1.1 A bill for an act 1.2 relating to education; providing for student physical privacy; amending Minnesota 1.3 Statutes 2024, section 121A.04, subdivision 3; proposing coding for new law in 1.4 Minnesota Statutes, chapter 121A. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2024, section 121A.04, subdivision 3, is amended to read: 1.7 Subd. 3.Exceptions.(a) Notwithstanding any other state law to the contrary, in athletic 1.8programs operated by educational institutions or public services and designed for participants 1.912 years old or older or in the 7th grade or above, it is not an unfair discriminatory practice 1.10to restrict membership on an athletic team to participants of one sex whose overall athletic 1.11opportunities have previously been limited. 1.12 (b) When an educational institution or a public service provides athletic teams for children 1.1311 years old or younger or in the 6th grade or below, those teams shall be operated without 1.14restrictions on the basis of sex, except that when overall athletic opportunities for one sex 1.15have previously been limited and there is a demonstrated interest by members of that sex 1.16to participate on a team restricted to members of that sex, the educational institution or 1.17public service may provide a team restricted to members of that sex. 1.18 (c) When two teams in the same sport are in fact separated or substantially separated 1.19according to sex, the two teams shall be provided with substantially equal budgets per 1.20participant, exclusive of gate receipts and other revenues generated by that sport, and in all 1.21other respects shall be treated in a substantially equal manner. However, nothing in this 1.22section shall be construed to require the two teams to conduct combined practice sessions 1.23or any other combined activities related to athletics. 1Section 1. REVISOR CR/AC 25-0351102/07/25 State of Minnesota This Document can be made available in alternative formats upon request HOUSE OF REPRESENTATIVES H. F. No. 565 NINETY-FOURTH SESSION Authored by Quam and Davis02/13/2025 The bill was read for the first time and referred to the Committee on Education Policy 2.1 (d) If two teams are provided in the same sport, one of these teams may be restricted to 2.2members of a sex whose overall athletic opportunities have previously been limited, and 2.3members of either sex shall be permitted to try out for the other team. 2.4 (e) Notwithstanding the provisions of paragraphs (a), (b), and (d), any wrestling team 2.5may be restricted to members of one sex whether or not the overall athletic opportunities 2.6of that sex have previously been limited, provided that programs or events are provided for 2.7each sex to the extent the educational institution or public service determines that these 2.8programs or events are necessary to accommodate the demonstrated interest of each sex to 2.9participate in wrestling. 2.10 (f) Notwithstanding the provisions of paragraphs (a) to (e) or any other state law to the 2.11contrary, a person with a Y chromosome must not participate in a school athletic team 2.12designated for the female sex. 2.13 Sec. 2. [121A.211] STUDENT PHYSICAL PRIVACY. 2.14 Subdivision 1.Purpose.The purpose of this section is to protect and provide for the 2.15privacy and safety of all students enrolled in public schools and to maintain order and dignity 2.16in restrooms, locker rooms, changing rooms, showers, and other facilities where students 2.17may be in various states of undress in the presence of other students. 2.18 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the 2.19meanings given. 2.20 (b) "Sex" means the physical condition of being male or female, as determined by a 2.21person's chromosomes and identified by a person's anatomy. 2.22 (c) "Public school" means a public school under section 120A.05, subdivisions 9, 11, 2.2313, and 17, and a charter school under chapter 124E. 2.24 Subd. 3.Student physical privacy protection.(a) A public school student restroom, 2.25locker room, changing room, or shower accessible by multiple students at the same time 2.26shall be designated for the exclusive use by students based on their sex. 2.27 (b) A public school student restroom, locker room, changing room, or shower that is 2.28designated for the exclusive use of one sex shall be used only by members of that sex. A 2.29restroom, locker room, changing room, or shower that is designated for the exclusive use 2.30of the female sex must not be used by a person with a Y chromosome. 2Sec. 2. REVISOR CR/AC 25-0351102/07/25 3.1 (c) In any other public school facility or setting where a student may be in a state of 3.2undress in the presence of other students, school personnel shall provide separate, private, 3.3and safe areas designated for use by students based on their sex. 3.4 (d) Nothing in this section shall prohibit public schools from providing accommodation 3.5such as single-occupancy facilities or controlled use of faculty facilities upon a student 3.6request due to special circumstances. Under no circumstances may a public school student 3.7restroom, locker room, changing room, shower, or other facility designated for exclusive 3.8use based on sex be used by a person of another sex. 3Sec. 2. REVISOR CR/AC 25-0351102/07/25