport or team.94
(13) 'Team' means a single student or a group of students operated and sponsored by a95
covered entity for the purpose of participating in a sport.96
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(a)(c)(1) No student shall, on the basis of sex gender, be excluded from participation in,97
be denied the benefits of, be treated differently from another student, or otherwise be98
discriminated against in any interscholastic or intramural athletics offered sport operated99
or sponsored by a local school system or a public school, and no local school system shall100
provide any such athletics separately on such basis.101
(b)(2) A Notwithstanding the requirements of subsection (a) of this Code section, a local102
school system or public school shall be authorized to may operate or sponsor separate103
teams for members of each gender sex where selection for such teams is based upon104
competitive skill, competitive fairness, student safety, or the activity sport involved is a105
contact sport. However, where a local school system operates or sponsors a team in a106
particular sport for members of one gender but operates or sponsors no such team for107
members of the other gender, and athletic opportunities for members of that gender in108
that particular sport have previously been limited, members of the excluded gender must109
be allowed to try out for the team offered unless the sport involved is a contact sport. 110
Nothing in this subsection shall be construed to limit the authority of a local school111
system to operate or sponsor a single team for a contact sport that includes members of112
both genders. As used in this subsection, the term 'contact sport' includes boxing,113
wrestling, rugby, ice hockey, football, basketball, and any other sport the purpose or114
major activity of which involves bodily contact.115
(d)(1) For all interscholastic competitions, each covered entity shall designate each team116
operated or sponsored by such covered entity as one of the following:117
(A) Male;118
(B) Female; or119
(C) Coed.120
(2) Males shall not be allowed to participate in any interscholastic competition on any121
team that is designated as female.122
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(3) Females shall not be allowed to participate in any interscholastic competition on any123
team that is designated as male; provided, however, that females may be allowed to124
participate in an interscholastic competition on a team that is designated as male if a125
corresponding team designated for females is not offered or available for interscholastic126
competitions.127
(4) Any student shall be allowed to participate in any interscholastic competition on a128
team that is designated as coed.129
(5) Nothing in this subsection shall be construed to prohibit males from participating in130
practices, exhibitions, or scrimmages with teams designated as female.131
(c)(e)(1) A local school system or public school which operates or sponsors132
interscholastic or intramural athletics teams shall undertake all reasonable efforts to133
provide equal athletic opportunity for members of both genders sexes. In determining134
whether equal opportunities are available, the following factors shall be considered:135
(1)(A) Whether the selection of sports and levels of competition effectively136
accommodate the interests and abilities of members of both genders sexes;137
(2)(B) The provision of equipment and supplies;138
(3)(C) Scheduling of games and practice time;139
(4)(D) Travel allowance;140
(5)(E) Opportunity to receive coaching and academic tutoring;141
(6)(F) Assignment and compensation of coaches and tutors;142
(7)(G) Provision of locker rooms multiple occupancy restroom or changing areas and143
practice and competitive facilities;144
(8)(H) Provision of medical and training facilities and services; and145
(9)(I) Publicity.146
(2) Unequal aggregate expenditures for members of each gender sex or unequal147
expenditures for male and female teams if a local school system or public school operates148
or sponsors separate teams will shall not constitute noncompliance with this subsection,149
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but; provided, however, that the failure to provide essential funds for the basic operations150
of teams for one gender sex may be considered in assessing equality of opportunity for151
members of each gender sex.152
(3) Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local153
school system or public school to expend school tax funds as authorized by Article VIII,154
Section VI, Paragraph I(b) of the Constitution in order to comply with the requirements155
of this Code section.156
(d)(f)(1) Each covered entity shall A local school system may provide separate toilet,157
locker room, and shower facilities multiple occupancy restrooms or changing areas and158
sleeping quarters on the basis of gender, but sex, and such facilities shall be comparable159
to such facilities provided for students of the other gender sex.160
(2)(A) No covered entity shall operate or sponsor one or more teams in any161
interscholastic competition involving a local school system or public school that162
permits a male to use any multiple occupancy restroom or changing area or sleeping163
quarters designated for females in conjunction with such competition.164
(B) No covered entity shall operate or sponsor one or more teams in any interscholastic165
competition involving a local school system or public school that permits a female to166
use any multiple occupancy restroom or changing area or sleeping quarters designated167
for males in conjunction with such competition.168
(3)(A) To ensure the privacy and safety of student athletes, each covered entity that169
operates or sponsors one or more teams in any interscholastic competition involving a170
local school system or public school shall, in conjunction with such competition:171
(i) Designate each multiple occupancy restroom or changing area and sleeping172
quarters for exclusive use by males or for exclusive use by females; and173
(ii) Provide a reasonable accommodation to individuals who are unwilling or unable174
to use a multiple occupancy restroom or changing area or sleeping quarters designated175
for each such individual's sex.176
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(B) A reasonable accommodation under this paragraph may include, but shall not be177
limited to, allowing such individual to access a single occupancy restroom or changing178
area or sleeping quarters.179
(C) A reasonable accommodation under this paragraph shall not include allowing such180
individual to access a multiple or single occupancy restroom or changing area or181
sleeping quarters that is designated for use by members of the other sex while members182
of the other sex of the individual are present or may be present in such restroom or183
changing area or sleeping quarters.184
(e)(g) This Code section does shall not prohibit the grouping of students in physical185
education classes by gender sex.186
(f)(h)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school187
system or public school sponsors an athletic activity or a sport at a particular school that188
is similar to a sport for which an institution in the University System of Georgia offers189
an athletic scholarship, it must shall sponsor the athletic activity or sport for which a190
scholarship is offered at that school. This paragraph does shall not affect academic191
requirements for participation nor prevent the local school system or public school from192
sponsoring activities in addition to those for which scholarships are provided.193
(2) Two athletic activities or sports that are similar may be offered simultaneously.194
(3) If a local school system or public school demonstrates by a bona fide survey of195
eligible students at the school, which is approved by the Department of Education for196
compliance with generally accepted opinion survey principles regarding neutral wording197
and other matters, that there is insufficient interest among students at the school to field198
a team described in paragraph (1) of this subsection, then the local school system or199
public school shall not be required to sponsor such athletic activity or sport at that school. 200
The exemption provided for by this paragraph shall be valid for 24 months following the201
date when the most recent bona fide student survey demonstrating a lack of student202
interest was completed, unless a new bona fide student survey is conducted within the 24203
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month period that demonstrates sufficient interest to field a team. If such a new bona fide
204
student survey demonstrates such sufficient interest, then the local school system or
205
public school shall must comply with paragraph (1) of this subsection during the local206
school system's next fiscal school year and until such time as a new bona fide student207
survey demonstrates insufficient interest to field a team described in paragraph (1) of this208
subsection. A local school system or public school shall conduct the bona fide student209
survey described in this paragraph regarding interest in a team described in paragraph (1)210
of this subsection upon the request of nine students at the school, but no more frequently211
than once every 12 months.212
(4) Nothing in this subsection shall be construed to preclude the application of generally213
applicable policies or rules regarding the cancellation of an athletic activity or a sport due214
to lack of student participation in scheduled practices or contests competitions.215
(g)(i) Each local school system covered entity shall designate at least one employee to216
coordinate its efforts to comply with and carry out its responsibilities under this Code217
section, including the investigation of any complaint communicated to such local school218
system covered entity alleging its noncompliance with this Code section. The employee219
designated under this subsection may be the same person individual required to be220
designated under 34 C.F.R. Section 106.8, as it existed on June 30, 2024. Each covered221
entity The local school system annually shall annually notify all its students of the name,222
office address, and office telephone number of the employee or employees appointed223
pursuant to this subsection. Such notification may be included in a student handbook code224
of conduct distributed pursuant to Code Section 20-2-736.225
(h)(j) Each local school system covered entity shall adopt and publish grievance226
procedures providing for prompt and equitable resolution of written student complaints,227
including complaints brought by a parent or guardian on behalf of his or her minor child228
who is a student, alleging any action which would be a violation of this Code section. Such229
procedures shall require that:230
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(1)(A) Except as provided in subparagraph (B) of this paragraph, the The employee231
designated under subsection (g) (i) of this Code section shall render his or her decision232
in writing no later than 30 days after receipt of the complaint, and such decision shall233
set forth the essential facts and rationale for the decision;234
(B)(i) A student who is aggrieved by an alleged violation or anticipated violation of235
this Code section or his or her parent or guardian shall have a right to file a complaint236
with the employee designated in subsection (i) of this Code section with a request for237
an expedited preliminary determination as to whether a violation of this Code section238
exists or is about to occur.239
(ii) If an alleged violation or anticipated violation of this Code section is240
preliminarily determined by the employee designated in subsection (i) of this Code241
section to have occurred or is reasonably likely to occur, such designated employee242
shall issue a preliminary decision immediately and shall be authorized to direct in243
writing that the alleged violation or anticipated violation cease and desist pending a244
final resolution of such complaint.245
(iii) If a complaint with a request for an expedited preliminary determination brought246
pursuant to this subparagraph is rejected in whole or in part by the employee247
designated in subsection (i) of this Code section, such designated employee shall248
render his or her decision rejecting such complaint in writing to the complainant, and249
such decision shall set forth the essential facts and rationale for the decision;250
(2) A copy of such decision shall be provided to the complainant within five days of as251
soon as practicable but not later than the second business day following the date of the252
decision; and253
(3) A complainant shall have a right to appeal such decision to the local board of254
education or other public school governing body, in the case of a public school, or the255
participating private school's governing body, in the case of a participating private school,256
within 35 days of the date of the decision. A ruling on such appeal shall be rendered in257
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writing in writing no later than 35 days after receipt of the appeal, and such decision shall258
set forth the essential facts and rationale for the ruling.259
(i)(k)(1) A complainant may appeal a decision of a local board that is rendered under260
subsection (h) (j) of this Code section in accordance with the procedures specified in261
Code Section 20-2-1160. If the State Board of Education determines that a local school262
system or public school has failed to comply with this Code section, then the state board263
shall provide the local school system or public school with opportunities to prepare a264
corrective plan. If the state board determines that a corrective plan of the local school265
system or public school adequately plans and provides for future compliance with this266
Code section, then the state board shall approve the plan and direct the local school267
system or public school to implement such plan.268
(2) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one269
year following the date of a state board order directing implementation of a corrective270
plan pursuant to paragraph (1) of this subsection but within four years of the date of such271
order, the state board determines that the local school system or public school which was272
subject to such order has willfully failed to comply with this Code section, the state board273
may, after consideration of the local school system's or public school's efforts to274
implement the corrective plan approved in the earlier proceeding and of any other275
corrective plan that may be submitted by the local school system or public school,276
transmit a certification of such determination to the Department of Community Affairs. 277
If the state board's determination of noncompliance is later reversed or vacated upon278
appeal, the state board shall immediately notify the Department of Community Affairs279
of such action.280
(3) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one281
year following the date of a state board certification to the Department of Community282
Affairs pursuant to paragraph (2) of this subsection but within four years of the date of283
such order, the state board determines that the local school system or public school which284
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was subject to such order has willfully failed to comply with this Code section, the state
285
board may, after consideration of the local school system's or public school's
efforts to286
implement a corrective plan approved in an earlier proceeding and of any other corrective287
plan that may be submitted by the local school system or public school, order that a team288
or teams within the local school system or public school within the local school system289
shall not participate in interscholastic postseason athletic contests competitions and that290
participation in violation of such an order may result in withholding of state funds allotted291
pursuant to Code Section 20-2-186. An order of the state board barring participation in292
interscholastic postseason athletic contests competitions shall be made and announced293
before the beginning of a school year.294
(4) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one295
year following the date of a state board order prohibiting participation in interscholastic296
postseason athletic contests competitions pursuant to paragraph (3) of this subsection but297
within four years of the date of such order, the state board determines that the local298
school system or public school which was subject to such order has willfully failed to299
comply with this Code section, the state board may, after consideration of the local school300
system's or public school's efforts to implement a corrective plan approved in an earlier301
proceeding and of any other corrective plan that may be submitted by the local school302
system or public school, withhold state funds that are allotted pursuant to Code303
Section 20-2-186 in an amount that the state board determines is sufficient to secure the304
local school system's or public school's compliance with this Code section. In the event305
that state funds are withheld pursuant to this paragraph, such funds shall later be allotted306
to the local school system or public school at such time as the state board determines that307
the local school system or public school is in compliance with this Code section.308
(j)(l) The Department of Education may publish an annual report of local school systems309
and public schools which may to include information regarding expenditures and310
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participation rates for each gender sex and such other information as the state board and311
department deem relevant.312
(m)(1) In addition to any other rights or remedies otherwise provided by law, any313
student:314
(A) Who is deprived of an athletic opportunity or suffers any direct or indirect harm315
as a result of a violation of this Code section shall have a private cause of action for316
injunctive relief, damages, and any other relief available under law. If an aggrieved317
student or such student's parent or guardian is the prevailing party in such action, such318
student or such student's parent or guardian shall be entitled to an award of monetary319
damages, including for any psychological, emotional, or physical harm suffered,320
reasonable attorney's fees, court costs, and expenses of litigation, and any other321
appropriate relief; or322
(B) Who is subject to retaliation or other adverse action by a covered entity or a local,323
state, regional, or national athletic conference or association as a result of reporting a324
violation of this Code section to an employee or representative such covered entity,325
athletic association or conference, or to any state or federal agency with oversight over326
covered entities in this state, shall have a private cause of action for injunctive relief,327
damages, and any other relief available under law. If an aggrieved student or such328
student's parent or guardian is the prevailing party in such action, the student or329
student's parent or guardian is the prevailing party in such action, such student shall be330
entitled to an award of monetary damages, including for any psychological, emotional,331
or physical harm suffered, reasonable attorney's fees, court costs, and expenses of332
litigation, and any other appropriate relief.333
(2) All civil actions brought under this subsection shall be initiated within two years after334
the alleged harm occurred.335
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(n) Nothing in this Code section shall be construed to authorize or require a local school336
system, a public school, or any employee or agent thereof to confirm the sex of a student337
by visual inspection of such student's exterior sex organs.338
(o) Nothing in this Code section shall be construed to abrogate or otherwise affect the339
operation or application of the federal Individuals with Disabilities Education Act (IDEA),340
Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with341
Disabilities Act of 1990."342
SECTION 3.343
Said title is further amended in said part by revising paragraph (1) of subsection (b) and344
subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic345
association in high school athletics, as follows:346
"(1) The athletic association shall comply with the requirements of subsections (a)347
through (f) (h) of Code Section 20-2-315, as those requirements relate to the athletic348
association's functions of organizing, sanctioning, scheduling, or rule making for events349
in which public high schools participate;"350
"(E) The authority and duties of the executive oversight committee shall include:351
(i) To meet in person or remotely not less than twice each school year;352
(ii) To meet in person or remotely upon the call of the chairperson or a majority of353
the executive oversight committee;354
(iii) To establish policies and procedures for the executive oversight committee;355
(iv) To conduct any independent audit, review, or investigation the executive356
oversight committee deems necessary, including, but not limited to, the audit, review,357
or investigation of the classifications of participating schools and travel-related travel358
related issues of participating schools; and359
(v) If the athletic association determines that it is necessary and appropriate to360
prohibit students whose gender is male from participating in athletic events that are361
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designated for students whose gender is female, then the athletic association may362
adopt a policy to that effect; provided, however, that such policy shall be applied to363
all of the athletic association's participating public high schools; and364
(vi) To conduct an annual evaluation of the athletic association as a whole and365
present a report of its findings, recommendations, and conclusions to the General366
Assembly's High School Athletics Overview Committee; and"367
SECTION 4.368
Said title is further amended in Article 1 of Chapter 3, relating to postsecondary education369
generally, by designating Code Section 20-3-1, relating to definitions, as Part 1, and by370
adding a new part to read as follows:371
"Part 3372
20-3-15.373
As used in this part, the term:374
(1) 'Competition' means a contest of teams in a sport. Such term shall not include375
practices, exhibitions, or scrimmages.376
(2) 'Covered entity' means Georgia state schools and participating nonstate schools.377
(3) 'Female' means an individual who has, had, will have, or, but for a developmental or378
genetic anomaly or historical accident, would have the reproductive system capable of379
producing human ovum.380
(4) 'Georgia state school' means a postsecondary educational institution which is:381
(A) An institution of the University System of Georgia; or382
(B) A unit of the Technical College System of Georgia.383
(5) 'Governing body' means the individual or entity responsible for establishing the384
policies, rules, and regulations for a covered entity, including, but not limited to, such385
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policies, rules, and regulations for the operation of such covered entity's athletic386
department, if any, and the operation or sponsorship of such covered entity's387
intercollegiate competitions, sports, and teams. Such term shall not include any local,388
state, regional, or national athletic conference or athletic association.389
(6) 'Male' means an individual who has, had, will have, or, but for a developmental or390
genetic anomaly or historical accident, would have the reproductive system capable of391
producing human sperm.392
(7) 'Multiple occupancy restroom or changing area' means an area in a postsecondary393
educational institution's building that is designed or designated to be used by one or more394
individuals of the same sex at the same time and in which one or more individuals may395
be in various stages of undress in the presence of other individuals. Such term includes,396
but shall not be limited to:397
(A) Restrooms;398
(B) Locker rooms;399
(C) Changing rooms; and400
(D) Shower rooms.401
(8) 'Participating nonstate school' means a private postsecondary educational institution402
that is eligible for tuition equalization grants in accordance with the provisions of Code403
Section 20-3-411 or any other private or public postsecondary educational institution that404
is not a Georgia state school whose students or teams participate in intercollegiate405
competitions against students or teams from a Georgia state school in this state; provided,406
however, that such term shall apply to such an institution only when and to the extent that407
such institution is participating in an intercollegiate competition against a Georgia state408
school in this state; and provided, further, that such term shall not apply to institutions409
when participating in intercollegiate competitions in this state exclusively against one or410
more other such institutions.411
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(9) 'Sex' means a student's biological sex based exclusively on the student's reproductive412
biology and genetics at birth. For purposes of this Code section, a statement of a student's413
biological sex on the student's official birth certificate shall be deemed to have correctly414
stated such student's biological sex at birth if the statement was included on such birth415
certificate at or near the time of the student's birth.416
(10) 'Sleeping quarters' means a room with a bed in which more than one individual is417
housed overnight.418
(11) 'Sport' means an organized activity involving skill and physical effort undertaken419
by one or more teams according to established rules.420
(12) 'Student athlete' means a student enrolled at a covered entity who participates in or421
is eligible to participate on any sport or team. A student who is permanently ineligible422
to participate on a particular sport or team is not a student athlete for the purposes of such423
sport or team.424
(13) 'Team' means a single student or a group of students operated and sponsored by a425
covered entity for the purpose of participating in a sport.426
20-3-16.427
(a) Each governing body in this state shall adopt such policies, rules, and regulations as428
necessary to ensure the following for all intercollegiate competitions involving covered429
entities in this state:430
(1) Each covered entity shall designate each team operated or sponsored by such covered431
entity as one of the following:432
(A) Male; or433
(B) Female;434
(2)(A) Males shall not be allowed to participate in any intercollegiate competition in435
this state on any team that is designated as female;436
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(B) Females shall not be allowed to participate in any intercollegiate competition in437
this state on any team that is designated as male; provided, however, that females may438
be allowed to participate in an intercollegiate competition in this state on a team that439
is designated as male if a corresponding team designated for females is not offered or440
available for intercollegiate competitions;441
(3)(A) Multiple occupancy restrooms or changing areas and sleeping quarters shall be442
available to student athletes on the basis of sex and such facilities shall be comparable443
to such facilities provided for students of the other sex;444
(B) No covered entity shall operate or sponsor one or more teams in any intercollegiate445
competition in this state that permits a male to use any multiple occupancy restroom or446
changing area or sleeping quarters designated for use by females in conjunction with447
such competition;448
(C) No covered entity shall operate or sponsor one or more teams in any intercollegiate449
competition in this state that permits a female to use any multiple occupancy restroom450
or changing area or sleeping quarters designated for use by males in conjunction with451
such competition;452
(D) To ensure the privacy and safety of student athletes, each covered entity that453
operates or sponsors one or more teams in any intercollegiate competition shall, in454
conjunction with such competition:455
(i) Designate each multiple occupancy restroom or changing area and sleeping456
quarters for exclusive use by males or for exclusive use by females; and457
(ii) Provide a reasonable accommodation to individuals who are unwilling or unable458
to use a multiple occupancy restroom or changing area or sleeping quarters designated459
for each such individual's sex; and460
(E)(i) A reasonable accommodation under this paragraph may include, but shall not461
be limited to, allowing such individual to access a single occupancy restroom or462
changing area or sleeping quarters; and463
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(ii) A reasonable accommodation under this paragraph shall not include allowing464
such individual to access a multiple or single occupancy restroom or changing area465
or sleeping quarters that is designated for use by members of the other sex while466
members of the other sex of the individual are present or may be present in such467
restroom or changing area or sleeping quarters;468
(4) No covered entity shall host, sponsor, or participate in any intercollegiate competition469
in this state that permits a male to:470
(A) Participate in any intercollegiate competition in this state on any team that is471
designated as female; or472
(B) Use any multiple occupancy restroom or changing area or sleeping quarters473
designated for use by females in conjunction with such competition; and474
(5) No covered entity shall award to a male an athletic scholarship allocated to,475
associated with, or otherwise intended for a female team member.476
(b) Nothing in this Code section shall be construed to prohibit males from participating in477
practices, exhibitions, or scrimmages with teams designated as female; provided, however,478
that nothing in this subsection shall be construed to permit a male to receive a scholarship479
in conjunction with such participation.480
(c) Any covered entity or governing body that violates any provision of subsection (a) of481
this Code section shall be subject to the withholding of state funding. Such withholding482
of state funding may include funds provided to one or more postsecondary educational483
institutions or governing bodies directly, as well as funding for scholarships, loans, and484
grants pursuant to this chapter for students of such postsecondary educational institutions.485
(d)(1) In addition to any other rights or remedies otherwise provided by law, any student:486
(A) Who is deprived of an athletic opportunity or suffers any direct or indirect harm487
as a result of a violation of this Code section shall have a private cause of action for488
injunctive relief, damages, and any other relief available under law. If an aggrieved489
student is the prevailing party in such action, such student shall be entitled to an award490
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of monetary damages, including for any psychological, emotional, or physical harm491
suffered, reasonable attorney's fees, court costs, and expenses of litigation, and any492
other appropriate relief; or493
(B) Who is subject to retaliation or other adverse action by a covered entity, a494
governing body, or a local, state, regional, or national athletic conference or athletic495
association as a result of reporting a violation of this Code section to an employee or496
representative such covered entity, governing body, athletic conference or athletic497
association, or to any state or federal agency with oversight over postsecondary498
educational institutions in this state, shall have a private cause of action for injunctive499
relief, damages, and any other relief available under law. If an aggrieved student is the500
prevailing party in such action, such student shall be entitled to an award of monetary501
damages, including for any psychological, emotional, or physical harm suffered,502
reasonable attorney's fees, court costs, and expenses of litigation, and any other503
appropriate relief.504
(2) All civil actions brought under this subsection shall be initiated within two years after505
the alleged harm occurred.506
(e) Nothing in this Code section shall be construed to abrogate or otherwise affect the507
operation or application of Section 504 of the federal Rehabilitation Act of 1973, the508
federal Americans with Disabilities Act of 1990, or the federal Health Insurance Portability509
and Accountability Act of 1996, P.L. 104-191."510
SECTION 5.511
All laws and parts of laws in conflict with this Act are repealed.512
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