25 LC 49 2383S
The House Committee on Education offers the following substitute to SB 1:
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1
enact the "Riley Gaines Act of 2025"; to provide generally for competitively fair and safe2
student participation in school and college sports; to provide for legislative findings and3
intent; to promote fair and safe competition; to provide for equal athletic opportunities and4
safety; to provide for specific designations of teams operated or sponsored by local school5
systems, public schools, participating private schools, and postsecondary educational6
institutions in this state; to prohibit males from participating in interscholastic and7
intercollegiate competitions on teams designated as female; to prohibit females from8
participating in competition on intercollegiate teams designated as male, subject to9
exceptions; to provide for such exceptions; to provide for interscholastic coed team10
designations; to provide for the use of student eligibility rules, standards, and classifications;11
to provide for exceptions to general provisions; to require multiple occupancy restrooms and12
changing areas and sleeping quarters to be designated for exclusive use by males or females;13
to provide for reasonable accommodations; to provide for exceptions; to prohibit14
postsecondary educational institutions that are covered entities from hosting or sponsoring15
intercollegiate competitions that allow males to participate with teams designated as female16
or use multiple occupancy restrooms or changing areas and sleeping quarters designated for17
use by females; to prohibit such covered entities from awarding to males scholarships18
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intended for female team members; to provide for policies, rules, and regulations; to provide19
for investigation of complaints of noncompliance; to provide for sanctions; to provide for a20
cause of action; to provide for definitions; to provide for statutory construction; to provide21
for a short title; to provide for related matters; to repeal conflicting laws; and for other22
purposes.23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24
SECTION 1.25
This Act shall be known and may be cited as the "Riley Gaines Act of 2025."26
SECTION 2.27
(a) The General Assembly finds that:28
(1) There are inherent physical differences between males and females;29
(2) Decisions regarding the regulation of sports should be based on promoting and30
preserving competitive fairness and protecting student safety;31
(3) Protecting student athletes from harm and promoting and preserving the competitive32
fairness of sports are important state interests; and33
(4) Requiring the designation of separate, sex-specific athletic teams and sports is34
necessary to protect student athletes from harm and to promote and preserve the35
competitive fairness of sports.36
(b) It is the intent of the General Assembly that:37
(1) Student athletes have competitively fair and safe opportunities to participate and38
succeed in sports; and39
(2) Female student athletes have fair opportunities to demonstrate their strength, skills, and40
athletic abilities and to obtain recognition, accolades, college scholarships, and the41
numerous other long-term benefits that result from participating and competing in sports.42
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SECTION 3.43
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in44
Part 14 of Article 6 of Chapter 2, relating to other educational programs under the "Quality45
Basic Education Act," by revising Code Section 20-2-315, relating to gender discrimination46
prohibited, authorized separate gender teams, equal athletic opportunity, physical education47
classes, employee designated to monitor compliance, grievance procedures, and reporting48
requirements, as follows:49
"20-2-315.50
(a) This Code section shall be known and may be cited as the 'Riley Gaines Act.'51
(b) As used in this Code section, the term:52
(1) 'Coed' means the inclusion of both males and females.53
(2) 'Compete,' 'competitive,' or 'competition' means a contest, game, match, tournament,54
or jamboree of teams in a sport. Such term shall not include practices, exhibitions, or55
scrimmages.56
(3) 'Contact sport' means a sport the purpose or a substantial component of which57
involves bodily contact. Such term includes, but shall not be limited to, basketball,58
boxing, football, ice hockey, lacrosse, martial arts, soccer, softball, rugby, volleyball, and59
wrestling.60
(4) 'Covered entity' means local school systems, public schools, and participating private61
schools.62
(5) 'Female' means an individual who has, had, will have, or, but for a developmental63
or genetic anomaly or historical accident, would have the reproductive system capable64
of producing human ovum.65
(6) 'Male' means an individual who has, had, will have, or, but for a developmental or66
genetic anomaly or historical accident, would have the reproductive system capable of67
producing human sperm.68
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(7) 'Multiple occupancy restroom or changing area' means an area in a covered entity's69
building that is designed or designated to be used by one or more individuals of the same70
sex at the same time and in which one or more individuals may be in various stages of71
undress in the presence of other individuals. Such term includes, but shall not be limited72
to:73
(A) Restrooms;74
(B) Locker rooms;75
(C) Changing rooms; and76
(D) Shower rooms.77
(8) 'Participating private school' means a private school in this state which operates or78
sponsors one or more teams that compete against one or more teams operated or79
sponsored by a local school system or public school in this state or that participate in80
competitions that are organized, sanctioned, or scheduled by an athletic association with81
members that include public schools.82
(9) 'Sex' means an individual's biological sex, either male or female. An individual's sex83
can be observed or clinically verified at or before birth and in no case is an individual's84
sex determined by stipulation or self-identification.85
(10) 'Sleeping quarters' means a room or other limited access designated space within a86
building or facility, such as a limited access designated space within a gymnasium,87
cafeteria, or auditorium or other performance space, in which more than one individual88
is housed overnight.89
(11) 'Sport' means an organized activity involving skill and physical effort undertaken90
by one or more teams according to established rules. Such term includes each such91
organized activity regardless of whether it is designated as a sport, an activity, or another92
similar designation by an athletic association that meets the requirements of Code93
Sections 20-2-316 through 20-2-316.3, 20-2-319, and 20-2-319.6.94
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(12) 'Student athlete' means a student enrolled at a covered entity who participates or is95
eligible to participate on any sport or team. A student who is permanently ineligible to96
participate on a particular sport or team is not a student athlete for the purposes of such97
sport or team.98
(13) 'Team' means a single student or a group of students operated and sponsored by a99
covered entity for the purpose of participating in a sport.100
(a)(c)(1) No student shall, on the basis of sex gender, be excluded from participation in,101
be denied the benefits of, be treated differently from another student, or otherwise be102
discriminated against in any interscholastic or intramural athletics offered sport operated103
or sponsored by a local school system or a public school, and no local school system shall104
provide any such athletics separately on such basis.105
(b)(2) A Notwithstanding the requirements of subsection (a) of this Code section, a local106
school system or public school shall be authorized to may operate or sponsor separate107
teams for members of each gender sex where selection for such teams is based upon108
competitive skill, competitive fairness, student safety, or the activity sport involved is a109
contact sport. However, where a local school system operates or sponsors a team in a110
particular sport for members of one gender but operates or sponsors no such team for111
members of the other gender, and athletic opportunities for members of that gender in112
that particular sport have previously been limited, members of the excluded gender must113
be allowed to try out for the team offered unless the sport involved is a contact sport. 114
Nothing in this subsection shall be construed to limit the authority of a local school115
system to operate or sponsor a single team for a contact sport that includes members of116
both genders. As used in this subsection, the term 'contact sport' includes boxing,117
wrestling, rugby, ice hockey, football, basketball, and any other sport the purpose or118
major activity of which involves bodily contact.119
(d)(1) For all interscholastic competitions, each covered entity shall designate each team120
operated or sponsored by such covered entity as one of the following:121
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(A) Male;122
(B) Female; or123
(C) Coed.124
(2) Males shall not be allowed to participate in any interscholastic competition on any125
team that is designated as female.126
(3) Females shall not be allowed to participate in any interscholastic competition on any127
team that is designated as male; provided, however, that females may be allowed to128
participate in an interscholastic competition on a team that is designated as male if a129
corresponding team designated for females is not offered or available for interscholastic130
competitions.131
(4) Any student shall be allowed to participate in any interscholastic competition on a132
team that is designated as coed.133
(5) Nothing in this subsection shall be construed to prohibit males from participating in134
practices, exhibitions, or scrimmages with teams designated as female.135
(6) Nothing in this subsection shall be construed to authorize a covered entity or an136
athletic association, as such term is defined in Code Section 20-2-316, to verify or137
confirm a student's sex through visual inspection of such student's external sex organs for138
purposes of participation in competitions; provided, however, that this paragraph shall139
not prohibit reliance on medical records or other standard school medical procedures to140
verify or confirm a student's sex.141
(c)(e)(1) A local school system or public school which operates or sponsors142
interscholastic or intramural athletics teams shall undertake all reasonable efforts to143
provide equal athletic opportunity for members of both genders sexes. In determining144
whether equal opportunities are available, the following factors shall be considered:145
(1)(A) Whether the selection of sports and levels of competition effectively146
accommodate the interests and abilities of members of both genders sexes;147
(2)(B) The provision of equipment and supplies;148
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(3)(C) Scheduling of games and practice time;149
(4)(D) Travel allowance;150
(5)(E) Opportunity to receive coaching and academic tutoring;151
(6)(F) Assignment and compensation of coaches and tutors;152
(7)(G) Provision of locker rooms multiple occupancy restroom or changing areas and153
practice and competitive facilities;154
(8)(H) Provision of medical and training facilities and services; and155
(9)(I) Publicity.156
(2) Unequal aggregate expenditures for members of each gender sex or unequal157
expenditures for male and female teams if a local school system or public school operates158
or sponsors separate teams will shall not constitute noncompliance with this subsection,159
but; provided, however, that the failure to provide essential funds for the basic operations160
of teams for one gender sex may be considered in assessing equality of opportunity for161
members of each gender sex.162
(3) Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local163
school system or public school to expend school tax funds as authorized by Article VIII,164
Section VI, Paragraph I(b) of the Constitution in order to comply with the requirements165
of this Code section.166
(d)(f)(1) Each covered entity shall A local school system may provide separate toilet,167
locker room, and shower facilities multiple occupancy restrooms or changing areas and168
sleeping quarters on the basis of gender, but sex, and such facilities shall be comparable169
to such facilities provided for students of the other gender sex.170
(2)(A) No covered entity shall operate or sponsor one or more teams in any171
interscholastic competition involving a local school system or public school that172
permits a male to use any multiple occupancy restroom or changing area or sleeping173
quarters designated for females in conjunction with such competition.174
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(B) No covered entity shall operate or sponsor one or more teams in any interscholastic175
competition involving a local school system or public school that permits a female to176
use any multiple occupancy restroom or changing area or sleeping quarters designated177
for males in conjunction with such competition.178
(3)(A) To ensure the privacy and safety of student athletes, each covered entity that179
operates or sponsors one or more teams in any interscholastic competition involving a180
local school system or public school shall, in conjunction with such competition:181
(i) Designate each multiple occupancy restroom or changing area and sleeping182
quarters for exclusive use by males or for exclusive use by females; and183
(ii) Provide a reasonable accommodation to individuals who are unwilling or unable184
to use a multiple occupancy restroom or changing area or sleeping quarters designated185
for each such individual's sex.186
(B) A reasonable accommodation under this paragraph may include, but shall not be187
limited to, allowing such individual to access a single occupancy restroom or changing188
area or sleeping quarters.189
(C) A reasonable accommodation under this paragraph shall not include allowing such190
individual to access a multiple or single occupancy restroom or changing area or191
sleeping quarters that is designated for use by members of the other sex while members192
of the other sex of the individual are present or may be present in such restroom or193
changing area or sleeping quarters.194
(4) Nothing in this subsection shall be construed or applied to prohibit an individual from195
entering a multiple occupancy restroom or changing area designated for use by196
individuals of the opposite sex when he or she enters such area for one of the following197
reasons:198
(A) For authorized custodial, maintenance, or inspection purposes;199
(B) To render emergency medical assistance;200
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(C) To address an ongoing emergency, including, but not limited to, a physical201
altercation;202
(D) A minor child is accompanied by his or her parent or legal guardian who deems203
such entry necessary for the child's safety, welfare, or assistance; or204
(E) The performance of official duties and responsibilities as authorized coaches and205
trainers for purposes directly related to a competition or other official activity of a team,206
including practice.207
(5)(A) Except as provided in subparagraph (B) of this paragraph, a covered entity that208
sponsors or supervises an overnight trip in conjunction with a competition involving209
public school students shall ensure that each public school student attending such210
overnight trip either:211
(i) Shares sleeping quarters with a member or, if necessary, multiple members, of the212
same sex; or213
(ii) Is provided single-occupancy sleeping quarters.214
(B) A public school student attending an overnight trip in conjunction with a215
competition may share sleeping quarters with a member of the opposite sex if the216
member of the opposite sex is a member of such student's immediate family.217
(e)(g) This Code section does shall not prohibit the grouping of students in physical218
education classes by gender sex.219
(f)(h)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school220
system or public school sponsors an athletic activity or a sport at a particular school that221
is similar to a sport for which an institution in the University System of Georgia offers222
an athletic scholarship, it must shall sponsor the athletic activity or sport for which a223
scholarship is offered at that school. This paragraph does shall not affect academic224
requirements for participation nor prevent the local school system or public school from225
sponsoring activities in addition to those for which scholarships are provided.226
(2) Two athletic activities or sports that are similar may be offered simultaneously.227
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(3) If a local school system or public school demonstrates by a bona fide survey of228
eligible students at the school, which is approved by the Department of Education for229
compliance with generally accepted opinion survey principles regarding neutral wording230
and other matters, that there is insufficient interest among students at the school to field231
a team described in paragraph (1) of this subsection, then the local school system or232
public school shall not be required to sponsor such athletic activity or sport at that school. 233
The exemption provided for by this paragraph shall be valid for 24 months following the234
date when the most recent bona fide student survey demonstrating a lack of student235
interest was completed, unless a new bona fide student survey is conducted within the 24236
month period that demonstrates sufficient interest to field a team. If such a new bona fide237
student survey demonstrates such sufficient interest, then the local school system or238
public school shall must comply with paragraph (1) of this subsection during the local239
school system's next fiscal school year and until such time as a new bona fide student240
survey demonstrates insufficient interest to field a team described in paragraph (1) of this241
subsection. A local school system or public school shall conduct the bona fide student242
survey described in this paragraph regarding interest in a team described in paragraph (1)243
of this subsection upon the request of nine students at the school, but no more frequently244
than once every 12 months.245
(4) Nothing in this subsection shall be construed to preclude the application of generally246
applicable policies or rules regarding the cancellation of an athletic activity or a sport due247
to lack of student participation in scheduled practices or contests competitions.248
(g)(i) Each local school system covered entity shall designate at least one employee to249
coordinate its efforts to comply with and carry out its responsibilities under this Code250
section, including the investigation of any complaint communicated to such local school251
system covered entity alleging its noncompliance with this Code section. The employee252
designated under this subsection may be the same person individual required to be253
designated under 34 C.F.R. Section 106.8, as it existed on June 30, 2024. Each covered254
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entity The local school system annually shall annually notify all its students of the name,255
office address, and office telephone number of the employee or employees appointed256
pursuant to this subsection. Such notification may be included in a student handbook code257
of conduct distributed pursuant to Code Section 20-2-736.258
(h)(j) Each local school system covered entity shall adopt and publish grievance259
procedures providing for prompt and equitable resolution of written student complaints,260
including complaints brought by a parent or guardian on behalf of his or her minor child261
who is a student, alleging any action which would be a violation of this Code section. Such262
procedures shall require that:263
(1)(A) Except as provided in subparagraph (B) of this paragraph, the The employee264
designated under subsection (g) (i) of this Code section shall render his or her decision265
in writing no later than 30 days after receipt of the complaint, and such decision shall266
set forth the essential facts and rationale for the decision;267
(B)(i) A student who is aggrieved by an alleged violation or anticipated violation of268
this Code section or his or her parent or guardian shall have a right to file a complaint269
with the employee designated in subsection (i) of this Code section with a request for270
an expedited preliminary determination as to whether a violation of this Code section271
exists or is about to occur.272
(ii) If an alleged violation or anticipated violation of this Code section is273
preliminarily determined by the employee designated in subsection (i) of this Code274
section to have occurred or is reasonably likely to occur, such designated employee275
shall issue a preliminary decision immediately and shall be authorized to direct in276
writing that the alleged violation or anticipated violation cease and desist pending a277
final resolution of such complaint.278
(iii) If a complaint with a request for an expedited preliminary determination brought279
pursuant to this subparagraph is rejected in whole or in part by the employee280
designated in subsection (i) of this Code section, such designated employee shall281
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render his or her decision rejecting such complaint in writing to the complainant, and282
such decision shall set forth the essential facts and rationale for the decision;283
(2) A copy of such decision shall be provided to the complainant within five days of as284
soon as practicable but not later than the second business day following the date of the285
decision; and286
(3) A complainant shall have a right to appeal such decision to the local board of287
education or other public school governing body, in the case of a public school, or the288
participating private school's governing body, in the case of a participating private school,289
within 35 days of the date of the decision. A ruling on such appeal shall be rendered in290
writing in writing no later than 35 days after receipt of the appeal, and such decision shall291
set forth the essential facts and rationale for the ruling.292
(i)(k)(1) A complainant may appeal a decision of a local board that is rendered under293
subsection (h) (j) of this Code section in accordance with the procedures specified in294
Code Section 20-2-1160. If the State Board of Education determines that a local school295
system or public school has failed to comply with this Code section, then the state board296
shall provide the local school system or public school with opportunities to prepare a297
corrective plan. If the state board determines that a corrective plan of the local school298
system or public school adequately plans and provides for future compliance with this299
Code section, then the state board shall approve the plan and direct the local school300
system or public school to implement such plan.301
(2) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one302
year following the date of a state board order directing implementation of a corrective303
plan pursuant to paragraph (1) of this subsection but within four years of the date of such304
order, the state board determines that the local school system or public school which was305
subject to such order has willfully failed to comply with this Code section, the state board306
may, after consideration of the local school system's or public school's efforts to307
implement the corrective plan approved in the earlier proceeding and of any other308
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corrective plan that may be submitted by the local school system or public school,309
transmit a certification of such determination to the Department of Community Affairs. 310
If the state board's determination of noncompliance is later reversed or vacated upon311
appeal, the state board shall immediately notify the Department of Community Affairs312
of such action.313
(3) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one314
year following the date of a state board certification to the Department of Community315
Affairs pursuant to paragraph (2) of this subsection but within four years of the date of316
such order, the state board determines that the local school system or public school which317
was subject to such order has willfully failed to comply with this Code section, the state318
board may, after consideration of the local school system's or public school's efforts to319
implement a corrective plan approved in an earlier proceeding and of any other corrective320
plan that may be submitted by the local school system or public school, order that a team321
or teams within the local school system or public school within the local school system322
shall not participate in interscholastic postseason athletic contests competitions and that323
participation in violation of such an order may result in withholding of state funds allotted324
pursuant to Code Section 20-2-186. An order of the state board barring participation in325
interscholastic postseason athletic contests competitions shall be made and announced326
before the beginning of a school year.327
(4) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one328
year following the date of a state board order prohibiting participation in interscholastic329
postseason athletic contests competitions pursuant to paragraph (3) of this subsection but330
within four years of the date of such order, the state board determines that the local331
school system or public school which was subject to such order has willfully failed to332
comply with this Code section, the state board may, after consideration of the local school333
system's or public school's efforts to implement a corrective plan approved in an earlier334
proceeding and of any other corrective plan that may be submitted by the local school335
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system or public school, withhold state funds that are allotted pursuant to Code336
Section 20-2-186 in an amount that the state board determines is sufficient to secure the337
local school system's or public school's compliance with this Code section. In the event338
that state funds are withheld pursuant to this paragraph, such funds shall later be allotted339
to the local school system or public school at such time as the state board determines that340
the local school system or public school is in compliance with this Code section.341
(j)(l) The Department of Education may publish an annual report of local school systems342
and public schools which may to include information regarding expenditures and343
participation rates for each gender sex and such other information as the state board and344
department deem relevant.345
(m)(1) In addition to any other rights or remedies otherwise provided by law, any346
student:347
(A) Who is deprived of an athletic opportunity or suffers any harm as a result of a348
violation of this Code section shall have a private cause of action for injunctive relief,349
damages, and any other relief available under law. If an aggrieved student or such350
student's parent or guardian is the prevailing party in such action, such student or such351
student's parent or guardian shall be entitled to an award of monetary damages,352
including for any psychological, emotional, or physical harm suffered, reasonable353
attorney's fees, court costs, and expenses of litigation, and any other appropriate relief;354
or355
(B) Who is subject to retaliation or other adverse action by a covered entity or a local,356
state, regional, or national athletic conference or association as a result of reporting a357
violation of this Code section to an employee or representative such covered entity,358
athletic association or conference, or to any state or federal agency with oversight over359
covered entities in this state, shall have a private cause of action for injunctive relief,360
damages, and any other relief available under law. If an aggrieved student or such361
student's parent or guardian is the prevailing party in such action, the student or362
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student's parent or guardian is the prevailing party in such action, such student shall be363
entitled to an award of monetary damages, including for any psychological, emotional,364
or physical harm suffered, reasonable attorney's fees, court costs, and expenses of365
litigation, and any other appropriate relief.366
(2) All civil actions brought under this subsection shall be initiated within two years after367
the alleged harm occurred.368
(n) Nothing in this Code section shall be construed to authorize or require a local school369
system, a public school, or any employee or agent thereof to confirm the sex of a student370
by visual inspection of such student's exterior sex organs.371
(o) Nothing in this Code section shall be construed to abrogate or otherwise affect the372
operation or application of the federal Individuals with Disabilities Education Act (IDEA),373
Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with374
Disabilities Act of 1990."375
SECTION 4.376
Said title is further amended in said part by revising paragraph (1) of subsection (b) and377
subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic378
association in high school athletics, as follows:379
"(1) The athletic association shall comply with the requirements of subsections (a)380
through (f) (h) of Code Section 20-2-315, as those requirements relate to the athletic381
association's functions of organizing, sanctioning, scheduling, or rule making for events382
in which public high schools participate;"383
"(E) The authority and duties of the executive oversight committee shall include:384
(i) To meet in person or remotely not less than twice each school year;385
(ii) To meet in person or remotely upon the call of the chairperson or a majority of386
the executive oversight committee;387
(iii) To establish policies and procedures for the executive oversight committee;388
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(iv) To conduct any independent audit, review, or investigation the executive389
oversight committee deems necessary, including, but not limited to, the audit, review,390
or investigation of the classifications of participating schools and travel-related travel391
related issues of participating schools; and392
(v) If the athletic association determines that it is necessary and appropriate to393
prohibit students whose gender is male from participating in athletic events that are394
designated for students whose gender is female, then the athletic association may395
adopt a policy to that effect; provided, however, that such policy shall be applied to396
all of the athletic association's participating public high schools; and397
(vi) To conduct an annual evaluation of the athletic association as a whole and398
present a report of its findings, recommendations, and conclusions to the General399
Assembly's High School Athletics Overview Committee; and"400
SECTION 5.401
Said title is further amended in Article 1 of Chapter 3, relating to postsecondary education402
generally, by designating Code Section 20-3-1, relating to definitions, as Part 1, and by403
adding a new part to read as follows:404
"Part 3405
20-3-15.406
As used in this part, the term:407
(1) 'Competition' means a contest, game, match, tournament, or jamboree of teams in a408
sport. Such term shall not include practices, exhibitions, or scrimmages.409
(2) 'Covered entity' means Georgia state schools and participating nonstate schools.410
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(3) 'Female' means an individual who has, had, will have, or, but for a developmental or411
genetic anomaly or historical accident, would have the reproductive system capable of412
producing human ovum.413
(4) 'Georgia state school' means a postsecondary educational institution which is:414
(A) An institution of the University System of Georgia; or415
(B) A unit of the Technical College System of Georgia.416
(5) 'Governing body' means the individual or entity responsible for establishing the417
policies, rules, and regulations for a covered entity, including, but not limited to, such418
policies, rules, and regulations for the operation of such covered entity's athletic419
department, if any, and the operation or sponsorship of such covered entity's420
intercollegiate competitions, sports, and teams. Such term shall not include any local,421
state, regional, or national athletic conference or athletic association.422
(6) 'Male' means an individual who has, had, will have, or, but for a developmental or423
genetic anomaly or historical accident, would have the reproductive system capable of424
producing human sperm.425
(7) 'Multiple occupancy restroom or changing area' means an area in a postsecondary426
educational institution's building that is designed or designated to be used by one or more427
individuals of the same sex at the same time and in which one or more individuals may428
be in various stages of undress in the presence of other individuals. Such term includes,429
but shall not be limited to:430
(A) Restrooms;431
(B) Locker rooms;432
(C) Changing rooms; and433
(D) Shower rooms.434
(8) 'Participating nonstate school' means a private postsecondary educational institution435
that is eligible for tuition equalization grants in accordance with the provisions of Code436
Section 20-3-411 or any other private or public postsecondary educational institution that437
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is not a Georgia state school whose students or teams participate in intercollegiate438
competitions against students or teams from a Georgia state school in this state; provided,439
however, that such term shall apply to such an institution only when and to the extent that440
such institution is participating in an intercollegiate competition against a Georgia state441
school in this state; and provided, further, that such term shall not apply to institutions442
when participating in intercollegiate competitions in this state exclusively against one or443
more other such institutions.444
(9) 'Sex' means an individual's biological sex, either male or female. An individual's sex445
can be observed or clinically verified at or before birth and in no case is an individual's446
sex determined by stipulation or self-identification.447
(10) 'Sleeping quarters' means a room or other limited access designated space within a448
building or facility, such as a limited access designated space within a gymnasium,449
cafeteria, or auditorium or other performance space, in which more than one individual450
is housed overnight.451
(11) 'Sport' means an organized activity involving skill and physical effort undertaken452
by one or more teams according to established rules.453
(12) 'Student athlete' means a student enrolled at a covered entity who participates in or454
is eligible to participate on any sport or team. A student who is permanently ineligible455
to participate on a particular sport or team is not a student athlete for the purposes of such456
sport or team.457
(13) 'Team' means a single student or a group of students operated and sponsored by a458
covered entity for the purpose of participating in a sport.459
20-3-16.460
(a) Each governing body in this state shall adopt such policies, rules, and regulations as461
necessary to ensure the following for all intercollegiate competitions involving covered462
entities in this state:463
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(1) Each covered entity shall designate each team operated or sponsored by such covered464
entity as one of the following:465
(A) Male; or466
(B) Female;467
(2)(A) Males shall not be allowed to participate in any intercollegiate competition in468
this state on any team that is designated as female.469
(B) Females shall not be allowed to participate in any intercollegiate competition in470
this state on any team that is designated as male; provided, however, that females may471
be allowed to participate in an intercollegiate competition in this state on a team that472
is designated as male if a corresponding team designated for females is not offered or473
available for intercollegiate competitions;474
(3)(A) Multiple occupancy restrooms or changing areas and sleeping quarters shall be475
available to student athletes on the basis of sex and such facilities shall be comparable476
to such facilities provided for students of the other sex.477
(B) No covered entity shall operate or sponsor one or more teams in any intercollegiate478
competition in this state that permits a male to use any multiple occupancy restroom or479
changing area or sleeping quarters designated for use by females in conjunction with480
such competition.481
(C) No covered entity shall operate or sponsor one or more teams in any intercollegiate482
competition in this state that permits a female to use any multiple occupancy restroom483
or changing area or sleeping quarters designated for use by males in conjunction with484
such competition.485
(D) To ensure the privacy and safety of student athletes, each covered entity that486
operates or sponsors one or more teams in any intercollegiate competition shall, in487
conjunction with such competition:488
(i) Designate each multiple occupancy restroom or changing area and sleeping489
quarters for exclusive use by males or for exclusive use by females; and490
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(ii) Provide a reasonable accommodation to individuals who are unwilling or unable491
to use a multiple occupancy restroom or changing area or sleeping quarters designated492
for each such individual's sex; and493
(E)(i) A reasonable accommodation under this paragraph may include, but shall not494
be limited to, allowing such individual to access a single occupancy restroom or495
changing area or sleeping quarters.496
(ii) A reasonable accommodation under this paragraph shall not include allowing497
such individual to access a multiple or single occupancy restroom or changing area498
or sleeping quarters that is designated for use by members of the other sex while499
members of the other sex of the individual are present or may be present in such500
restroom or changing area or sleeping quarters;501
(4) No covered entity shall host, sponsor, or participate in any intercollegiate competition502
in this state that permits a male to:503
(A) Participate in any intercollegiate competition in this state on any team that is504
designated as female; or505
(B) Use any multiple occupancy restroom or changing area or sleeping quarters506
designated for use by females in conjunction with such competition;507
(5) Nothing in subparagraph (a)(3)(D) or (a)(4)(B) of this Code section shall be508
construed or applied to prohibit an individual from entering a multiple occupancy509
restroom or changing area designated for use by individuals of the opposite sex when he510
or she enters such area for one of the following reasons:511
(A) For authorized custodial, maintenance, or inspection purposes;512
(B) To render emergency medical assistance;513
(C) To address an ongoing emergency, including, but not limited to, a physical514
altercation;515
(D) A minor child is accompanied by his or her parent or legal guardian who deems516
such entry necessary for the child's safety, welfare, or assistance; or517
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(E) The performance of official duties and responsibilities as authorized coaches and518
trainers for purposes directly related to a competition or other official activity of a team,519
including practice; and520
(6) No covered entity shall award to a male an athletic scholarship allocated to,521
associated with, or otherwise intended for a female team member.522
(b) Nothing in this Code section shall be construed to prohibit males from participating in523
practices, exhibitions, or scrimmages with teams designated as female; provided, however,524
that nothing in this subsection shall be construed to permit a male to receive a scholarship525
in conjunction with such participation.526
(c) Nothing in this Code section shall be construed to authorize a covered entity or527
governing body to verify or confirm a student athlete's sex through visual inspection of528
such student athlete's external sex organs for purposes of participation in competitions;529
provided, however, that this paragraph shall not prohibit reliance on medical records or530
other standard school medical procedures to verify or confirm a student's athlete's sex.531
(d) Any covered entity or governing body that violates any provision of subsection (a) of532
this Code section shall be subject to the withholding of state funding. Such withholding533
of state funding may include funds provided to one or more postsecondary educational534
institutions or governing bodies directly, as well as funding for scholarships, loans, and535
grants pursuant to this chapter for students of such postsecondary educational institutions.536
(e)(1) In addition to any other rights or remedies otherwise provided by law, any student:537
(A) Who is deprived of an athletic opportunity or suffers any harm as a result of a538
violation of this Code section shall have a private cause of action for injunctive relief,539
damages, and any other relief available under law. If an aggrieved student is the540
prevailing party in such action, such student shall be entitled to an award of monetary541
damages, including for any psychological, emotional, or physical harm suffered,542
reasonable attorney's fees, court costs, and expenses of litigation, and any other543
appropriate relief; or544
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(B) Who is subject to retaliation or other adverse action by a covered entity, a545
governing body, or a local, state, regional, or national athletic conference or athletic546
association as a result of reporting a violation of this Code section to an employee or547
representative such covered entity, governing body, athletic conference or athletic548
association, or to any state or federal agency with oversight over postsecondary549
educational institutions in this state, shall have a private cause of action for injunctive550
relief, damages, and any other relief available under law. If an aggrieved student is the551
prevailing party in such action, such student shall be entitled to an award of monetary552
damages, including for any psychological, emotional, or physical harm suffered,553
reasonable attorney's fees, court costs, and expenses of litigation, and any other554
appropriate relief.555
(2) All civil actions brought under this subsection shall be initiated within two years after556
the alleged harm occurred.557
(f) Nothing in this Code section shall be construed to abrogate or otherwise affect the558
operation or application of Section 504 of the federal Rehabilitation Act of 1973, the559
federal Americans with Disabilities Act of 1990, or the federal Health Insurance Portability560
and Accountability Act of 1996, P.L. 104-191."561
SECTION 6.562
All laws and parts of laws in conflict with this Act are repealed.563
S. B. 1 (SUB)
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