03-07 22:25 H.B. 424
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School Activity Eligibility Commission Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
Senate Sponsor: Brady Brammer
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LONG TITLE
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General Description:
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This bill amends provisions regarding the School Activity Eligibility Commission
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(commission).
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Highlighted Provisions:
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This bill:
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▸ broadens the scope of available appointees to the commission;
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▸ modifies quorum requirements for the commission;
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▸ modifies a requirement to establish certain baseline ranges;
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▸ provides that an eligibility determination of the commission is for a given school year;
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▸ provides a standard of proof for eligibility determinations of the commission;
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▸ prohibits public schools from participating with an athletic association that does not
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provide administrative staff support to the commission;
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▸ provides for the scheduling of commission meetings throughout the school year with
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certain submission deadlines and ad-hoc meetings for students who do not meet certain
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deadlines; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53G-6-1001, as last amended by Laws of Utah 2023, Chapter 340
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53G-6-1003, as last amended by Laws of Utah 2024, Chapter 524
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53G-6-1004, as last amended by Laws of Utah 2024, Chapter 524
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53G-7-1102, as last amended by Laws of Utah 2024, Chapter 46
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H.B. 424 H.B. 424 03-07 22:25
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53G-6-1001 is amended to read:
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53G-6-1001 . Definitions.
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As used in this part:
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(1) "Athletic association" means an association, as that term is defined in Section
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53G-7-1101.
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(2) "Birth certificate" means an official record of an individual's date of birth, place of birth,
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sex, and parentage, including a supplementary certificate of birth or birth certificate
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amendment and amendment history as provided in Sections 26B-8-110 and 26B-8-111.
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(3) "Commission" means the School Activity Eligibility Commission created in Section
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53G-6-1003.
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(4) "Does not correspond with the sex designation" means that a student's sex designation
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for an interscholastic activity in which a student seeks participation does not correspond
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with the sex designation on the student's birth certificate or an amendment, including the
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amendment history, to the student's birth certificate that the Division of Vital Records
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and Statistics provides.
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(5) "Female-designated" means that an interscholastic activity is designated specifically for
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female students.
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(6) "Gender-designated" means that an interscholastic activity or facility is designated
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specifically for female or male students.
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(7) "Gender identity" means the same as that term is defined in Section 34A-5-102.
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(8) "Interscholastic activity" means an activity in which a student represents the student's
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school in the activity in competition against another school.
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(9) "Male-designated" means that an interscholastic activity is designated specifically for
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male students.
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(10) "Student" means a student who is enrolled in a public school that participates in
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interscholastic activities.
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(11) "Unamended birth certificate" means a birth certificate:
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(a) with no amendment history; or
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(b) with an amendment history that:
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(i) does not include gender-related amendments; or
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(ii) includes gender-related amendments that only:
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(A) correct an error or omission resulting from a scrivener's error under
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Subsection 26B-8-107(2); or
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(B) correct a misidentification of birth sex for an intersex individual under
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Subsection Ĥ→ [s6B-8-107(2)] 26B-8-107(2) ←Ĥ .
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Section 2. Section 53G-6-1003 is amended to read:
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53G-6-1003 . School Activity Eligibility Commission -- Baseline range.
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(1) There is created the School Activity Eligibility Commission.
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(2)(a) The commission shall consist of the following members:
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(i) the following two members whom the president of the Senate appoints:
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(A) a mental health professional; and
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(B) a statistician with expertise in the analysis of medical data;
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(ii) the following two members whom the speaker of the House of Representatives
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appoints:
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(A) a [board-certified ]physician with expertise in gender identity healthcare,
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including an endocrinologist, a family medicine physician, or a pediatrician;
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and
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(B) a sports physiologist, an exercise physiologist, a sports medicine physician, a
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pediatrician with experience in youth sports, or an orthopedist or orthopedic
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surgeon;
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(iii) the following two members whom the governor appoints:
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(A) a representative of an athletic association; and
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(B) an athletic trainer who serves student athletes on the collegiate level; and
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(iv) one ad hoc member, serving on a case-by-case basis, who is:
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(A) appointed by the athletic association in which the relevant student's school
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competes; and
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(B) a certified high school coach or official who coaches or officiates in a separate
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region or classification from the relevant student's school and in the sport in
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which the relevant student seeks eligibility.
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(b) An athletic association may prepare and communicate the association's sport-specific
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appointments described in Subsection (2)(a)(iv) in preparation for student requests in
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a given sport.
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(3)(a) A member of the commission described in Subsections (2)(a)(i) through (iii) shall
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serve an initial term of one year, subject to reappointment for subsequent terms of
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two years.
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(b) If a vacancy occurs in the membership of the commission, the individual responsible
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for the appointment of the vacant seat as described in Subsection (2) shall fill the
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vacancy in the same manner as the original appointment.
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(4)(a)(i) Except as provided in Subsection (4)(a)(ii)[, ] :
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(A) all members of the commission constitute a quorum of the commission for a
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meeting to determine the eligibility of a student[.] ; and
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[(ii)] (B) [All] all members of the commission described in Subsections (2)(a)(i)
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through (iii) constitute a quorum for any meeting other than the meeting
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described in Subsection (4)(a)(i).
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(ii) The commission satisfies the quorum requirements described in Subsection
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(4)(a)(i) if no more than one of the commission positions described in Subsections
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(2)(a)(i) through (iii) is vacant.
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(b) An action of a majority of a quorum constitutes an action of the commission.
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(5) A majority of the commission members described in Subsections (2)(a)(i) through (iii)
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shall elect a chair from among the members described in Subsections (2)(a)(i) through
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(iii) to:
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(a) schedule meetings of the commission;
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(b) set the agenda of commission meetings; and
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(c) facilitate discussion among the commission's members.
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(6) A commission member:
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(a) may not receive compensation or benefits for the member's service on the
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commission; and
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(b) may receive per diem and reimbursement for travel expenses that the commission
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member incurs as a commission member at the rates that the Division of Finance
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establishes under:
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(i) Sections 63A-3-106 and 63A-3-107; and
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(ii) rules that the Division of Finance makes under Sections 63A-3-106 and
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63A-3-107.
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(7) Ŝ→ [(a)] ←Ŝ The Ŝ→ [commission may enter into an agreement with an athletic
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association to] Department of Government Operations shall ←Ŝ provide
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administrative staff support to the commission.
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Ŝ→ [(b) Ĥ→ The attorney general's office shall support an athletic association ] ←Ŝ
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Ŝ→ [described in Subsection (7)(a) in posting public notices and arranging meeting ] ←Ŝ
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Ŝ→ [locations.] ←Ŝ ←Ĥ
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(8)(a) The commission shall, to the extent possible based on the available evidence,
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establish a baseline range of physical characteristics for students participating in a
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specific gender-designated activity at a specific age to provide the context for the
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evaluation of an individual student's eligibility for a given gender-designated
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interscholastic activity under Section 53G-6-1004.
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(b) In creating the baseline ranges described in Subsection (8)(a), the commission shall
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include the physical characteristics for the age and gender group in a given
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gender-designated interscholastic activity that are relevant to the specific
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interscholastic activity.
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(c) The physical characteristics described in Subsection (8)(b) may include height,
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weight, physical characteristics relevant to the application of the standard described
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in Subsection 53G-6-1004(3), or the extent of physical characteristics affected by
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puberty, giving consideration to the practicability of considering the physical
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characteristic when making an assessment of an individual student's eligibility under
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Section 53G-6-1004.
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(9) The following records that relate to the application or analysis of or determination under
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this part regarding the eligibility of a specific student shall be classified as a protected
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record under Title 63G, Chapter 2, Government Records Access and Management Act:
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(a) any record of the commission, including any communication between an athletic
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association and the commission; and
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(b) any record that a school or LEA possesses.
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(10) Members of the commission are immune from suit with respect to all acts done and
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actions taken in good faith in carrying out the purposes of this part.
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(11) The commission has no authority in relation to eligibility questions other than
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participation in a gender-designated interscholastic activity under this part.
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Section 3. Section 53G-6-1004 is amended to read:
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53G-6-1004 . Eligibility for interscholastic activities.
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(1)(a) Notwithstanding any state board rule or policy of an athletic association, and
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except as provided in Subsections (1)(b) and (c):
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(i) once a student has obtained the eligibility approval of the commission under
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Subsection (2), Ĥ→ unless otherwise prohibited by federal law or a policy of an
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LEA, school, or athletic association that governs the relevant interscholastic
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athletic activity, ←Ĥ the student Ĥ→ [may] is eligible under this part to ←Ĥ
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participate in a gender-designated interscholastic
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activity that does not correspond with the sex designation on the student's
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unamended birth certificate for the given school year; and
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(ii) if a student does not obtain the eligibility approval of the commission under
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Subsection (2), the student may not participate in a gender-designated
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interscholastic activity that does not correspond with the sex designation on the
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student's unamended birth certificate.
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(b) A student [who has undergone or is undergoing a gender transition shall obtain the
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eligibility approval of the commission under Subsection (2) to] may only participate
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in a gender-designated interscholastic activity that [corresponds with the student's
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gender identity] does not correspond with the student's sex, as defined in Section
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68-3-12.5, if the student obtains the eligibility approval of the commission under
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Subsection (2).
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(c) Nothing in this [subsection Ĥ→ section] part ←Ĥ prohibits a
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student from participating in a
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gender-designated interscholastic activity in accordance with 34 C.F.R. Sec.
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106.41(b).
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(2)(a) When a student registers with an athletic association to participate in a
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gender-designated interscholastic activity:
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(i) a student who has undergone or is undergoing a gender transition shall notify the
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athletic association of the student's transition and the need for the commission's
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eligibility approval as described in Subsection (1)(b);
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(ii) the athletic association shall notify the commission of:
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(A) a student for whom an eligibility determination of the commission is required
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due to the sex designation on the student's unamended birth certificate not
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corresponding with the gender designation of the gender-designated
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interscholastic activity in which the student seeks to participate or the student's
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notice of a gender transition under Subsection (1)(a)(ii); and
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(B) the association's ad hoc appointment to the commission described in
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Subsection 53G-6-1003(2)(a)(iv); and
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(iii) the athletic association shall notify the student described in this Subsection (2)(a)
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regarding the process for determining the student's eligibility for the activity under
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this section.
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(b) The commission shall:
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(i)(A) schedule at least three non-public meetings throughout the school year to
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consider any student eligibility notifications described in Subsection (2)(a) the
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commission has received at least 14 days before the date of each meeting; and
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(B) give notice of each scheduled meeting and the associated 14-day deadline to
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the relevant athletic association; and
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[(i)] (ii)(A) if the commission receives a notification described in Subsection (2)(a)
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after the 14-day deadline described in Subsection (2)(b)(i), schedule [a] an
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ad-hoc non-public meeting to consider [a] the given student's eligibility[ to be
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held within 30 days after the day on which the commission receives the
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notification described in Subsection (2)(a)] , occurring within 60 days after the
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day on which the commission receives the notification; and
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[(ii)] (B) [notify] give notice of the ad-hoc meeting to the relevant athletic
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association and the [student's parents or legal guardians of the scheduled
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meeting] parents of each student seeking an eligibility determination.
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(c) Before the meeting described in Subsection (2)(b):
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(i) the student for whom the commission has scheduled the meeting or the student's
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parent or guardian is not required but may submit to the commission any
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information the student wishes to disclose to the commission that may be relevant
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to the commission's eligibility determination, including information regarding:
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(A) the gender-designated interscholastic activities for which the student seeks
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eligibility;
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(B) the gender-designated interscholastic activities in which the student has
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previously participated; and
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(C) the student's physical characteristics or medical treatments that support the
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student's eligibility for the specific gender-designated interscholastic activity;
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(ii) the commission may request additional evidence from the student that is:
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(A) limited to the extent possible to protect the student's privacy; and
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(B) only directly relevant to the commission's eligibility determination; and
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(iii) the commission may offer the student a voucher to cover the cost of a diagnostic
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assessment if the commission makes a request for medical information under
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Subsection (2)(c)(ii) for which the student's insurance does not provide coverage
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or reimbursement for the diagnostic that:
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(A) would provide the requested information; and
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(B) is not free or otherwise readily available to the student.
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(d) During the meeting described in Subsection (2)(b):
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(i) only the following individuals may be present or participate electronically:
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(A) the student for whom the commission is meeting to make an eligibility
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determination;
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(B) the student's parents or guardians;
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(C) the members and necessary staff of the commission; and
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(D) any medical professionals or other witnesses the student chooses to include to
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support the student's eligibility;
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(ii) attendees may participate in person or electronically; and
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(iii) the commission shall:
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(A) hear the information that supports the student's eligibility;
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(B) deliberate the facts relevant to the student's physical characteristics and
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eligibility in camera or otherwise after temporarily excusing from the meeting
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the student, the student's parents or legal guardians, and any medical
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professionals or other witnesses whom the student includes; and
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(C) render the commission's eligibility determination in accordance with
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Subsection (3) or request additional information and schedule an additional
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commission meeting to be held within 30 days of the meeting and in
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accordance with this Subsection (2)(d) to discuss the additional information
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and render the commission's eligibility determination.
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(e) The commission may not address the commission's application or analysis of or
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determination under this part regarding the eligibility of a specific student in a public
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meeting or public communication.
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(3)(a) In making an eligibility determination, the commission, after considering whether
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the student's assertion of a gender identity is consistent with the statutory definition
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of gender identity as that term is defined in Section 34A-5-102, including the
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implications for the student's mental health of participating in the gender-designated
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interscholastic activity, shall:
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(i) make a determination based on a preponderance of the evidence regarding
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whether, when measured against the relevant baseline range described in
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Subsection 53G-6-1003(8), granting the student's eligibility would:
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(A) present a substantial safety risk to the student or others that is significantly
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greater than the inherent risks of the given activity; or
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(B) likely give the student a material competitive advantage, as the commission
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defines, when compared to students of the same age competing in the relevant
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gender-designated activity, including consideration of the student's previous
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history of participation in gender-designated interscholastic activities; and
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(ii) record the commission's decision and rationale in writing and provide the written
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decision to the athletic commission within 30 days after the day on which the
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commission renders an eligibility decision under this Subsection (3)(a) in a
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meeting described in Subsection (2)(b).
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(b) Upon receipt of the commission's determination and rationale under Subsection
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(3)(a), the athletic commission shall notify the student and the relevant school or
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LEA of the commission's determination and rationale.
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(c) A school or LEA shall comply with the commission's determination under this
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Subsection (3).
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(d) An eligibility determination of the commission only applies for the relevant school
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year.
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(4)(a) Notwithstanding any other provision of law and except as provided in Subsections
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(3)(b) and (4)(b), the commission may not disclose:
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(i) the name of a student whose eligibility the commission will consider, is
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considering, or has considered; or
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(ii) the commission's determination regarding a student's eligibility.
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(b) The commission shall disclose the commission's determination of a student's
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eligibility for a given gender-designated interscholastic activity to the relevant
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athletic association, only for the purpose of confirming whether the student is eligible
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for the interscholastic activity.
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(c)(i) Notwithstanding any other provision of law, an athletic association may not
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disclose the information described in Subsections (4)(a)(i) and (ii).
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(ii) Nothing in this Subsection (4) prohibits an athletic association from affirming
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that a student is eligible if the eligibility of a student is questioned.
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Section 4. Section 53G-7-1102 is amended to read:
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53G-7-1102 . Public schools prohibited from membership.
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(1) A public school may not be a member of or pay dues to an association that:
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(a) is not in compliance with:
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(i) this part;
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(ii) Title 52, Chapter 4, Open and Public Meetings Act;
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(iii) Title 63G, Chapter 2, Government Records Access and Management Act; and
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(iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
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(b) does not collect each student's unamended birth certificate , as that term is defined in
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Section 53G-6-1001, or subject to Subsection (3), equivalent documentation, as
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described in Subsection (2)(a), to determine eligibility as a condition of the
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association's registration process for an athletic team, event, or category;[ or]
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(c) does not require a student to provide the student's date of birth and sex as a condition
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of the registration process for an athletic team, event, or category Ŝ→ [[].[];
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or]
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[(d) does not provide administrative staff support to the School Activity Eligibility ] ←Ŝ
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Ŝ→ [Commission in accordance with Section 53G-6-1003.] ←Ŝ
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(2)(a) For a student who is not a United States citizen and who is unable to provide [a] an
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unamended birth certificate, as that term is defined in Section 53G-6-1001, the
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association may collect the student's:
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(i) state-issued identification document, including a driver's license or passport; or
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(ii) federally recognized identification document, including a document that the
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Department of Homeland Security issues.
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(b) If a student who is not a United States citizen is unable to provide a document under
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Subsection (2)(a), the association may collect other reliable proof of a student's date
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of birth and sex, including:
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(i) an affidavit from the student's parent or legal guardian attesting:
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(A) to the student's date of birth and sex; and
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(B) that the parent or legal guardian is unable to obtain a document described in
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Subsection (2)(a); and
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(ii) one of the following:
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(A) a religious, hospital, or physician certificate;
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(B) verified school records;
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(C) verified immunization records; or
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(D) documentation from a social service provider.
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(3)(a) Subsection (1)(b) does not apply to an association for a student who is a homeless
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child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42
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U.S.C. Sec. 11431 et seq.
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(b) For a student who is a homeless child or youth, including an unaccompanied
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homeless child or youth, an association may collect:
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(i) an affidavit from the student's parent or guardian, or the student if the student is an
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unaccompanied homeless child or youth, indicating that the student does not meet
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the necessary requirements to obtain a document described in Subsection (2)(a);
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and
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(ii) a document described in Subsection (2)(b)(ii).
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(4) Nothing in this section limits or impairs an LEA's requirement to verify a student's
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initial review of eligibility to participate in an athletic team, event, or category under
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applicable state or federal law or state board rule, including the student's:
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(a) residency status;
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(b) age;
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(c) sex, verified by the student's unamended birth certificate, as that term is defined in
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Section 53G-6-1001;
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(d) academic requirements; or
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(e) school enrollment capacity.
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(5) Unless otherwise specified, an association's compliance with or an association employee
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or officer's compliance with the provisions described in Subsection (1) does not alter:
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(a) the association's public or private status; or
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(b) the public or private employment status of the employee or officer.
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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