Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF802 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to education; providing for student physical privacy; amending Minnesota
3	3	1.3 Statutes 2024, section 121A.04, subdivision 3; proposing coding for new law in
4	4	1.4 Minnesota Statutes, chapter 121A.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 121A.04, subdivision 3, is amended to read:
7	7	1.7 Subd. 3.Exceptions.(a) Notwithstanding any other state law to the contrary, in athletic
8	8	1.8programs operated by educational institutions or public services and designed for participants
9	9	1.912 years old or older or in the 7th grade or above, it is not an unfair discriminatory practice
10	10	1.10to restrict membership on an athletic team to participants of one sex whose overall athletic
11	11	1.11opportunities have previously been limited.
12	12	1.12 (b) When an educational institution or a public service provides athletic teams for children
13	13	1.1311 years old or younger or in the 6th grade or below, those teams shall be operated without
14	14	1.14restrictions on the basis of sex, except that when overall athletic opportunities for one sex
15	15	1.15have previously been limited and there is a demonstrated interest by members of that sex
16	16	1.16to participate on a team restricted to members of that sex, the educational institution or
17	17	1.17public service may provide a team restricted to members of that sex.
18	18	1.18 (c) When two teams in the same sport are in fact separated or substantially separated
19	19	1.19according to sex, the two teams shall be provided with substantially equal budgets per
20	20	1.20participant, exclusive of gate receipts and other revenues generated by that sport, and in all
21	21	1.21other respects shall be treated in a substantially equal manner. However, nothing in this
22	22	1.22section shall be construed to require the two teams to conduct combined practice sessions
23	23	1.23or any other combined activities related to athletics.
24	24	1Section 1.
25	25	25-01838 as introduced01/08/25 REVISOR CR/BM
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 802NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: NELSON, Coleman and Duckworth)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading01/30/2025
32	32	Referred to Education Policy 2.1 (d) If two teams are provided in the same sport, one of these teams may be restricted to
33	33	2.2members of a sex whose overall athletic opportunities have previously been limited, and
34	34	2.3members of either sex shall be permitted to try out for the other team.
35	35	2.4 (e) Notwithstanding the provisions of paragraphs (a), (b), and (d), any wrestling team
36	36	2.5may be restricted to members of one sex whether or not the overall athletic opportunities
37	37	2.6of that sex have previously been limited, provided that programs or events are provided for
38	38	2.7each sex to the extent the educational institution or public service determines that these
39	39	2.8programs or events are necessary to accommodate the demonstrated interest of each sex to
40	40	2.9participate in wrestling.
41	41	2.10 (f) Notwithstanding the provisions of paragraphs (a) to (e) or any other state law to the
42	42	2.11contrary, a person with a Y chromosome must not participate in a school athletic team
43	43	2.12designated for the female sex.
44	44	2.13 Sec. 2. [121A.211] STUDENT PHYSICAL PRIVACY.
45	45	2.14 Subdivision 1.Purpose.The purpose of this section is to protect and provide for the
46	46	2.15privacy and safety of all students enrolled in public schools and to maintain order and dignity
47	47	2.16in restrooms, locker rooms, changing rooms, showers, and other facilities where students
48	48	2.17may be in various states of undress in the presence of other students.
49	49	2.18 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the
50	50	2.19meanings given.
51	51	2.20 (b) "Sex" means the physical condition of being male or female, as determined by a
52	52	2.21person's chromosomes and identified by a person's anatomy.
53	53	2.22 (c) "Public school" means a public school under section 120A.05, subdivisions 9, 11,
54	54	2.2313, and 17, and a charter school under chapter 124E.
55	55	2.24 Subd. 3.Student physical privacy protection.(a) A public school student restroom,
56	56	2.25locker room, changing room, or shower accessible by multiple students at the same time
57	57	2.26shall be designated for the exclusive use by students based on their sex.
58	58	2.27 (b) A public school student restroom, locker room, changing room, or shower that is
59	59	2.28designated for the exclusive use of one sex shall be used only by members of that sex. A
60	60	2.29restroom, locker room, changing room, or shower that is designated for the exclusive use
61	61	2.30of the female sex must not be used by a person with a Y chromosome.
62	62	2Sec. 2.
63	63	25-01838 as introduced01/08/25 REVISOR CR/BM 3.1 (c) In any other public school facility or setting where a student may be in a state of
64	64	3.2undress in the presence of other students, school personnel shall provide separate, private,
65	65	3.3and safe areas designated for use by students based on their sex.
66	66	3.4 (d) Nothing in this section shall prohibit public schools from providing accommodation
67	67	3.5such as single-occupancy facilities or controlled use of faculty facilities upon a student
68	68	3.6request due to special circumstances. Under no circumstances may a public school student
69	69	3.7restroom, locker room, changing room, shower, or other facility designated for exclusive
70	70	3.8use based on sex be used by a person of another sex.
71	71	3Sec. 2.
72	72	25-01838 as introduced01/08/25 REVISOR CR/BM