HOUSE BILL NO. 4066 A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1290. the people of the state of michigan enact: Sec. 1290. (1) The board of a school district or intermediate school district or board of directors of a public school academy that participates in interscholastic athletic activities shall designate interscholastic athletic teams and sports based on the sex of the participants as follows: (a) Separate teams for participants of the female sex within female sports divisions. (b) Separate teams for participants of the male sex within male sports divisions. (c) If applicable, co-ed teams for participants of the female and male sexes within co-ed sports divisions. (2) A school district, intermediate school district, or public school academy to which subsection (1) applies shall not knowingly allow individuals of the male sex to participate on athletic teams or in athletic competitions designated for only participants of the female sex. (3) This section must not be construed to restrict the eligibility of any student to participate on any interscholastic athletic teams or in interscholastic athletic activities that are designated as male or co-ed. (4) An agency or political subdivision of this state, or an accrediting organization or interscholastic athletic association that operates or has business activities in this state, shall not process a complaint, begin an investigation, or take any other adverse action against a school district, intermediate school district, or public school academy for maintaining separate single-sex interscholastic athletic teams or sports for participants of the female sex. (5) A participant who is deprived of an athletic opportunity or suffers a direct or indirect harm as a result of a violation of this section by a school district, intermediate school district, or public school academy has a private cause of action for injunctive relief, damages, and any other relief available against the school district, intermediate school district, or public school academy. (6) A participant who is subject to retaliation or other adverse action by a school district, intermediate school district, or public school academy as a result of reporting a violation of this section has a private cause of action for injunctive relief, damages, and any other relief available against the entity that took the retaliatory or other adverse action. (7) A school district, intermediate school district, or public school academy that suffers any direct or indirect harm as a result of a violation of subsection (4) has a private cause of action for injunctive relief, damages, and any other relief available against the agency, political subdivision, accrediting organization, or interscholastic athletic association that violated subsection (4). (8) Any civil action brought as a result of a violation of this section must be initiated within 2 years after the date on which the violation occurred. Individuals or entities that prevail on a claim brought under this section are entitled to monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney fees and costs, and any other appropriate relief. (9) As used in this section, "sex" means the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender.
HOUSE BILL NO. 4066
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1290.
the people of the state of michigan enact:
Sec. 1290. (1) The board of a school district or intermediate school district or board of directors of a public school academy that participates in interscholastic athletic activities shall designate interscholastic athletic teams and sports based on the sex of the participants as follows:
(a) Separate teams for participants of the female sex within female sports divisions.
(b) Separate teams for participants of the male sex within male sports divisions.
(c) If applicable, co-ed teams for participants of the female and male sexes within co-ed sports divisions.
(2) A school district, intermediate school district, or public school academy to which subsection (1) applies shall not knowingly allow individuals of the male sex to participate on athletic teams or in athletic competitions designated for only participants of the female sex.
(3) This section must not be construed to restrict the eligibility of any student to participate on any interscholastic athletic teams or in interscholastic athletic activities that are designated as male or co-ed.
(4) An agency or political subdivision of this state, or an accrediting organization or interscholastic athletic association that operates or has business activities in this state, shall not process a complaint, begin an investigation, or take any other adverse action against a school district, intermediate school district, or public school academy for maintaining separate single-sex interscholastic athletic teams or sports for participants of the female sex.
(5) A participant who is deprived of an athletic opportunity or suffers a direct or indirect harm as a result of a violation of this section by a school district, intermediate school district, or public school academy has a private cause of action for injunctive relief, damages, and any other relief available against the school district, intermediate school district, or public school academy.
(6) A participant who is subject to retaliation or other adverse action by a school district, intermediate school district, or public school academy as a result of reporting a violation of this section has a private cause of action for injunctive relief, damages, and any other relief available against the entity that took the retaliatory or other adverse action.
(7) A school district, intermediate school district, or public school academy that suffers any direct or indirect harm as a result of a violation of subsection (4) has a private cause of action for injunctive relief, damages, and any other relief available against the agency, political subdivision, accrediting organization, or interscholastic athletic association that violated subsection (4).
(8) Any civil action brought as a result of a violation of this section must be initiated within 2 years after the date on which the violation occurred. Individuals or entities that prevail on a claim brought under this section are entitled to monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney fees and costs, and any other appropriate relief.
(9) As used in this section, "sex" means the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender.