*EH1041.1*
February 18, 2022
ENGROSSED
HOUSE BILL No. 1041
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DIGEST OF HB 1041 (Updated February 16, 2022 1:47 pm - DI 140)
Citations Affected: IC 20-26; IC 20-33; IC 34-30.
Synopsis: Participation in school sports. Requires, for purposes of
interscholastic athletic events, school corporations, public schools,
nonpublic schools, and certain athletic associations to expressly
designate an athletic team or sport as one 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. Prohibits a male,
based on the student's biological sex at birth in accordance with the
student's genetics and reproductive biology, from participating on an
athletic team or sport designated as being a female, women's, or girls'
athletic team or sport. Requires school corporations, public schools,
certain nonpublic schools, and certain athletic associations to: (1)
establish and maintain grievance procedures; or (2) maintain grievance
or protest procedures established before July 1, 2022; for a violation of
these provisions. Establishes a civil action for a violation of these
provisions. Provides that school corporations, public schools, certain
nonpublic schools, and certain athletic associations are not subject to
liability in a civil, administrative, disciplinary, or criminal action for
acting in compliance with these provisions.
Effective: July 1, 2022.
Davis, Jeter, King, Heaton
(SENATE SPONSORS — DONATO, LEISING, SANDLIN, KRUSE)
January 4, 2022, read first time and referred to Committee on Education.
January 24, 2022, amended, reported — Do Pass.
January 26, 2022, read second time, amended, ordered engrossed.
January 27, 2022, engrossed. Read third time, passed. Yeas 66, nays 30.
SENATE ACTION
February 7, 2022, read first time and referred to Committee on Education and Career
Development.
February 17, 2022, reported favorably — Do Pass.
EH 1041—LS 6297/DI 110 February 18, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1041
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-26-14-10 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 10. An association is subject to
4 IC 20-33-13.
5 SECTION 2. IC 20-33-13 IS ADDED TO THE INDIANA CODE
6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]:
8 Chapter 13. Athletic Teams and Sports
9 Sec. 1. This chapter applies to the following:
10 (1) An athletic team or sport that is organized, sanctioned, or
11 sponsored by a school corporation or public school in which
12 the students participating on the athletic team or in the sport
13 compete against students participating on an athletic team or
14 in a sport that is organized, sanctioned, or sponsored by
15 another school corporation, public school, or nonpublic
16 school.
17 (2) An athletic team or sport that is organized, sanctioned, or
EH 1041—LS 6297/DI 110 2
1 sponsored by a nonpublic school that voluntarily competes
2 against an athletic team or sport that is organized, sanctioned,
3 or sponsored by a school corporation or public school.
4 (3) An athletic team or sport approved or sanctioned by an
5 association for purposes of participation in a high school
6 interscholastic athletic event.
7 Sec. 2. As used in this chapter, "association" has the meaning set
8 forth in IC 20-26-14-1.
9 Sec. 3. As used in this chapter, "public school" means the
10 following:
11 (1) A school maintained by a school corporation.
12 (2) A charter school.
13 Sec. 4. (a) A school corporation, public school, nonpublic school,
14 or association that organizes, sanctions, or sponsors an athletic
15 team or sport described in section 1 of this chapter shall expressly
16 designate the athletic team or sport as one (1) of the following:
17 (1) A male, men's, or boys' team or sport.
18 (2) A female, women's, or girls' team or sport.
19 (3) A coeducational or mixed team or sport.
20 (b) A male, based on a student's biological sex at birth in
21 accordance with the student's genetics and reproductive biology,
22 may not participate on an athletic team or sport designated under
23 this section as being a female, women's, or girls' athletic team or
24 sport.
25 Sec. 5. (a) A student or parent of a student may submit a
26 grievance to a school corporation, public school, nonpublic school,
27 or association for a violation of section 4 of this chapter.
28 (b) Each school corporation, public school, nonpublic school,
29 and association described in section 4 of this chapter shall:
30 (1) establish and maintain a grievance procedure; or
31 (2) maintain a grievance or protest procedure that the school
32 corporation, public school, nonpublic school, or association
33 established before July 1, 2022;
34 for the resolution of a grievance submitted under this section.
35 Sec. 6. (a) If a school corporation, public school, nonpublic
36 school, or association violates this chapter, a student who is:
37 (1) deprived of an athletic opportunity; or
38 (2) otherwise directly or indirectly injured;
39 as a result of the violation may bring a civil action against the
40 school corporation, public school, nonpublic school, or association.
41 (b) A school corporation, public school, nonpublic school, or
42 association may not retaliate or otherwise take any adverse action
EH 1041—LS 6297/DI 110 3
1 against a student for reporting a violation or bringing a civil action
2 for a violation of this chapter.
3 Sec. 7. The court may award to a student who prevails in an
4 action under section 6 of this chapter any of the following:
5 (1) Injunctive relief.
6 (2) The greater of:
7 (A) actual and consequential damages resulting from the
8 violation; or
9 (B) liquidated damages of not more than one thousand
10 dollars ($1,000).
11 (3) Costs and reasonable attorney's fees.
12 (4) Any other appropriate relief determined by the court.
13 Sec. 8. A school corporation, a public school, a nonpublic school,
14 and an association are not subject to liability in:
15 (1) a civil;
16 (2) an administrative;
17 (3) a disciplinary; or
18 (4) a criminal;
19 action for acting in good faith in compliance with this chapter.
20 SECTION 3. IC 34-30-2-86.8 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2022]: Sec. 86.8. IC 20-33-13-8 (Concerning
23 school corporations, public schools, nonpublic schools, and athletic
24 associations that comply with requirements regarding athletic
25 teams and sports).
EH 1041—LS 6297/DI 110 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
House Bill 1041, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 3, delete lines 17 through 42.
Delete page 4.
Page 5, delete lines 1 through 5.
Page 5, delete lines 12 through 17.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1041 as introduced.)
BEHNING
Committee Vote: yeas 8, nays 4.
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HOUSE MOTION
Mr. Speaker: I move that House Bill 1041 be amended to read as
follows:
Page 2, delete lines 28 through 31, begin a new paragraph and
insert:
"(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.".
(Reference is to HB 1041 as printed January 24, 2022.)
DAVIS
EH 1041—LS 6297/DI 110 5
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred House Bill No. 1041, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to HB 1041 as reprinted January 27, 2022.)
RAATZ, Chairperson
Committee Vote: Yeas 8, Nays 3
EH 1041—LS 6297/DI 110