Second Regular Session of the 122nd General Assembly (2022)
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1041
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-26-14-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 10. An association is subject to
IC 20-33-13.
SECTION 2. IC 20-33-13 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]:
Chapter 13. Athletic Teams and Sports
Sec. 1. This chapter applies to the following:
(1) An athletic team or sport that is organized, sanctioned, or
sponsored by a school corporation or public school in which
the students participating on the athletic team or in the sport
compete against students participating on an athletic team or
in a sport that is organized, sanctioned, or sponsored by
another school corporation, public school, or nonpublic
school.
(2) An athletic team or sport that is organized, sanctioned, or
sponsored by a nonpublic school that voluntarily competes
against an athletic team or sport that is organized, sanctioned,
or sponsored by a school corporation or public school.
(3) An athletic team or sport approved or sanctioned by an
association for purposes of participation in a high school
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interscholastic athletic event.
Sec. 2. As used in this chapter, "association" has the meaning set
forth in IC 20-26-14-1.
Sec. 3. As used in this chapter, "public school" means the
following:
(1) A school maintained by a school corporation.
(2) A charter school.
Sec. 4. (a) A school corporation, public school, nonpublic school,
or association that organizes, sanctions, or sponsors an athletic
team or sport described in section 1 of this chapter shall expressly
designate the athletic team or sport as one (1) of the following:
(1) A male, men's, or boys' team or sport.
(2) A female, women's, or girls' team or sport.
(3) A coeducational or mixed team or sport.
(b) A male, based on a student's biological sex at birth in
accordance with the student's genetics and reproductive biology,
may not participate on an athletic team or sport designated under
this section as being a female, women's, or girls' athletic team or
sport.
Sec. 5. (a) A student or parent of a student may submit a
grievance to a school corporation, public school, nonpublic school,
or association for a violation of section 4 of this chapter.
(b) Each school corporation, public school, nonpublic school,
and association described in section 4 of this chapter shall:
(1) establish and maintain a grievance procedure; or
(2) maintain a grievance or protest procedure that the school
corporation, public school, nonpublic school, or association
established before July 1, 2022;
for the resolution of a grievance submitted under this section.
Sec. 6. (a) If a school corporation, public school, nonpublic
school, or association violates this chapter, a student who is:
(1) deprived of an athletic opportunity; or
(2) otherwise directly or indirectly injured;
as a result of the violation may bring a civil action against the
school corporation, public school, nonpublic school, or association.
(b) A school corporation, public school, nonpublic school, or
association may not retaliate or otherwise take any adverse action
against a student for reporting a violation or bringing a civil action
for a violation of this chapter.
Sec. 7. The court may award to a student who prevails in an
action under section 6 of this chapter any of the following:
(1) Injunctive relief.
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(2) The greater of:
(A) actual and consequential damages resulting from the
violation; or
(B) liquidated damages of not more than one thousand
dollars ($1,000).
(3) Costs and reasonable attorney's fees.
(4) Any other appropriate relief determined by the court.
Sec. 8. A school corporation, a public school, a nonpublic school,
and an association are not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action for acting in good faith in compliance with this chapter.
SECTION 3. IC 34-30-2-86.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 86.8. IC 20-33-13-8 (Concerning
school corporations, public schools, nonpublic schools, and athletic
associations that comply with requirements regarding athletic
teams and sports).
HEA 1041 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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