Georgia 2025-2026 Regular Session

Georgia Senate Bill SB1 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 49 2383S
2		-	Senate Bill 1
3		-	By: Senators Dolezal of the 27th, Kennedy of the 18th, Gooch of the 51st, Beach of the 21st,
4		-	Robertson of the 29th and others
5		-	AS PASSED
	2	+	The House Committee on Education offers the following substitute to SB 1:
6	3		A BILL TO BE ENTITLED
7	4		AN ACT
8		-	To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
9		-	1
	5	+	To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1
10	6		enact the "Riley Gaines Act of 2025"; to provide generally for competitively fair and safe2
11	7		student participation in school and college sports; to provide for legislative findings and3
12	8		intent; to promote fair and safe competition; to provide for equal athletic opportunities and4
13	9		safety; to provide for specific designations of teams operated or sponsored by local school5
14	10		systems, public schools, participating private schools, and postsecondary educational6
15	11		institutions in this state; to prohibit males from participating in interscholastic and7
16	12		intercollegiate competitions on teams designated as female; to prohibit females from8
17	13		participating in competition on intercollegiate teams designated as male, subject to9
18	14		exceptions; to provide for such exceptions; to provide for interscholastic coed team10
19	15		designations; to provide for the use of student eligibility rules, standards, and classifications;11
20	16		to provide for exceptions to general provisions; to require multiple occupancy restrooms and12
21	17		changing areas and sleeping quarters to be designated for exclusive use by males or females;13
22	18		to provide for reasonable accommodations; to provide for exceptions; to prohibit14
23	19		postsecondary educational institutions that are covered entities from hosting or sponsoring15
24	20		intercollegiate competitions that allow males to participate with teams designated as female16
25	21		or use multiple occupancy restrooms or changing areas and sleeping quarters designated for17
26	22		use by females; to prohibit such covered entities from awarding to males scholarships18
27		-	S. B. 1
	23	+	S. B. 1 (SUB)
28	24		- 1 - 25 LC 49 2383S
29		-	intended for female team members; to provide for policies, rules, and regulations; to provide
30		-	19
	25	+	intended for female team members; to provide for policies, rules, and regulations; to provide19
31	26		for investigation of complaints of noncompliance; to provide for sanctions; to provide for a20
32	27		cause of action; to provide for definitions; to provide for statutory construction; to provide21
33	28		for a short title; to provide for related matters; to repeal conflicting laws; and for other22
34	29		purposes.23
35	30		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24
36	31		SECTION 1.25
37	32		This Act shall be known and may be cited as the "Riley Gaines Act of 2025."26
38	33		SECTION 2.27
39	34		(a) The General Assembly finds that:28
40	35		(1) There are inherent physical differences between males and females;29
41	36		(2) Decisions regarding the regulation of sports should be based on promoting and30
42	37		preserving competitive fairness and protecting student safety;31
43	38		(3) Protecting student athletes from harm and promoting and preserving the competitive32
44	39		fairness of sports are important state interests; and33
45	40		(4) Requiring the designation of separate, sex-specific athletic teams and sports is34
46	41		necessary to protect student athletes from harm and to promote and preserve the35
47	42		competitive fairness of sports.36
48	43		(b) It is the intent of the General Assembly that:37
49	44		(1) Student athletes have competitively fair and safe opportunities to participate and38
50	45		succeed in sports; and39
51	46		(2) Female student athletes have fair opportunities to demonstrate their strength, skills, and40
52	47		athletic abilities and to obtain recognition, accolades, college scholarships, and the41
53	48		numerous other long-term benefits that result from participating and competing in sports.42
54		-	S. B. 1
	49	+	S. B. 1 (SUB)
55	50		- 2 - 25 LC 49 2383S
56		-	SECTION 3.
57		-	43
	51	+	SECTION 3.43
58	52		Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in44
59	53		Part 14 of Article 6 of Chapter 2, relating to other educational programs under the "Quality45
60	54		Basic Education Act," by revising Code Section 20-2-315, relating to gender discrimination46
61	55		prohibited, authorized separate gender teams, equal athletic opportunity, physical education47
62	56		classes, employee designated to monitor compliance, grievance procedures, and reporting48
63	57		requirements, as follows:49
64	58		"20-2-315.50
65		-	(a) This Code section shall be known and may be cited as the 'Riley Gaines Act.'
66		-	51
	59	+	(a) This Code section shall be known and may be cited as the 'Riley Gaines Act.'51
67	60		(b) As used in this Code section, the term:52
68	61		(1) 'Coed' means the inclusion of both males and females.53
69	62		(2) 'Compete,' 'competitive,' or 'competition' means a contest, game, match, tournament,54
70	63		or jamboree of teams in a sport. Such term shall not include practices, exhibitions, or55
71	64		scrimmages.56
72	65		(3) 'Contact sport' means a sport the purpose or a substantial component of which57
73	66		involves bodily contact. Such term includes, but shall not be limited to, basketball,58
74	67		boxing, football, ice hockey, lacrosse, martial arts, soccer, softball, rugby, volleyball, and59
75	68		wrestling.60
76	69		(4) 'Covered entity' means local school systems, public schools, and participating private61
77	70		schools.62
78	71		(5) 'Female' means an individual who has, had, will have, or, but for a developmental63
79	72		or genetic anomaly or historical accident, would have the reproductive system capable64
80	73		of producing human ovum.65
81	74		(6) 'Male' means an individual who has, had, will have, or, but for a developmental or66
82	75		genetic anomaly or historical accident, would have the reproductive system capable of67
83	76		producing human sperm.68
84		-	S. B. 1
	77	+	S. B. 1 (SUB)
85	78		- 3 - 25 LC 49 2383S
86	79		(7) 'Multiple occupancy restroom or changing area' means an area in a covered entity's69
87	80		building that is designed or designated to be used by one or more individuals of the same70
88	81		sex at the same time and in which one or more individuals may be in various stages of71
89	82		undress in the presence of other individuals. Such term includes, but shall not be limited72
90	83		to:73
91	84		(A) Restrooms;74
92	85		(B) Locker rooms;75
93	86		(C) Changing rooms; and76
94	87		(D) Shower rooms.77
95	88		(8) 'Participating private school' means a private school in this state which operates or78
96	89		sponsors one or more teams that compete against one or more teams operated or79
97	90		sponsored by a local school system or public school in this state or that participate in80
98	91		competitions that are organized, sanctioned, or scheduled by an athletic association with81
99	92		members that include public schools.82
100	93		(9) 'Sex' means an individual's biological sex, either male or female. An individual's sex83
101	94		can be observed or clinically verified at or before birth and in no case is an individual's84
102	95		sex determined by stipulation or self-identification.85
103	96		(10) 'Sleeping quarters' means a room or other limited access designated space within a86
104	97		building or facility, such as a limited access designated space within a gymnasium,87
105	98		cafeteria, or auditorium or other performance space, in which more than one individual88
106	99		is housed overnight.89
107	100		(11) 'Sport' means an organized activity involving skill and physical effort undertaken90
108	101		by one or more teams according to established rules. Such term includes each such91
109	102		organized activity regardless of whether it is designated as a sport, an activity, or another92
110	103		similar designation by an athletic association that meets the requirements of Code93
111	104		Sections 20-2-316 through 20-2-316.3, 20-2-319, and 20-2-319.6.94
112		-	S. B. 1
	105	+	S. B. 1 (SUB)
113	106		- 4 - 25 LC 49 2383S
114	107		(12) 'Student athlete' means a student enrolled at a covered entity who participates or is95
115	108		eligible to participate on any sport or team. A student who is permanently ineligible to96
116	109		participate on a particular sport or team is not a student athlete for the purposes of such97
117	110		sport or team.98
118	111		(13) 'Team' means a single student or a group of students operated and sponsored by a99
119	112		covered entity for the purpose of participating in a sport.100
120	113		(a)(c)(1) No student shall, on the basis of sex gender, be excluded from participation in,101
121	114		be denied the benefits of, be treated differently from another student, or otherwise be102
122	115		discriminated against in any interscholastic or intramural athletics offered sport operated103
123	116		or sponsored by a local school system or a public school, and no local school system shall104
124	117		provide any such athletics separately on such basis.105
125	118		(b)(2) A Notwithstanding the requirements of subsection (a) of this Code section, a local106
126	119		school system or public school shall be authorized to may operate or sponsor separate107
127	120		teams for members of each gender sex where selection for such teams is based upon108
128	121		competitive skill, competitive fairness, student safety, or the activity sport involved is a109
129	122		contact sport. However, where a local school system operates or sponsors a team in a110
130	123		particular sport for members of one gender but operates or sponsors no such team for111
131	124		members of the other gender, and athletic opportunities for members of that gender in112
132	125		that particular sport have previously been limited, members of the excluded gender must113
133	126		be allowed to try out for the team offered unless the sport involved is a contact sport. 114
134	127		Nothing in this subsection shall be construed to limit the authority of a local school115
135	128		system to operate or sponsor a single team for a contact sport that includes members of116
136	129		both genders. As used in this subsection, the term 'contact sport' includes boxing,117
137	130		wrestling, rugby, ice hockey, football, basketball, and any other sport the purpose or118
138	131		major activity of which involves bodily contact.119
139	132		(d)(1) For all interscholastic competitions, each covered entity shall designate each team120
140	133		operated or sponsored by such covered entity as one of the following:121
141		-	S. B. 1
	134	+	S. B. 1 (SUB)
142	135		- 5 - 25 LC 49 2383S
143	136		(A) Male;122
144	137		(B) Female; or123
145	138		(C) Coed.124
146	139		(2) Males shall not be allowed to participate in any interscholastic competition on any125
147	140		team that is designated as female.126
148	141		(3) Females shall not be allowed to participate in any interscholastic competition on any127
149	142		team that is designated as male; provided, however, that females may be allowed to128
150	143		participate in an interscholastic competition on a team that is designated as male if a129
151	144		corresponding team designated for females is not offered or available for interscholastic130
152	145		competitions.131
153	146		(4) Any student shall be allowed to participate in any interscholastic competition on a132
154	147		team that is designated as coed.133
155	148		(5) Nothing in this subsection shall be construed to prohibit males from participating in134
156	149		practices, exhibitions, or scrimmages with teams designated as female.135
157	150		(6) Nothing in this subsection shall be construed to authorize a covered entity or an136
158	151		athletic association, as such term is defined in Code Section 20-2-316, to verify or137
159	152		confirm a student's sex through visual inspection of such student's external sex organs for138
160	153		purposes of participation in competitions; provided, however, that this paragraph shall139
161	154		not prohibit reliance on medical records or other standard school medical procedures to140
162	155		verify or confirm a student's sex.141
163	156		(c)(e)(1) A local school system or public school which operates or sponsors142
164	157		interscholastic or intramural athletics teams shall undertake all reasonable efforts to143
165	158		provide equal athletic opportunity for members of both genders sexes. In determining144
166	159		whether equal opportunities are available, the following factors shall be considered:145
167	160		(1)(A) Whether the selection of sports and levels of competition effectively146
168	161		accommodate the interests and abilities of members of both genders sexes;147
169	162		(2)(B) The provision of equipment and supplies;148
170		-	S. B. 1
	163	+	S. B. 1 (SUB)
171	164		- 6 - 25 LC 49 2383S
172	165		(3)(C) Scheduling of games and practice time;149
173	166		(4)(D) Travel allowance;150
174	167		(5)(E) Opportunity to receive coaching and academic tutoring;151
175	168		(6)(F) Assignment and compensation of coaches and tutors;152
176	169		(7)(G) Provision of locker rooms multiple occupancy restroom or changing areas and153
177	170		practice and competitive facilities;154
178	171		(8)(H) Provision of medical and training facilities and services; and155
179	172		(9)(I) Publicity.156
180	173		(2) Unequal aggregate expenditures for members of each gender sex or unequal157
181	174		expenditures for male and female teams if a local school system or public school operates158
182	175		or sponsors separate teams will shall not constitute noncompliance with this subsection,159
183	176		but; provided, however, that the failure to provide essential funds for the basic operations160
184	177		of teams for one gender sex may be considered in assessing equality of opportunity for161
185	178		members of each gender sex.162
186	179		(3) Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local163
187	180		school system or public school to expend school tax funds as authorized by Article VIII,164
188	181		Section VI, Paragraph I(b) of the Constitution in order to comply with the requirements165
189	182		of this Code section.166
190	183		(d)(f)(1) Each covered entity shall A local school system may provide separate toilet,167
191	184		locker room, and shower facilities multiple occupancy restrooms or changing areas and168
192	185		sleeping quarters on the basis of gender, but sex, and such facilities shall be comparable169
193	186		to such facilities provided for students of the other gender sex.170
194	187		(2)(A) No covered entity shall operate or sponsor one or more teams in any171
195	188		interscholastic competition involving a local school system or public school that172
196	189		permits a male to use any multiple occupancy restroom or changing area or sleeping173
197	190		quarters designated for females in conjunction with such competition.174
198		-	S. B. 1
	191	+	S. B. 1 (SUB)
199	192		- 7 - 25 LC 49 2383S
200	193		(B) No covered entity shall operate or sponsor one or more teams in any interscholastic175
201	194		competition involving a local school system or public school that permits a female to176
202	195		use any multiple occupancy restroom or changing area or sleeping quarters designated177
203	196		for males in conjunction with such competition.178
204	197		(3)(A) To ensure the privacy and safety of student athletes, each covered entity that179
205	198		operates or sponsors one or more teams in any interscholastic competition involving a180
206	199		local school system or public school shall, in conjunction with such competition:181
207	200		(i) Designate each multiple occupancy restroom or changing area and sleeping182
208	201		quarters for exclusive use by males or for exclusive use by females; and183
209	202		(ii) Provide a reasonable accommodation to individuals who are unwilling or unable184
210	203		to use a multiple occupancy restroom or changing area or sleeping quarters designated185
211	204		for each such individual's sex.186
212	205		(B) A reasonable accommodation under this paragraph may include, but shall not be187
213	206		limited to, allowing such individual to access a single occupancy restroom or changing188
214	207		area or sleeping quarters.189
215	208		(C) A reasonable accommodation under this paragraph shall not include allowing such190
216	209		individual to access a multiple or single occupancy restroom or changing area or191
217	210		sleeping quarters that is designated for use by members of the other sex while members192
218	211		of the other sex of the individual are present or may be present in such restroom or193
219	212		changing area or sleeping quarters.194
220	213		(4) Nothing in this subsection shall be construed or applied to prohibit an individual from195
221	214		entering a multiple occupancy restroom or changing area designated for use by196
222	215		individuals of the opposite sex when he or she enters such area for one of the following197
223	216		reasons:198
224	217		(A) For authorized custodial, maintenance, or inspection purposes;199
225	218		(B) To render emergency medical assistance;200
226		-	S. B. 1
	219	+	S. B. 1 (SUB)
227	220		- 8 - 25 LC 49 2383S
228	221		(C) To address an ongoing emergency, including, but not limited to, a physical201
229	222		altercation;202
230	223		(D) A minor child is accompanied by his or her parent or legal guardian who deems203
231	224		such entry necessary for the child's safety, welfare, or assistance; or204
232	225		(E) The performance of official duties and responsibilities as authorized coaches and205
233	226		trainers for purposes directly related to a competition or other official activity of a team,206
234	227		including practice.207
235	228		(5)(A) Except as provided in subparagraph (B) of this paragraph, a covered entity that208
236	229		sponsors or supervises an overnight trip in conjunction with a competition involving209
237	230		public school students shall ensure that each public school student attending such210
238	231		overnight trip either:211
239	232		(i) Shares sleeping quarters with a member or, if necessary, multiple members, of the212
240	233		same sex; or213
241	234		(ii) Is provided single-occupancy sleeping quarters.214
242	235		(B) A public school student attending an overnight trip in conjunction with a215
243	236		competition may share sleeping quarters with a member of the opposite sex if the216
244	237		member of the opposite sex is a member of such student's immediate family.217
245	238		(e)(g) This Code section does shall not prohibit the grouping of students in physical218
246	239		education classes by gender sex.219
247	240		(f)(h)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school220
248	241		system or public school sponsors an athletic activity or a sport at a particular school that221
249	242		is similar to a sport for which an institution in the University System of Georgia offers222
250	243		an athletic scholarship, it must shall sponsor the athletic activity or sport for which a223
251	244		scholarship is offered at that school. This paragraph does shall not affect academic224
252	245		requirements for participation nor prevent the local school system or public school from225
253	246		sponsoring activities in addition to those for which scholarships are provided.226
254	247		(2) Two athletic activities or sports that are similar may be offered simultaneously.227
255		-	S. B. 1
	248	+	S. B. 1 (SUB)
256	249		- 9 - 25 LC 49 2383S
257	250		(3) If a local school system or public school demonstrates by a bona fide survey of228
258	251		eligible students at the school, which is approved by the Department of Education for229
259	252		compliance with generally accepted opinion survey principles regarding neutral wording230
260	253		and other matters, that there is insufficient interest among students at the school to field231
261	254		a team described in paragraph (1) of this subsection, then the local school system or232
262	255		public school shall not be required to sponsor such athletic activity or sport at that school. 233
263	256		The exemption provided for by this paragraph shall be valid for 24 months following the234
264	257		date when the most recent bona fide student survey demonstrating a lack of student235
265	258		interest was completed, unless a new bona fide student survey is conducted within the 24236
266	259		month period that demonstrates sufficient interest to field a team. If such a new bona fide237
267	260		student survey demonstrates such sufficient interest, then the local school system or238
268	261		public school shall must comply with paragraph (1) of this subsection during the local239
269	262		school system's next fiscal school year and until such time as a new bona fide student240
270	263		survey demonstrates insufficient interest to field a team described in paragraph (1) of this241
271	264		subsection. A local school system or public school shall conduct the bona fide student242
272	265		survey described in this paragraph regarding interest in a team described in paragraph (1)243
273	266		of this subsection upon the request of nine students at the school, but no more frequently244
274	267		than once every 12 months.245
275	268		(4) Nothing in this subsection shall be construed to preclude the application of generally246
276	269		applicable policies or rules regarding the cancellation of an athletic activity or a sport due247
277	270		to lack of student participation in scheduled practices or contests competitions.248
278	271		(g)(i) Each local school system covered entity shall designate at least one employee to249
279	272		coordinate its efforts to comply with and carry out its responsibilities under this Code250
280	273		section, including the investigation of any complaint communicated to such local school251
281	274		system covered entity alleging its noncompliance with this Code section. The employee252
282	275		designated under this subsection may be the same person individual required to be253
283	276		designated under 34 C.F.R. Section 106.8, as it existed on June 30, 2024. Each covered254
284		-	S. B. 1
	277	+	S. B. 1 (SUB)
285	278		- 10 - 25 LC 49 2383S
286	279		entity The local school system annually shall annually notify all its students of the name,255
287	280		office address, and office telephone number of the employee or employees appointed256
288	281		pursuant to this subsection. Such notification may be included in a student handbook code257
289	282		of conduct distributed pursuant to Code Section 20-2-736.258
290	283		(h)(j) Each local school system covered entity shall adopt and publish grievance259
291	284		procedures providing for prompt and equitable resolution of written student complaints,260
292	285		including complaints brought by a parent or guardian on behalf of his or her minor child261
293	286		who is a student, alleging any action which would be a violation of this Code section. Such262
294	287		procedures shall require that:263
295	288		(1)(A) Except as provided in subparagraph (B) of this paragraph, the The employee264
296	289		designated under subsection (g) (i) of this Code section shall render his or her decision265
297	290		in writing no later than 30 days after receipt of the complaint, and such decision shall266
298	291		set forth the essential facts and rationale for the decision;267
299	292		(B)(i) A student who is aggrieved by an alleged violation or anticipated violation of268
300	293		this Code section or his or her parent or guardian shall have a right to file a complaint269
301	294		with the employee designated in subsection (i) of this Code section with a request for270
302	295		an expedited preliminary determination as to whether a violation of this Code section271
303	296		exists or is about to occur.272
304	297		(ii) If an alleged violation or anticipated violation of this Code section is273
305	298		preliminarily determined by the employee designated in subsection (i) of this Code274
306	299		section to have occurred or is reasonably likely to occur, such designated employee275
307	300		shall issue a preliminary decision immediately and shall be authorized to direct in276
308	301		writing that the alleged violation or anticipated violation cease and desist pending a277
309	302		final resolution of such complaint.278
310	303		(iii) If a complaint with a request for an expedited preliminary determination brought279
311	304		pursuant to this subparagraph is rejected in whole or in part by the employee280
312	305		designated in subsection (i) of this Code section, such designated employee shall281
313		-	S. B. 1
	306	+	S. B. 1 (SUB)
314	307		- 11 - 25 LC 49 2383S
315	308		render his or her decision rejecting such complaint in writing to the complainant, and282
316	309		such decision shall set forth the essential facts and rationale for the decision;283
317	310		(2) A copy of such decision shall be provided to the complainant within five days of as284
318	311		soon as practicable but not later than the second business day following the date of the285
319	312		decision; and286
320	313		(3) A complainant shall have a right to appeal such decision to the local board of287
321	314		education or other public school governing body, in the case of a public school, or the288
322	315		participating private school's governing body, in the case of a participating private school,289
323	316		within 35 days of the date of the decision. A ruling on such appeal shall be rendered in290
324	317		writing in writing no later than 35 days after receipt of the appeal, and such decision shall291
325	318		set forth the essential facts and rationale for the ruling.292
326	319		(i)(k)(1) A complainant may appeal a decision of a local board that is rendered under293
327	320		subsection (h) (j) of this Code section in accordance with the procedures specified in294
328	321		Code Section 20-2-1160. If the State Board of Education determines that a local school295
329	322		system or public school has failed to comply with this Code section, then the state board296
330	323		shall provide the local school system or public school with opportunities to prepare a297
331	324		corrective plan. If the state board determines that a corrective plan of the local school298
332	325		system or public school adequately plans and provides for future compliance with this299
333	326		Code section, then the state board shall approve the plan and direct the local school300
334	327		system or public school to implement such plan.301
335	328		(2) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one302
336	329		year following the date of a state board order directing implementation of a corrective303
337	330		plan pursuant to paragraph (1) of this subsection but within four years of the date of such304
338	331		order, the state board determines that the local school system or public school which was305
339	332		subject to such order has willfully failed to comply with this Code section, the state board306
340	333		may, after consideration of the local school system's or public school's efforts to307
341	334		implement the corrective plan approved in the earlier proceeding and of any other308
342		-	S. B. 1
	335	+	S. B. 1 (SUB)
343	336		- 12 - 25 LC 49 2383S
344	337		corrective plan that may be submitted by the local school system or public school,309
345	338		transmit a certification of such determination to the Department of Community Affairs. 310
346	339		If the state board's determination of noncompliance is later reversed or vacated upon311
347	340		appeal, the state board shall immediately notify the Department of Community Affairs312
348	341		of such action.313
349	342		(3) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one314
350	343		year following the date of a state board certification to the Department of Community315
351	344		Affairs pursuant to paragraph (2) of this subsection but within four years of the date of316
352	345		such order, the state board determines that the local school system or public school which317
353	346		was subject to such order has willfully failed to comply with this Code section, the state318
354	347		board may, after consideration of the local school system's or public school's efforts to319
355	348		implement a corrective plan approved in an earlier proceeding and of any other corrective320
356	349		plan that may be submitted by the local school system or public school, order that a team321
357	350		or teams within the local school system or public school within the local school system322
358	351		shall not participate in interscholastic postseason athletic contests competitions and that323
359	352		participation in violation of such an order may result in withholding of state funds allotted324
360	353		pursuant to Code Section 20-2-186. An order of the state board barring participation in325
361	354		interscholastic postseason athletic contests competitions shall be made and announced326
362	355		before the beginning of a school year.327
363	356		(4) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one328
364	357		year following the date of a state board order prohibiting participation in interscholastic329
365	358		postseason athletic contests competitions pursuant to paragraph (3) of this subsection but330
366	359		within four years of the date of such order, the state board determines that the local331
367	360		school system or public school which was subject to such order has willfully failed to332
368	361		comply with this Code section, the state board may, after consideration of the local school333
369	362		system's or public school's efforts to implement a corrective plan approved in an earlier334
370	363		proceeding and of any other corrective plan that may be submitted by the local school335
371		-	S. B. 1
	364	+	S. B. 1 (SUB)
372	365		- 13 - 25 LC 49 2383S
373	366		system or public school, withhold state funds that are allotted pursuant to Code336
374	367		Section 20-2-186 in an amount that the state board determines is sufficient to secure the337
375	368		local school system's or public school's compliance with this Code section. In the event338
376	369		that state funds are withheld pursuant to this paragraph, such funds shall later be allotted339
377	370		to the local school system or public school at such time as the state board determines that340
378	371		the local school system or public school is in compliance with this Code section.341
379	372		(j)(l) The Department of Education may publish an annual report of local school systems342
380	373		and public schools which may to include information regarding expenditures and343
381	374		participation rates for each gender sex and such other information as the state board and344
382	375		department deem relevant.345
383	376		(m)(1) In addition to any other rights or remedies otherwise provided by law, any346
384	377		student:347
385	378		(A) Who is deprived of an athletic opportunity or suffers any harm as a result of a348
386	379		violation of this Code section shall have a private cause of action for injunctive relief,349
387	380		damages, and any other relief available under law. If an aggrieved student or such350
388	381		student's parent or guardian is the prevailing party in such action, such student or such351
389	382		student's parent or guardian shall be entitled to an award of monetary damages,352
390	383		including for any psychological, emotional, or physical harm suffered, reasonable353
391	384		attorney's fees, court costs, and expenses of litigation, and any other appropriate relief;354
392	385		or355
393	386		(B) Who is subject to retaliation or other adverse action by a covered entity or a local,356
394	387		state, regional, or national athletic conference or association as a result of reporting a357
395	388		violation of this Code section to an employee or representative such covered entity,358
396	389		athletic association or conference, or to any state or federal agency with oversight over359
397	390		covered entities in this state, shall have a private cause of action for injunctive relief,360
398	391		damages, and any other relief available under law. If an aggrieved student or such361
399	392		student's parent or guardian is the prevailing party in such action, the student or362
400		-	S. B. 1
	393	+	S. B. 1 (SUB)
401	394		- 14 - 25 LC 49 2383S
402	395		student's parent or guardian is the prevailing party in such action, such student shall be363
403	396		entitled to an award of monetary damages, including for any psychological, emotional,364
404	397		or physical harm suffered, reasonable attorney's fees, court costs, and expenses of365
405	398		litigation, and any other appropriate relief.366
406	399		(2) All civil actions brought under this subsection shall be initiated within two years after367
407	400		the alleged harm occurred.368
408	401		(n) Nothing in this Code section shall be construed to authorize or require a local school369
409	402		system, a public school, or any employee or agent thereof to confirm the sex of a student370
410	403		by visual inspection of such student's exterior sex organs.371
411	404		(o) Nothing in this Code section shall be construed to abrogate or otherwise affect the372
412	405		operation or application of the federal Individuals with Disabilities Education Act (IDEA),373
413	406		Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with374
414	407		Disabilities Act of 1990."375
415	408		SECTION 4.376
416	409		Said title is further amended in said part by revising paragraph (1) of subsection (b) and377
417	410		subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic378
418	411		association in high school athletics, as follows:379
419	412		"(1) The athletic association shall comply with the requirements of subsections (a)380
420	413		through (f) (h) of Code Section 20-2-315, as those requirements relate to the athletic381
421	414		association's functions of organizing, sanctioning, scheduling, or rule making for events382
422	415		in which public high schools participate;"383
423	416		"(E) The authority and duties of the executive oversight committee shall include:384
424	417		(i) To meet in person or remotely not less than twice each school year;385
425	418		(ii) To meet in person or remotely upon the call of the chairperson or a majority of386
426	419		the executive oversight committee;387
427	420		(iii) To establish policies and procedures for the executive oversight committee;388
428		-	S. B. 1
	421	+	S. B. 1 (SUB)
429	422		- 15 - 25 LC 49 2383S
430		-	(iv) To conduct any independent audit, review, or investigation the executive
431		-	389
	423	+	(iv) To conduct any independent audit, review, or investigation the executive389
432	424		oversight committee deems necessary, including, but not limited to, the audit, review,390
433		-	or investigation of the classifications of participating schools and travel-related
434		-	travel391
	425	+	or investigation of the classifications of participating schools and travel-related travel391
435	426		related issues of participating schools; and392
436	427		(v) If the athletic association determines that it is necessary and appropriate to393
437	428		prohibit students whose gender is male from participating in athletic events that are394
438	429		designated for students whose gender is female, then the athletic association may395
439	430		adopt a policy to that effect; provided, however, that such policy shall be applied to396
440	431		all of the athletic association's participating public high schools; and397
441	432		(vi) To conduct an annual evaluation of the athletic association as a whole and398
442	433		present a report of its findings, recommendations, and conclusions to the General399
443	434		Assembly's High School Athletics Overview Committee; and"400
444	435		SECTION 5.401
445	436		Said title is further amended in Article 1 of Chapter 3, relating to postsecondary education402
446	437		generally, by designating Code Section 20-3-1, relating to definitions, as Part 1, and by403
447	438		adding a new part to read as follows:404
448	439		"Part 3405
449	440		20-3-15.406
450	441		As used in this part, the term:407
451	442		(1) 'Competition' means a contest, game, match, tournament, or jamboree of teams in a408
452	443		sport. Such term shall not include practices, exhibitions, or scrimmages.409
453	444		(2) 'Covered entity' means Georgia state schools and participating nonstate schools.410
454		-	S. B. 1
	445	+	S. B. 1 (SUB)
455	446		- 16 - 25 LC 49 2383S
456	447		(3) 'Female' means an individual who has, had, will have, or, but for a developmental or411
457	448		genetic anomaly or historical accident, would have the reproductive system capable of412
458	449		producing human ovum.413
459	450		(4) 'Georgia state school' means a postsecondary educational institution which is:414
460	451		(A) An institution of the University System of Georgia; or415
461	452		(B) A unit of the Technical College System of Georgia.416
462	453		(5) 'Governing body' means the individual or entity responsible for establishing the417
463	454		policies, rules, and regulations for a covered entity, including, but not limited to, such418
464	455		policies, rules, and regulations for the operation of such covered entity's athletic419
465	456		department, if any, and the operation or sponsorship of such covered entity's420
466	457		intercollegiate competitions, sports, and teams. Such term shall not include any local,421
467	458		state, regional, or national athletic conference or athletic association.422
468	459		(6) 'Male' means an individual who has, had, will have, or, but for a developmental or423
469	460		genetic anomaly or historical accident, would have the reproductive system capable of424
470	461		producing human sperm.425
471	462		(7) 'Multiple occupancy restroom or changing area' means an area in a postsecondary426
472	463		educational institution's building that is designed or designated to be used by one or more427
473	464		individuals of the same sex at the same time and in which one or more individuals may428
474	465		be in various stages of undress in the presence of other individuals. Such term includes,429
475	466		but shall not be limited to:430
476	467		(A) Restrooms;431
477	468		(B) Locker rooms;432
478	469		(C) Changing rooms; and433
479	470		(D) Shower rooms.434
480	471		(8) 'Participating nonstate school' means a private postsecondary educational institution435
481	472		that is eligible for tuition equalization grants in accordance with the provisions of Code436
482	473		Section 20-3-411 or any other private or public postsecondary educational institution that437
483		-	S. B. 1
	474	+	S. B. 1 (SUB)
484	475		- 17 - 25 LC 49 2383S
485	476		is not a Georgia state school whose students or teams participate in intercollegiate438
486	477		competitions against students or teams from a Georgia state school in this state; provided,439
487	478		however, that such term shall apply to such an institution only when and to the extent that440
488	479		such institution is participating in an intercollegiate competition against a Georgia state441
489	480		school in this state; and provided, further, that such term shall not apply to institutions442
490	481		when participating in intercollegiate competitions in this state exclusively against one or443
491	482		more other such institutions.444
492	483		(9) 'Sex' means an individual's biological sex, either male or female. An individual's sex445
493	484		can be observed or clinically verified at or before birth and in no case is an individual's446
494	485		sex determined by stipulation or self-identification.447
495	486		(10) 'Sleeping quarters' means a room or other limited access designated space within a448
496	487		building or facility, such as a limited access designated space within a gymnasium,449
497	488		cafeteria, or auditorium or other performance space, in which more than one individual450
498	489		is housed overnight.451
499	490		(11) 'Sport' means an organized activity involving skill and physical effort undertaken452
500	491		by one or more teams according to established rules.453
501	492		(12) 'Student athlete' means a student enrolled at a covered entity who participates in or454
502	493		is eligible to participate on any sport or team. A student who is permanently ineligible455
503	494		to participate on a particular sport or team is not a student athlete for the purposes of such456
504	495		sport or team.457
505	496		(13) 'Team' means a single student or a group of students operated and sponsored by a458
506	497		covered entity for the purpose of participating in a sport.459
507	498		20-3-16.460
508	499		(a) Each governing body in this state shall adopt such policies, rules, and regulations as461
509	500		necessary to ensure the following for all intercollegiate competitions involving covered462
510	501		entities in this state:463
511		-	S. B. 1
	502	+	S. B. 1 (SUB)
512	503		- 18 - 25 LC 49 2383S
513	504		(1) Each covered entity shall designate each team operated or sponsored by such covered464
514	505		entity as one of the following:465
515	506		(A) Male; or466
516	507		(B) Female;467
517	508		(2)(A) Males shall not be allowed to participate in any intercollegiate competition in468
518	509		this state on any team that is designated as female.469
519	510		(B) Females shall not be allowed to participate in any intercollegiate competition in470
520	511		this state on any team that is designated as male; provided, however, that females may471
521	512		be allowed to participate in an intercollegiate competition in this state on a team that472
522	513		is designated as male if a corresponding team designated for females is not offered or473
523	514		available for intercollegiate competitions;474
524	515		(3)(A) Multiple occupancy restrooms or changing areas and sleeping quarters shall be475
525	516		available to student athletes on the basis of sex and such facilities shall be comparable476
526	517		to such facilities provided for students of the other sex.477
527	518		(B) No covered entity shall operate or sponsor one or more teams in any intercollegiate478
528	519		competition in this state that permits a male to use any multiple occupancy restroom or479
529	520		changing area or sleeping quarters designated for use by females in conjunction with480
530	521		such competition.481
531	522		(C) No covered entity shall operate or sponsor one or more teams in any intercollegiate482
532	523		competition in this state that permits a female to use any multiple occupancy restroom483
533	524		or changing area or sleeping quarters designated for use by males in conjunction with484
534	525		such competition.485
535	526		(D) To ensure the privacy and safety of student athletes, each covered entity that486
536	527		operates or sponsors one or more teams in any intercollegiate competition shall, in487
537	528		conjunction with such competition:488
538	529		(i) Designate each multiple occupancy restroom or changing area and sleeping489
539	530		quarters for exclusive use by males or for exclusive use by females; and490
540		-	S. B. 1
	531	+	S. B. 1 (SUB)
541	532		- 19 - 25 LC 49 2383S
542	533		(ii) Provide a reasonable accommodation to individuals who are unwilling or unable491
543	534		to use a multiple occupancy restroom or changing area or sleeping quarters designated492
544	535		for each such individual's sex; and493
545	536		(E)(i) A reasonable accommodation under this paragraph may include, but shall not494
546	537		be limited to, allowing such individual to access a single occupancy restroom or495
547	538		changing area or sleeping quarters.496
548	539		(ii) A reasonable accommodation under this paragraph shall not include allowing497
549	540		such individual to access a multiple or single occupancy restroom or changing area498
550	541		or sleeping quarters that is designated for use by members of the other sex while499
551	542		members of the other sex of the individual are present or may be present in such500
552	543		restroom or changing area or sleeping quarters;501
553	544		(4) No covered entity shall host, sponsor, or participate in any intercollegiate competition502
554	545		in this state that permits a male to:503
555	546		(A) Participate in any intercollegiate competition in this state on any team that is504
556	547		designated as female; or505
557	548		(B) Use any multiple occupancy restroom or changing area or sleeping quarters506
558	549		designated for use by females in conjunction with such competition;507
559	550		(5) Nothing in subparagraph (a)(3)(D) or (a)(4)(B) of this Code section shall be508
560	551		construed or applied to prohibit an individual from entering a multiple occupancy509
561	552		restroom or changing area designated for use by individuals of the opposite sex when he510
562	553		or she enters such area for one of the following reasons:511
563	554		(A) For authorized custodial, maintenance, or inspection purposes;512
564	555		(B) To render emergency medical assistance;513
565	556		(C) To address an ongoing emergency, including, but not limited to, a physical514
566	557		altercation;515
567	558		(D) A minor child is accompanied by his or her parent or legal guardian who deems516
568	559		such entry necessary for the child's safety, welfare, or assistance; or517
569		-	S. B. 1
	560	+	S. B. 1 (SUB)
570	561		- 20 - 25 LC 49 2383S
571	562		(E) The performance of official duties and responsibilities as authorized coaches and518
572	563		trainers for purposes directly related to a competition or other official activity of a team,519
573	564		including practice; and520
574	565		(6) No covered entity shall award to a male an athletic scholarship allocated to,521
575	566		associated with, or otherwise intended for a female team member.522
576	567		(b) Nothing in this Code section shall be construed to prohibit males from participating in523
577	568		practices, exhibitions, or scrimmages with teams designated as female; provided, however,524
578	569		that nothing in this subsection shall be construed to permit a male to receive a scholarship525
579	570		in conjunction with such participation.526
580	571		(c) Nothing in this Code section shall be construed to authorize a covered entity or527
581	572		governing body to verify or confirm a student athlete's sex through visual inspection of528
582	573		such student athlete's external sex organs for purposes of participation in competitions;529
583	574		provided, however, that this paragraph shall not prohibit reliance on medical records or530
584	575		other standard school medical procedures to verify or confirm a student's athlete's sex.531
585	576		(d) Any covered entity or governing body that violates any provision of subsection (a) of532
586	577		this Code section shall be subject to the withholding of state funding. Such withholding533
587	578		of state funding may include funds provided to one or more postsecondary educational534
588	579		institutions or governing bodies directly, as well as funding for scholarships, loans, and535
589	580		grants pursuant to this chapter for students of such postsecondary educational institutions.536
590	581		(e)(1) In addition to any other rights or remedies otherwise provided by law, any student:537
591	582		(A) Who is deprived of an athletic opportunity or suffers any harm as a result of a538
592	583		violation of this Code section shall have a private cause of action for injunctive relief,539
593	584		damages, and any other relief available under law. If an aggrieved student is the540
594	585		prevailing party in such action, such student shall be entitled to an award of monetary541
595	586		damages, including for any psychological, emotional, or physical harm suffered,542
596	587		reasonable attorney's fees, court costs, and expenses of litigation, and any other543
597	588		appropriate relief; or544
598		-	S. B. 1
	589	+	S. B. 1 (SUB)
599	590		- 21 - 25 LC 49 2383S
600	591		(B) Who is subject to retaliation or other adverse action by a covered entity, a545
601	592		governing body, or a local, state, regional, or national athletic conference or athletic546
602	593		association as a result of reporting a violation of this Code section to an employee or547
603	594		representative such covered entity, governing body, athletic conference or athletic548
604	595		association, or to any state or federal agency with oversight over postsecondary549
605	596		educational institutions in this state, shall have a private cause of action for injunctive550
606	597		relief, damages, and any other relief available under law. If an aggrieved student is the551
607	598		prevailing party in such action, such student shall be entitled to an award of monetary552
608	599		damages, including for any psychological, emotional, or physical harm suffered,553
609	600		reasonable attorney's fees, court costs, and expenses of litigation, and any other554
610	601		appropriate relief.555
611	602		(2) All civil actions brought under this subsection shall be initiated within two years after556
612	603		the alleged harm occurred.557
613	604		(f) Nothing in this Code section shall be construed to abrogate or otherwise affect the558
614	605		operation or application of Section 504 of the federal Rehabilitation Act of 1973, the559
615	606		federal Americans with Disabilities Act of 1990, or the federal Health Insurance Portability560
616	607		and Accountability Act of 1996, P.L. 104-191."561
617	608		SECTION 6.562
618	609		All laws and parts of laws in conflict with this Act are repealed.563
619		-	S. B. 1
	610	+	S. B. 1 (SUB)
620	611		- 22 -