| 1 | 1 | | 25 LC 49 2126 |
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| 2 | 2 | | Senate Bill 41 |
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| 3 | 3 | | By: Senators Jackson of the 41st, Jones II of the 22nd, Parent of the 44th, Halpern of the |
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| 4 | 4 | | 39th, Orrock of the 36th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to |
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| 8 | 8 | | 1 |
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| 9 | 9 | | provide for equal athletic opportunities for public school students; to provide for a cause of2 |
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| 10 | 10 | | action; to provide for statutory construction; to provide for related matters; to repeal3 |
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| 11 | 11 | | conflicting laws; and for other purposes.4 |
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| 12 | 12 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 13 | 13 | | SECTION 1.6 |
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| 14 | 14 | | Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part7 |
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| 15 | 15 | | 14 of Article 6 of Chapter 2, relating to other educational programs under the "Quality Basic8 |
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| 16 | 16 | | Education Act," by revising Code Section 20-2-315, relating to gender discrimination9 |
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| 17 | 17 | | prohibited, authorized separate gender teams, equal athletic opportunity, physical education10 |
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| 18 | 18 | | classes, employee designated to monitor compliance, grievance procedures, and reporting11 |
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| 19 | 19 | | requirements, as follows:12 |
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| 20 | 20 | | "20-2-315.13 |
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| 21 | 21 | | (a) No student shall, on the basis of gender, be excluded from participation in, be denied14 |
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| 22 | 22 | | the benefits of, be treated differently from another student, or otherwise be discriminated15 |
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| 23 | 23 | | S. B. 41 |
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| 24 | 24 | | - 1 - 25 LC 49 2126 |
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| 25 | 25 | | against in any interscholastic or intramural athletics offered by a local school system, and |
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| 26 | 26 | | 16 |
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| 27 | 27 | | no local school system shall provide any such athletics separately on such basis.17 |
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| 28 | 28 | | (b) Notwithstanding the requirements of subsection (a) of this Code section, a local school18 |
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| 29 | 29 | | system may operate or sponsor separate teams for members of each gender where selection19 |
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| 30 | 30 | | for such teams is based upon competitive skill or the activity involved is a contact sport. 20 |
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| 31 | 31 | | However, where a local school system operates or sponsors a team in a particular sport for21 |
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| 32 | 32 | | members of one gender but operates or sponsors no such team for members of the other22 |
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| 33 | 33 | | gender, and athletic opportunities for members of that gender in that particular sport have23 |
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| 34 | 34 | | previously been limited, members of the excluded gender must be allowed to try out for the24 |
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| 35 | 35 | | team offered unless the sport involved is a contact sport. Nothing in this subsection shall25 |
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| 36 | 36 | | be construed to limit the authority of a local school system to operate or sponsor a single26 |
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| 37 | 37 | | team for a contact sport that includes members of both genders. As used in this subsection,27 |
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| 38 | 38 | | the term 'contact sport' includes boxing, wrestling, rugby, ice hockey, football, basketball,28 |
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| 39 | 39 | | and any other sport the purpose or major activity of which involves bodily contact.29 |
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| 40 | 40 | | (c) A local school system which operates or sponsors interscholastic or intramural athletics30 |
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| 41 | 41 | | shall undertake all reasonable efforts to |
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| 42 | 42 | | provide for equal athletic opportunity for members31 |
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| 43 | 43 | | of both genders by taking all steps reasonably necessary to ensure . In determining whether32 |
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| 44 | 44 | | equal opportunities are available the following factors shall be considered:33 |
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| 45 | 45 | | (1) Whether that the selection of sports and levels of competition effectively34 |
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| 46 | 46 | | accommodate the interests and abilities of members and teams of both genders and that35 |
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| 47 | 47 | | comparable and equivalent funds, facilities access, equipment, supplies, and other36 |
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| 48 | 48 | | resources are being provided for members and teams of both genders as demonstrated37 |
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| 49 | 49 | | by:;38 |
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| 50 | 50 | | (2)(1) The provision of equipment and supplies;39 |
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| 51 | 51 | | (2) The location of locker rooms and practice and competitive facilities;40 |
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| 52 | 52 | | (3) The scheduling Scheduling of games and practice time practices;41 |
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| 53 | 53 | | (4) Travel allowance allowances;42 |
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| 54 | 54 | | S. B. 41 |
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| 55 | 55 | | - 2 - 25 LC 49 2126 |
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| 56 | 56 | | (5) Opportunity Opportunities for students to receive coaching and academic tutoring;43 |
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| 57 | 57 | | (6) Assignment The assignment and compensation of coaches and academic tutors for44 |
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| 58 | 58 | | students, including, but not limited to, whether the compensation of coaches is45 |
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| 59 | 59 | | commensurate with time actually spent engaged in coaching, academic tutoring, or other46 |
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| 60 | 60 | | assigned duties;47 |
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| 61 | 61 | | (7) Provision of locker rooms and practice and competitive facilities;48 |
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| 62 | 62 | | (8) Provision The provision of medical and training facilities and services; and49 |
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| 63 | 63 | | (9)(8) Publicity.50 |
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| 64 | 64 | | Unequal aggregate expenditures for members of each gender or unequal expenditures for51 |
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| 65 | 65 | | male and female teams if a local school system operates or sponsors separate teams will52 |
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| 66 | 66 | | not constitute noncompliance with this subsection, but the failure to provide essential funds53 |
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| 67 | 67 | | comparable and equivalent funds, facilities access, equipment, supplies, and other54 |
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| 68 | 68 | | resources for the basic operations of teams for one gender may be considered in assessing55 |
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| 69 | 69 | | equality of opportunity for members of each gender shall constitute such noncompliance.56 |
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| 70 | 70 | | Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local school57 |
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| 71 | 71 | | system to expend school tax funds as authorized by Article VIII, Section VI, Paragraph I(b)58 |
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| 72 | 72 | | of the Constitution in order to comply with the requirements of this Code section.59 |
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| 73 | 73 | | (d) A local school system may provide separate toilet, locker room, and shower facilities60 |
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| 74 | 74 | | on the basis of gender, but such facilities shall be comparable to such facilities provided61 |
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| 75 | 75 | | for students of the other gender.62 |
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| 76 | 76 | | (e) This Code section does not prohibit the grouping of students in physical education63 |
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| 77 | 77 | | classes by gender.64 |
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| 78 | 78 | | (f)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school65 |
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| 79 | 79 | | system sponsors an athletic activity or sport at a particular school that is similar to a sport66 |
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| 80 | 80 | | for which an institution in the University System of Georgia offers an athletic67 |
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| 81 | 81 | | scholarship, it must sponsor the athletic activity or sport for which a scholarship is68 |
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| 82 | 82 | | offered at that school. This paragraph does not affect academic requirements for69 |
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| 83 | 83 | | S. B. 41 |
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| 84 | 84 | | - 3 - 25 LC 49 2126 |
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| 85 | 85 | | participation nor prevent the local school system from sponsoring activities in addition |
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| 86 | 86 | | 70 |
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| 87 | 87 | | to those for which scholarships are provided.71 |
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| 88 | 88 | | (2) Two athletic activities or sports that are similar may be offered simultaneously.72 |
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| 89 | 89 | | (3) If a local school system demonstrates by a bona fide survey of eligible students at the73 |
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| 90 | 90 | | school, which is approved by the Department of Education for compliance with generally74 |
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| 91 | 91 | | accepted opinion survey principles regarding neutral wording and other matters, that there75 |
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| 92 | 92 | | is insufficient interest among students at the school to field a team described in76 |
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| 93 | 93 | | paragraph (1) of this subsection, then the local school system shall not be required to77 |
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| 94 | 94 | | sponsor such athletic activity or sport at that school. The exemption provided for by this78 |
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| 95 | 95 | | paragraph shall be valid for 24 months following the date when the most recent bona fide79 |
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| 96 | 96 | | student survey demonstrating a lack of student interest was completed, unless a new bona80 |
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| 97 | 97 | | fide student survey is conducted within the 24 month period that demonstrates sufficient81 |
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| 98 | 98 | | interest to field a team. If such a new bona fide student survey demonstrates such82 |
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| 99 | 99 | | sufficient interest, then the local school system must comply with paragraph (1) of this83 |
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| 100 | 100 | | subsection during the local school system's next fiscal year and until such time as a new84 |
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| 101 | 101 | | bona fide student survey demonstrates insufficient interest to field a team described in85 |
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| 102 | 102 | | paragraph (1) of this subsection. A local school system shall conduct the bona fide86 |
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| 103 | 103 | | student survey described in this paragraph regarding interest in a team described in87 |
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| 104 | 104 | | paragraph (1) of this subsection upon the request of nine students at the school, but no88 |
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| 105 | 105 | | more frequently than once every 12 months.89 |
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| 106 | 106 | | (4) Nothing in this subsection shall be construed to preclude the application of generally90 |
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| 107 | 107 | | applicable policies or rules regarding the cancellation of an athletic activity or sport due91 |
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| 108 | 108 | | to lack of student participation in scheduled practices or contests.92 |
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| 109 | 109 | | (g) Each local school system shall designate at least one employee to coordinate its efforts93 |
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| 110 | 110 | | to comply with and carry out its responsibilities under this Code section, including the94 |
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| 111 | 111 | | investigation of any complaint communicated to such local school system alleging its95 |
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| 112 | 112 | | noncompliance with this Code section. The employee designated under this subsection96 |
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| 113 | 113 | | S. B. 41 |
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| 114 | 114 | | - 4 - 25 LC 49 2126 |
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| 115 | 115 | | may be the same person required to be designated under 34 C.F.R. Section 106.8. The |
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| 116 | 116 | | 97 |
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| 117 | 117 | | local school system annually shall notify all its students of the name, office address, and98 |
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| 118 | 118 | | office telephone number of the employee or employees appointed pursuant to this99 |
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| 119 | 119 | | subsection. Such notification may be included in a student handbook |
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| 120 | 120 | | code of conduct100 |
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| 121 | 121 | | distributed pursuant to Code Section 20-2-736.101 |
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| 122 | 122 | | (h) Each local school system shall adopt and publish grievance procedures providing for102 |
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| 123 | 123 | | prompt and equitable resolution of written student complaints, including complaints103 |
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| 124 | 124 | | brought by a parent or guardian on behalf of his or her minor child who is a student,104 |
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| 125 | 125 | | alleging any action which would be a violation of this Code section. Such procedures shall105 |
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| 126 | 126 | | require that:106 |
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| 127 | 127 | | (1) The employee designated under subsection (g) of this Code section shall render his107 |
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| 128 | 128 | | or her decision in writing no later than 30 days after receipt of the complaint, and such108 |
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| 129 | 129 | | decision shall set forth the essential facts and rationale for the decision;109 |
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| 130 | 130 | | (2) A copy of such decision shall be provided to the complainant within five days of the110 |
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| 131 | 131 | | date of the decision; and111 |
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| 132 | 132 | | (3) A complainant shall have a right to appeal such decision to the local board within 35112 |
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| 133 | 133 | | days of the date of the decision.113 |
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| 134 | 134 | | (i)(1) A complainant may appeal a decision of a local board that is rendered under114 |
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| 135 | 135 | | subsection (h) of this Code section in accordance with the procedures specified in Code115 |
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| 136 | 136 | | Section 20-2-1160. If the State Board of Education determines that a local school system116 |
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| 137 | 137 | | has failed to comply with this Code section, then the state board shall provide the local117 |
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| 138 | 138 | | school system with opportunities to prepare a corrective plan. If the state board118 |
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| 139 | 139 | | determines that a corrective plan of the local school system adequately plans and provides119 |
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| 140 | 140 | | for future compliance with this Code section, then the state board shall approve the plan120 |
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| 141 | 141 | | and direct the local school system to implement such plan.121 |
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| 142 | 142 | | (2) If, upon a complaint filed pursuant to subsection (h) of this Code section after one122 |
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| 143 | 143 | | year following the date of a state board order directing implementation of a corrective123 |
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| 144 | 144 | | S. B. 41 |
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| 145 | 145 | | - 5 - 25 LC 49 2126 |
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| 146 | 146 | | plan pursuant to paragraph (1) of this subsection but within four years of the date of such |
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| 147 | 147 | | 124 |
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| 148 | 148 | | order, the state board determines that the local school system which was subject to such125 |
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| 149 | 149 | | order has willfully failed to comply with this Code section, the state board may, after126 |
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| 150 | 150 | | consideration of the local school system's efforts to implement the corrective plan127 |
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| 151 | 151 | | approved in the earlier proceeding and of any other corrective plan that may be submitted128 |
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| 152 | 152 | | by the local school system, transmit a certification of such determination to the129 |
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| 153 | 153 | | Department of Community Affairs. If the state board's determination of noncompliance130 |
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| 154 | 154 | | is later reversed or vacated upon appeal, the state board shall immediately notify the131 |
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| 155 | 155 | | Department of Community Affairs of such action.132 |
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| 156 | 156 | | (3) If, upon a complaint filed pursuant to subsection (h) of this Code section after one133 |
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| 157 | 157 | | year following the date of a state board certification to the Department of Community134 |
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| 158 | 158 | | Affairs pursuant to paragraph (2) of this subsection but within four years of the date of135 |
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| 159 | 159 | | such order, the state board determines that the local school system which was subject to136 |
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| 160 | 160 | | such order has willfully failed to comply with this Code section, the state board may,137 |
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| 161 | 161 | | after consideration of the local school system's efforts to implement a corrective plan138 |
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| 162 | 162 | | approved in an earlier proceeding and of any other corrective plan that may be submitted139 |
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| 163 | 163 | | by the local school system, order that a team or teams within the local school system or140 |
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| 164 | 164 | | school within the local school system shall not participate in interscholastic postseason141 |
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| 165 | 165 | | athletic contests and that participation in violation of such an order may result in142 |
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| 166 | 166 | | withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the143 |
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| 167 | 167 | | state board barring participation in interscholastic postseason athletic contests shall be144 |
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| 168 | 168 | | made and announced before the beginning of a school year.145 |
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| 169 | 169 | | (4) If, upon a complaint filed pursuant to subsection (h) of this Code section after one146 |
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| 170 | 170 | | year following the date of a state board order prohibiting participation in interscholastic147 |
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| 171 | 171 | | postseason athletic contests pursuant to paragraph (3) of this subsection but within four148 |
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| 172 | 172 | | years of the date of such order, the state board determines that the local school system149 |
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| 173 | 173 | | which was subject to such order has willfully failed to comply with this Code section, the150 |
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| 174 | 174 | | S. B. 41 |
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| 175 | 175 | | - 6 - 25 LC 49 2126 |
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| 176 | 176 | | state board may, after consideration of the local school system's efforts to implement a |
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| 177 | 177 | | 151 |
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| 178 | 178 | | corrective plan approved in an earlier proceeding and of any other corrective plan that152 |
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| 179 | 179 | | may be submitted by the local school system, withhold state funds that are allotted153 |
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| 180 | 180 | | pursuant to Code Section 20-2-186 in an amount that the state board determines is154 |
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| 181 | 181 | | sufficient to secure the local school system's compliance with this Code section. In the155 |
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| 182 | 182 | | event that state funds are withheld pursuant to this paragraph, such funds shall later be156 |
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| 183 | 183 | | allotted to the local school system at such time as the state board determines that the local157 |
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| 184 | 184 | | school system is in compliance with this Code section.158 |
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| 185 | 185 | | (j) The Department of Education may |
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| 186 | 186 | | shall publish an annual report of local school159 |
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| 187 | 187 | | systems to include information regarding expenditures and participation rates for each160 |
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| 188 | 188 | | gender and such other information as the state board and department deem relevant.161 |
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| 189 | 189 | | (k)(1) In addition to any other rights or remedies otherwise provided by law, any student:162 |
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| 190 | 190 | | (A) Who is deprived of an athletic opportunity or suffers any direct or indirect harm163 |
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| 191 | 191 | | as a result of a violation of this Code section shall have a private right of action to164 |
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| 192 | 192 | | enforce the provisions of this Code section through injunctive or declaratory relief in165 |
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| 193 | 193 | | the superior court of the county in which the relevant covered entity or competition is166 |
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| 194 | 194 | | located. If an aggrieved student or such student's parent or guardian is the prevailing167 |
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| 195 | 195 | | party in such action, such student or such student's parent or guardian shall be entitled168 |
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| 196 | 196 | | to an award of reasonable attorney's fees, court costs, and expenses of litigation, but169 |
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| 197 | 197 | | shall not be entitled to any monetary damages; or170 |
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| 198 | 198 | | (B) Who is subject to retaliation or other adverse action by a covered entity or a local,171 |
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| 199 | 199 | | state, regional, or national athletic conference or association as a result of reporting a172 |
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| 200 | 200 | | violation of this Code section to an employee or representative such covered entity,173 |
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| 201 | 201 | | athletic association or conference, or any state or federal agency with oversight over174 |
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| 202 | 202 | | covered entities in this state, shall have a private cause of action for injunctive relief,175 |
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| 203 | 203 | | damages, and any other relief available under law against the covered entity or athletic176 |
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| 204 | 204 | | association or conference. If an aggrieved student or such student's parent or guardian177 |
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| 205 | 205 | | S. B. 41 |
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| 206 | 206 | | - 7 - 25 LC 49 2126 |
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| 207 | 207 | | is the prevailing party in such action, such student shall be entitled to an award of178 |
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| 208 | 208 | | monetary damages, including for any psychological, emotional, or physical harm179 |
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| 209 | 209 | | suffered, reasonable attorney's fees, court costs, and expenses of litigation, and any180 |
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| 210 | 210 | | other appropriate relief.181 |
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| 211 | 211 | | (2) All civil actions brought under this subsection shall be initiated within two years after182 |
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| 212 | 212 | | the alleged harm occurred.183 |
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| 213 | 213 | | (l) Nothing in this Code section shall be construed to abrogate or otherwise affect the184 |
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| 214 | 214 | | operation or application of the federal Individuals with Disabilities Education Act (IDEA),185 |
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| 215 | 215 | | Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with186 |
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| 216 | 216 | | Disabilities Act of 1990."187 |
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| 217 | 217 | | SECTION 2.188 |
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| 218 | 218 | | Said title is further amended in said part by revising subparagraph (c)(1)(E) of Code Section189 |
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| 219 | 219 | | 20-2-316, relating to involvement of athletic association in high school athletics, as follows:190 |
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| 220 | 220 | | "(E) The authority and duties of the executive oversight committee shall include:191 |
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| 221 | 221 | | (i) To meet in person or remotely not less than twice each school year;192 |
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| 222 | 222 | | (ii) To meet in person or remotely upon the call of the chairperson or a majority of193 |
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| 223 | 223 | | the executive oversight committee;194 |
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| 224 | 224 | | (iii) To establish policies and procedures for the executive oversight committee;195 |
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| 225 | 225 | | (iv) To conduct any independent audit, review, or investigation the executive196 |
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| 226 | 226 | | oversight committee deems necessary, including, but not limited to, the audit, review,197 |
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| 227 | 227 | | or investigation of the classifications of participating schools and travel-related travel198 |
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| 228 | 228 | | related issues of participating schools; and199 |
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| 229 | 229 | | (v) If the athletic association determines that it is necessary and appropriate to200 |
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| 230 | 230 | | prohibit students whose gender is male from participating in athletic events that are201 |
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| 231 | 231 | | designated for students whose gender is female, then the athletic association may202 |
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| 232 | 232 | | S. B. 41 |
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| 233 | 233 | | - 8 - 25 LC 49 2126 |
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| 234 | 234 | | adopt a policy to that effect; provided, however, that such policy shall be applied to203 |
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| 235 | 235 | | all of the athletic association's participating public high schools; and204 |
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| 236 | 236 | | (vi) To conduct an annual evaluation of the athletic association as a whole and205 |
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| 237 | 237 | | present a report of its findings, recommendations, and conclusions to the General206 |
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| 238 | 238 | | Assembly's High School Athletics Overview Committee; and"207 |
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| 239 | 239 | | SECTION 3.208 |
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| 240 | 240 | | All laws and parts of laws in conflict with this Act are repealed.209 |
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| 241 | 241 | | S. B. 41 |
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| 242 | 242 | | - 9 - |
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