Utah 2025 Regular Session

Utah House Bill HB0424 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ H.B. 424
	1	+	03-07 22:25 H.B. 424
2	2		1
3	3		School Activity Eligibility Commission Amendments
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Nelson T. Abbott
7	7		Senate Sponsor: Brady Brammer
8	8		2
9	9
10	10		3
11	11		LONG TITLE
12	12		4
13	13		General Description:
14	14		5
15	15		This bill amends provisions regarding the School Activity Eligibility Commission
16	16		6
17	17		(commission).
18	18		7
19	19		Highlighted Provisions:
20	20		8
21	21		This bill:
22	22		9
23	23		▸ broadens the scope of available appointees to the commission;
24	24		10
25	25		▸ modifies quorum requirements for the commission;
26	26		11
27	27		▸ modifies a requirement to establish certain baseline ranges;
28	28		12
29	29		▸ provides that an eligibility determination of the commission is for a given school year;
30	30		13
31	31		▸ provides a standard of proof for eligibility determinations of the commission;
32	32		14
33	33		▸ prohibits public schools from participating with an athletic association that does not
34	34		15
35	35		provide administrative staff support to the commission;
36	36		16
37	37		▸ provides for the scheduling of commission meetings throughout the school year with
38	38		17
39		-	certain submission deadlines and ad hoc meetings for students who do not meet certain
	39	+	certain submission deadlines and ad-hoc meetings for students who do not meet certain
40	40		18
41	41		deadlines; and
42	42		19
43	43		▸ makes technical and conforming changes.
44	44		20
45	45		Money Appropriated in this Bill:
46	46		21
47	47		None
48	48		22
49	49		Other Special Clauses:
50	50		23
51	51		None
52	52		24
53	53		Utah Code Sections Affected:
54	54		25
55	55		AMENDS:
56	56		26
57	57		53G-6-1001, as last amended by Laws of Utah 2023, Chapter 340
58	58		27
59		-	53G-6-1003, as last amended by Laws of Utah 2024, Chapter 524 ~~H.B. 424 Enrolled Copy~~
	59	+	53G-6-1003, as last amended by Laws of Utah 2024, Chapter 524
60	60		28
61	61		53G-6-1004, as last amended by Laws of Utah 2024, Chapter 524
62	62		29
63	63		53G-7-1102, as last amended by Laws of Utah 2024, Chapter 46
64	64		30
65	65
	66	+	H.B. 424 H.B. 424 03-07 22:25
66	67		31
67	68		Be it enacted by the Legislature of the state of Utah:
68	69		32
69	70		Section 1. Section 53G-6-1001 is amended to read:
70	71		33
71	72		53G-6-1001 . Definitions.
72	73		34
73	74		As used in this part:
74	75		35
75	76		(1) "Athletic association" means an association, as that term is defined in Section
76	77		36
77	78		53G-7-1101.
78	79		37
79	80		(2) "Birth certificate" means an official record of an individual's date of birth, place of birth,
80	81		38
81	82		sex, and parentage, including a supplementary certificate of birth or birth certificate
82	83		39
83	84		amendment and amendment history as provided in Sections 26B-8-110 and 26B-8-111.
84	85		40
85	86		(3) "Commission" means the School Activity Eligibility Commission created in Section
86	87		41
87	88		53G-6-1003.
88	89		42
89	90		(4) "Does not correspond with the sex designation" means that a student's sex designation
90	91		43
91	92		for an interscholastic activity in which a student seeks participation does not correspond
92	93		44
93	94		with the sex designation on the student's birth certificate or an amendment, including the
94	95		45
95	96		amendment history, to the student's birth certificate that the Division of Vital Records
96	97		46
97	98		and Statistics provides.
98	99		47
99	100		(5) "Female-designated" means that an interscholastic activity is designated specifically for
100	101		48
101	102		female students.
102	103		49
103	104		(6) "Gender-designated" means that an interscholastic activity or facility is designated
104	105		50
105	106		specifically for female or male students.
106	107		51
107	108		(7) "Gender identity" means the same as that term is defined in Section 34A-5-102.
108	109		52
109	110		(8) "Interscholastic activity" means an activity in which a student represents the student's
110	111		53
111	112		school in the activity in competition against another school.
112	113		54
113	114		(9) "Male-designated" means that an interscholastic activity is designated specifically for
114	115		55
115	116		male students.
116	117		56
117	118		(10) "Student" means a student who is enrolled in a public school that participates in
118	119		57
119	120		interscholastic activities.
120	121		58
121	122		(11) "Unamended birth certificate" means a birth certificate:
122	123		59
123	124		(a) with no amendment history; or
124	125		60
125	126		(b) with an amendment history that:
126	127		61
127	128		(i) does not include gender-related amendments; or
128		-	- 2 - Enrolled Copy H.B. 424
129	129		62
130	130		(ii) includes gender-related amendments that only:
131	131		63
132	132		(A) correct an error or omission resulting from a scrivener's error under
133	133		64
134	134		Subsection 26B-8-107(2); or
	135	+	- 2 - 03-07 22:25 H.B. 424
135	136		65
136	137		(B) correct a misidentification of birth sex for an intersex individual under
137	138		66
138		-	Subsection 26B-8-107(2).
	139	+	Subsection Ĥ→ [s6B-8-107(2)] 26B-8-107(2) ←Ĥ .
139	140		67
140	141		Section 2. Section 53G-6-1003 is amended to read:
141	142		68
142	143		53G-6-1003 . School Activity Eligibility Commission -- Baseline range.
143	144		69
144	145		(1) There is created the School Activity Eligibility Commission.
145	146		70
146	147		(2)(a) The commission shall consist of the following members:
147	148		71
148	149		(i) the following two members whom the president of the Senate appoints:
149	150		72
150	151		(A) a mental health professional; and
151	152		73
152	153		(B) a statistician with expertise in the analysis of medical data;
153	154		74
154	155		(ii) the following two members whom the speaker of the House of Representatives
155	156		75
156	157		appoints:
157	158		76
158	159		(A) a [board-certified ]physician with expertise in gender identity healthcare,
159	160		77
160	161		including an endocrinologist, a family medicine physician, or a pediatrician;
161	162		78
162	163		and
163	164		79
164	165		(B) a sports physiologist, an exercise physiologist, a sports medicine physician, a
165	166		80
166	167		pediatrician with experience in youth sports, or an orthopedist or orthopedic
167	168		81
168	169		surgeon;
169	170		82
170	171		(iii) the following two members whom the governor appoints:
171	172		83
172	173		(A) a representative of an athletic association; and
173	174		84
174	175		(B) an athletic trainer who serves student athletes on the collegiate level; and
175	176		85
176	177		(iv) one ad hoc member, serving on a case-by-case basis, who is:
177	178		86
178	179		(A) appointed by the athletic association in which the relevant student's school
179	180		87
180	181		competes; and
181	182		88
182	183		(B) a certified high school coach or official who coaches or officiates in a separate
183	184		89
184	185		region or classification from the relevant student's school and in the sport in
185	186		90
186	187		which the relevant student seeks eligibility.
187	188		91
188	189		(b) An athletic association may prepare and communicate the association's sport-specific
189	190		92
190	191		appointments described in Subsection (2)(a)(iv) in preparation for student requests in
191	192		93
192	193		a given sport.
193	194		94
194	195		(3)(a) A member of the commission described in Subsections (2)(a)(i) through (iii) shall
195	196		95
196	197		serve an initial term of one year, subject to reappointment for subsequent terms of
197		-	- 3 - H.B. 424 Enrolled Copy
198	198		96
199	199		two years.
200	200		97
201	201		(b) If a vacancy occurs in the membership of the commission, the individual responsible
202	202		98
203	203		for the appointment of the vacant seat as described in Subsection (2) shall fill the
	204	+	- 3 - H.B. 424 03-07 22:25
204	205		99
205	206		vacancy in the same manner as the original appointment.
206	207		100
207	208		(4)(a)(i) Except as provided in Subsection (4)(a)(ii)[, ] :
208	209		101
209	210		(A) all members of the commission constitute a quorum of the commission for a
210	211		102
211	212		meeting to determine the eligibility of a student[.] ; and
212	213		103
213	214		[(ii)] (B) [All] all members of the commission described in Subsections (2)(a)(i)
214	215		104
215	216		through (iii) constitute a quorum for any meeting other than the meeting
216	217		105
217	218		described in Subsection (4)(a)(i).
218	219		106
219	220		(ii) The commission satisfies the quorum requirements described in Subsection
220	221		107
221	222		(4)(a)(i) if no more than one of the commission positions described in Subsections
222	223		108
223	224		(2)(a)(i) through (iii) is vacant.
224	225		109
225	226		(b) An action of a majority of a quorum constitutes an action of the commission.
226	227		110
227	228		(5) A majority of the commission members described in Subsections (2)(a)(i) through (iii)
228	229		111
229	230		shall elect a chair from among the members described in Subsections (2)(a)(i) through
230	231		112
231	232		(iii) to:
232	233		113
233	234		(a) schedule meetings of the commission;
234	235		114
235	236		(b) set the agenda of commission meetings; and
236	237		115
237	238		(c) facilitate discussion among the commission's members.
238	239		116
239	240		(6) A commission member:
240	241		117
241	242		(a) may not receive compensation or benefits for the member's service on the
242	243		118
243	244		commission; and
244	245		119
245	246		(b) may receive per diem and reimbursement for travel expenses that the commission
246	247		120
247	248		member incurs as a commission member at the rates that the Division of Finance
248	249		121
249	250		establishes under:
250	251		122
251	252		(i) Sections 63A-3-106 and 63A-3-107; and
252	253		123
253	254		(ii) rules that the Division of Finance makes under Sections 63A-3-106 and
254	255		124
255	256		63A-3-107.
256	257		125
257		-	(7) The [commission may enter into an agreement with an athletic association
	258	+	(7) Ŝ→ [(a)] ←Ŝ The Ŝ→ [commission may enter into an agreement with an athletic
	259	+	125a
	260	+	association to] Department of Government Operations shall ←Ŝ provide
	261	+	126
	262	+	administrative staff support to the commission.
	263	+	126a
	264	+	Ŝ→ [(b) Ĥ→ The attorney general's office shall support an athletic association ] ←Ŝ
	265	+	126b
	266	+	Ŝ→ [described in Subsection (7)(a) in posting public notices and arranging meeting ] ←Ŝ
	267	+	126c
	268	+	Ŝ→ [locations.] ←Ŝ ←Ĥ
	269	+	127
	270	+	(8)(a) The commission shall, to the extent possible based on the available evidence,
258	271		128
259		-	to]
260		-	126
261		-	Department of Government Operations shall provide administrative staff support to the
262		-	127
263		-	commission.
264		-	133a
265		-	(8)(a) The commission shall, to the extent possible based on the available evidence,
266		-	- 4 - Enrolled Copy H.B. 424
267		-	133b
268	272		establish a baseline range of physical characteristics for students participating in a
269		-	133c
	273	+	- 4 - 03-07 22:25 H.B. 424
	274	+	129
270	275		specific gender-designated activity at a specific age to provide the context for the
271		-	~~133d~~
	276	+	130
272	277		evaluation of an individual student's eligibility for a given gender-designated
273		-	~~133e~~
	278	+	131
274	279		interscholastic activity under Section 53G-6-1004.
275		-	~~133f~~
	280	+	132
276	281		(b) In creating the baseline ranges described in Subsection (8)(a), the commission shall
277		-	~~133g~~
	282	+	133
278	283		include the physical characteristics for the age and gender group in a given
279		-	~~133h~~
	284	+	134
280	285		gender-designated interscholastic activity that are relevant to the specific
281		-	~~133i~~
	286	+	135
282	287		interscholastic activity.
283		-	~~133j~~
	288	+	136
284	289		(c) The physical characteristics described in Subsection (8)(b) may include height,
285		-	~~133k~~
	290	+	137
286	291		weight, physical characteristics relevant to the application of the standard described
287		-	~~133l~~
	292	+	138
288	293		in Subsection 53G-6-1004(3), or the extent of physical characteristics affected by
289		-	~~133m~~
	294	+	139
290	295		puberty, giving consideration to the practicability of considering the physical
291		-	~~133n~~
	296	+	140
292	297		characteristic when making an assessment of an individual student's eligibility under
293		-	~~133o~~
	298	+	141
294	299		Section 53G-6-1004.
295		-	~~133p~~
	300	+	142
296	301		(9) The following records that relate to the application or analysis of or determination under
297		-	~~133q~~
	302	+	143
298	303		this part regarding the eligibility of a specific student shall be classified as a protected
299		-	~~133r~~
	304	+	144
300	305		record under Title 63G, Chapter 2, Government Records Access and Management Act:
301		-	~~133s~~
	306	+	145
302	307		(a) any record of the commission, including any communication between an athletic
303		-	~~133t~~
	308	+	146
304	309		association and the commission; and
305		-	~~133u~~
	310	+	147
306	311		(b) any record that a school or LEA possesses.
307		-	~~133v~~
	312	+	148
308	313		(10) Members of the commission are immune from suit with respect to all acts done and
309		-	~~133w~~
	314	+	149
310	315		actions taken in good faith in carrying out the purposes of this part.
311		-	~~133x~~
	316	+	150
312	317		(11) The commission has no authority in relation to eligibility questions other than
313		-	~~133y~~
	318	+	151
314	319		participation in a gender-designated interscholastic activity under this part.
315		-	~~133z~~
	320	+	152
316	321		Section 3. Section 53G-6-1004 is amended to read:
317		-	~~133aa~~
	322	+	153
318	323		53G-6-1004 . Eligibility for interscholastic activities.
319		-	~~133bb~~
	324	+	154
320	325		(1)(a) Notwithstanding any state board rule or policy of an athletic association, and
321		-	~~133cc~~
	326	+	155
322	327		except as provided in Subsections (1)(b) and (c):
323		-	~~133dd~~
	328	+	156
324	329		(i) once a student has obtained the eligibility approval of the commission under
325		-	133ee
326		-	Subsection (2), unless otherwise prohibited by federal law or a policy of an LEA,
327		-	133ff
328		-	school, or athletic association that governs the relevant interscholastic athletic
329		-	133gg
330		-	activity, the student [may] is eligible under this part to participate in a
331		-	133hh
332		-	gender-designated interscholastic activity that does not correspond with the sex
333		-	133ii
334		-	designation on the student's unamended birth certificate for the given school year;
335		-	- 5 - H.B. 424 Enrolled Copy
336		-	133jj
	330	+	157
	331	+	Subsection (2), Ĥ→ unless otherwise prohibited by federal law or a policy of an
	332	+	157a
	333	+	LEA, school, or athletic association that governs the relevant interscholastic
	334	+	157b
	335	+	athletic activity, ←Ĥ the student Ĥ→ [may] is eligible under this part to ←Ĥ
	336	+	157c
	337	+	participate in a gender-designated interscholastic
	338	+	158
	339	+	activity that does not correspond with the sex designation on the student's
	340	+	159
	341	+	unamended birth certificate for the given school year; and
	342	+	- 5 - H.B. 424 03-07 22:25
	343	+	160
	344	+	(ii) if a student does not obtain the eligibility approval of the commission under
	345	+	161
	346	+	Subsection (2), the student may not participate in a gender-designated
	347	+	162
	348	+	interscholastic activity that does not correspond with the sex designation on the
	349	+	163
	350	+	student's unamended birth certificate.
	351	+	164
	352	+	(b) A student [who has undergone or is undergoing a gender transition shall obtain the
	353	+	165
	354	+	eligibility approval of the commission under Subsection (2) to] may only participate
	355	+	166
	356	+	in a gender-designated interscholastic activity that [corresponds with the student's
	357	+	167
	358	+	gender identity] does not correspond with the student's sex, as defined in Section
	359	+	168
	360	+	68-3-12.5, if the student obtains the eligibility approval of the commission under
	361	+	169
	362	+	Subsection (2).
	363	+	170
	364	+	(c) Nothing in this [subsection Ĥ→ section] part ←Ĥ prohibits a
	365	+	170a
	366	+	student from participating in a
	367	+	171
	368	+	gender-designated interscholastic activity in accordance with 34 C.F.R. Sec.
	369	+	172
	370	+	106.41(b).
	371	+	173
	372	+	(2)(a) When a student registers with an athletic association to participate in a
	373	+	174
	374	+	gender-designated interscholastic activity:
	375	+	175
	376	+	(i) a student who has undergone or is undergoing a gender transition shall notify the
	377	+	176
	378	+	athletic association of the student's transition and the need for the commission's
	379	+	177
	380	+	eligibility approval as described in Subsection (1)(b);
	381	+	178
	382	+	(ii) the athletic association shall notify the commission of:
	383	+	179
	384	+	(A) a student for whom an eligibility determination of the commission is required
	385	+	180
	386	+	due to the sex designation on the student's unamended birth certificate not
	387	+	181
	388	+	corresponding with the gender designation of the gender-designated
	389	+	182
	390	+	interscholastic activity in which the student seeks to participate or the student's
	391	+	183
	392	+	notice of a gender transition under Subsection (1)(a)(ii); and
	393	+	184
	394	+	(B) the association's ad hoc appointment to the commission described in
	395	+	185
	396	+	Subsection 53G-6-1003(2)(a)(iv); and
	397	+	186
	398	+	(iii) the athletic association shall notify the student described in this Subsection (2)(a)
	399	+	187
	400	+	regarding the process for determining the student's eligibility for the activity under
	401	+	188
	402	+	this section.
	403	+	189
	404	+	(b) The commission shall:
	405	+	190
	406	+	(i)(A) schedule at least three non-public meetings throughout the school year to
	407	+	191
	408	+	consider any student eligibility notifications described in Subsection (2)(a) the
	409	+	192
	410	+	commission has received at least 14 days before the date of each meeting; and
	411	+	- 6 - 03-07 22:25 H.B. 424
	412	+	193
	413	+	(B) give notice of each scheduled meeting and the associated 14-day deadline to
	414	+	194
	415	+	the relevant athletic association; and
	416	+	195
	417	+	[(i)] (ii)(A) if the commission receives a notification described in Subsection (2)(a)
	418	+	196
	419	+	after the 14-day deadline described in Subsection (2)(b)(i), schedule [a] an
	420	+	197
	421	+	ad-hoc non-public meeting to consider [a] the given student's eligibility[ to be
	422	+	198
	423	+	held within 30 days after the day on which the commission receives the
	424	+	199
	425	+	notification described in Subsection (2)(a)] , occurring within 60 days after the
	426	+	200
	427	+	day on which the commission receives the notification; and
	428	+	201
	429	+	[(ii)] (B) [notify] give notice of the ad-hoc meeting to the relevant athletic
	430	+	202
	431	+	association and the [student's parents or legal guardians of the scheduled
	432	+	203
	433	+	meeting] parents of each student seeking an eligibility determination.
	434	+	204
	435	+	(c) Before the meeting described in Subsection (2)(b):
	436	+	205
	437	+	(i) the student for whom the commission has scheduled the meeting or the student's
	438	+	206
	439	+	parent or guardian is not required but may submit to the commission any
	440	+	207
	441	+	information the student wishes to disclose to the commission that may be relevant
	442	+	208
	443	+	to the commission's eligibility determination, including information regarding:
	444	+	209
	445	+	(A) the gender-designated interscholastic activities for which the student seeks
	446	+	210
	447	+	eligibility;
	448	+	211
	449	+	(B) the gender-designated interscholastic activities in which the student has
	450	+	212
	451	+	previously participated; and
	452	+	213
	453	+	(C) the student's physical characteristics or medical treatments that support the
	454	+	214
	455	+	student's eligibility for the specific gender-designated interscholastic activity;
	456	+	215
	457	+	(ii) the commission may request additional evidence from the student that is:
	458	+	216
	459	+	(A) limited to the extent possible to protect the student's privacy; and
	460	+	217
	461	+	(B) only directly relevant to the commission's eligibility determination; and
	462	+	218
	463	+	(iii) the commission may offer the student a voucher to cover the cost of a diagnostic
	464	+	219
	465	+	assessment if the commission makes a request for medical information under
	466	+	220
	467	+	Subsection (2)(c)(ii) for which the student's insurance does not provide coverage
	468	+	221
	469	+	or reimbursement for the diagnostic that:
	470	+	222
	471	+	(A) would provide the requested information; and
	472	+	223
	473	+	(B) is not free or otherwise readily available to the student.
	474	+	224
	475	+	(d) During the meeting described in Subsection (2)(b):
	476	+	225
	477	+	(i) only the following individuals may be present or participate electronically:
	478	+	226
	479	+	(A) the student for whom the commission is meeting to make an eligibility
	480	+	- 7 - H.B. 424 03-07 22:25
	481	+	227
	482	+	determination;
	483	+	228
	484	+	(B) the student's parents or guardians;
	485	+	229
	486	+	(C) the members and necessary staff of the commission; and
	487	+	230
	488	+	(D) any medical professionals or other witnesses the student chooses to include to
	489	+	231
	490	+	support the student's eligibility;
	491	+	232
	492	+	(ii) attendees may participate in person or electronically; and
	493	+	233
	494	+	(iii) the commission shall:
	495	+	234
	496	+	(A) hear the information that supports the student's eligibility;
	497	+	235
	498	+	(B) deliberate the facts relevant to the student's physical characteristics and
	499	+	236
	500	+	eligibility in camera or otherwise after temporarily excusing from the meeting
	501	+	237
	502	+	the student, the student's parents or legal guardians, and any medical
	503	+	238
	504	+	professionals or other witnesses whom the student includes; and
	505	+	239
	506	+	(C) render the commission's eligibility determination in accordance with
	507	+	240
	508	+	Subsection (3) or request additional information and schedule an additional
	509	+	241
	510	+	commission meeting to be held within 30 days of the meeting and in
	511	+	242
	512	+	accordance with this Subsection (2)(d) to discuss the additional information
	513	+	243
	514	+	and render the commission's eligibility determination.
	515	+	244
	516	+	(e) The commission may not address the commission's application or analysis of or
	517	+	245
	518	+	determination under this part regarding the eligibility of a specific student in a public
	519	+	246
	520	+	meeting or public communication.
	521	+	247
	522	+	(3)(a) In making an eligibility determination, the commission, after considering whether
	523	+	248
	524	+	the student's assertion of a gender identity is consistent with the statutory definition
	525	+	249
	526	+	of gender identity as that term is defined in Section 34A-5-102, including the
	527	+	250
	528	+	implications for the student's mental health of participating in the gender-designated
	529	+	251
	530	+	interscholastic activity, shall:
	531	+	252
	532	+	(i) make a determination based on a preponderance of the evidence regarding
	533	+	253
	534	+	whether, when measured against the relevant baseline range described in
	535	+	254
	536	+	Subsection 53G-6-1003(8), granting the student's eligibility would:
	537	+	255
	538	+	(A) present a substantial safety risk to the student or others that is significantly
	539	+	256
	540	+	greater than the inherent risks of the given activity; or
	541	+	257
	542	+	(B) likely give the student a material competitive advantage, as the commission
	543	+	258
	544	+	defines, when compared to students of the same age competing in the relevant
	545	+	259
	546	+	gender-designated activity, including consideration of the student's previous
	547	+	260
	548	+	history of participation in gender-designated interscholastic activities; and
	549	+	- 8 - 03-07 22:25 H.B. 424
	550	+	261
	551	+	(ii) record the commission's decision and rationale in writing and provide the written
	552	+	262
	553	+	decision to the athletic commission within 30 days after the day on which the
	554	+	263
	555	+	commission renders an eligibility decision under this Subsection (3)(a) in a
	556	+	264
	557	+	meeting described in Subsection (2)(b).
	558	+	265
	559	+	(b) Upon receipt of the commission's determination and rationale under Subsection
	560	+	266
	561	+	(3)(a), the athletic commission shall notify the student and the relevant school or
	562	+	267
	563	+	LEA of the commission's determination and rationale.
	564	+	268
	565	+	(c) A school or LEA shall comply with the commission's determination under this
	566	+	269
	567	+	Subsection (3).
	568	+	270
	569	+	(d) An eligibility determination of the commission only applies for the relevant school
	570	+	271
	571	+	year.
	572	+	272
	573	+	(4)(a) Notwithstanding any other provision of law and except as provided in Subsections
	574	+	273
	575	+	(3)(b) and (4)(b), the commission may not disclose:
	576	+	274
	577	+	(i) the name of a student whose eligibility the commission will consider, is
	578	+	275
	579	+	considering, or has considered; or
	580	+	276
	581	+	(ii) the commission's determination regarding a student's eligibility.
	582	+	277
	583	+	(b) The commission shall disclose the commission's determination of a student's
	584	+	278
	585	+	eligibility for a given gender-designated interscholastic activity to the relevant
	586	+	279
	587	+	athletic association, only for the purpose of confirming whether the student is eligible
	588	+	280
	589	+	for the interscholastic activity.
	590	+	281
	591	+	(c)(i) Notwithstanding any other provision of law, an athletic association may not
	592	+	282
	593	+	disclose the information described in Subsections (4)(a)(i) and (ii).
	594	+	283
	595	+	(ii) Nothing in this Subsection (4) prohibits an athletic association from affirming
	596	+	284
	597	+	that a student is eligible if the eligibility of a student is questioned.
	598	+	285
	599	+	Section 4. Section 53G-7-1102 is amended to read:
	600	+	286
	601	+	53G-7-1102 . Public schools prohibited from membership.
	602	+	287
	603	+	(1) A public school may not be a member of or pay dues to an association that:
	604	+	288
	605	+	(a) is not in compliance with:
	606	+	289
	607	+	(i) this part;
	608	+	290
	609	+	(ii) Title 52, Chapter 4, Open and Public Meetings Act;
	610	+	291
	611	+	(iii) Title 63G, Chapter 2, Government Records Access and Management Act; and
	612	+	292
	613	+	(iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
	614	+	293
	615	+	(b) does not collect each student's unamended birth certificate , as that term is defined in
	616	+	294
	617	+	Section 53G-6-1001, or subject to Subsection (3), equivalent documentation, as
	618	+	- 9 - H.B. 424 03-07 22:25
	619	+	295
	620	+	described in Subsection (2)(a), to determine eligibility as a condition of the
	621	+	296
	622	+	association's registration process for an athletic team, event, or category;[ or]
	623	+	297
	624	+	(c) does not require a student to provide the student's date of birth and sex as a condition
	625	+	298
	626	+	of the registration process for an athletic team, event, or category Ŝ→ [[].[];
	627	+	298a
	628	+	or]
	629	+	299
	630	+	[(d) does not provide administrative staff support to the School Activity Eligibility ] ←Ŝ
	631	+	300
	632	+	Ŝ→ [Commission in accordance with Section 53G-6-1003.] ←Ŝ
	633	+	301
	634	+	(2)(a) For a student who is not a United States citizen and who is unable to provide [a] an
	635	+	302
	636	+	unamended birth certificate, as that term is defined in Section 53G-6-1001, the
	637	+	303
	638	+	association may collect the student's:
	639	+	304
	640	+	(i) state-issued identification document, including a driver's license or passport; or
	641	+	305
	642	+	(ii) federally recognized identification document, including a document that the
	643	+	306
	644	+	Department of Homeland Security issues.
	645	+	307
	646	+	(b) If a student who is not a United States citizen is unable to provide a document under
	647	+	308
	648	+	Subsection (2)(a), the association may collect other reliable proof of a student's date
	649	+	309
	650	+	of birth and sex, including:
	651	+	310
	652	+	(i) an affidavit from the student's parent or legal guardian attesting:
	653	+	311
	654	+	(A) to the student's date of birth and sex; and
	655	+	312
	656	+	(B) that the parent or legal guardian is unable to obtain a document described in
	657	+	313
	658	+	Subsection (2)(a); and
	659	+	314
	660	+	(ii) one of the following:
	661	+	315
	662	+	(A) a religious, hospital, or physician certificate;
	663	+	316
	664	+	(B) verified school records;
	665	+	317
	666	+	(C) verified immunization records; or
	667	+	318
	668	+	(D) documentation from a social service provider.
	669	+	319
	670	+	(3)(a) Subsection (1)(b) does not apply to an association for a student who is a homeless
	671	+	320
	672	+	child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42
	673	+	321
	674	+	U.S.C. Sec. 11431 et seq.
	675	+	322
	676	+	(b) For a student who is a homeless child or youth, including an unaccompanied
	677	+	323
	678	+	homeless child or youth, an association may collect:
	679	+	324
	680	+	(i) an affidavit from the student's parent or guardian, or the student if the student is an
	681	+	325
	682	+	unaccompanied homeless child or youth, indicating that the student does not meet
	683	+	326
	684	+	the necessary requirements to obtain a document described in Subsection (2)(a);
	685	+	327
337	686		and
338		-	133kk
339		-	(ii) if a student does not obtain the eligibility approval of the commission under
340		-	133ll
341		-	Subsection (2), the student may not participate in a gender-designated
342		-	133mm
343		-	interscholastic activity that does not correspond with the sex designation on the
344		-	133nn
345		-	student's unamended birth certificate.
346		-	133oo
347		-	(b) A student [who has undergone or is undergoing a gender transition shall obtain the
348		-	133pp
349		-	eligibility approval of the commission under Subsection (2) to] may only participate
350		-	133qq
351		-	in a gender-designated interscholastic activity that [corresponds with the student's
352		-	133rr
353		-	gender identity] does not correspond with the student's sex, as defined in Section
354		-	133ss
355		-	68-3-12.5, if the student obtains the eligibility approval of the commission under
356		-	133tt
357		-	Subsection (2).
358		-	133uu
359		-	(c) Nothing in this [subsection] part prohibits a student from participating in a
360		-	133vv
361		-	gender-designated interscholastic activity in accordance with 34 C.F.R. Sec.
362		-	133ww
363		-	106.41(b).
364		-	133xx
365		-	(2)(a) When a student registers with an athletic association to participate in a
366		-	133yy
367		-	gender-designated interscholastic activity:
368		-	133zz
369		-	(i) a student who has undergone or is undergoing a gender transition shall notify the
370		-	133aaa
371		-	athletic association of the student's transition and the need for the commission's
372		-	133bbb
373		-	eligibility approval as described in Subsection (1)(b);
374		-	133ccc
375		-	(ii) the athletic association shall notify the commission of:
376		-	133ddd
377		-	(A) a student for whom an eligibility determination of the commission is required
378		-	133eee
379		-	due to the sex designation on the student's unamended birth certificate not
380		-	133fff
381		-	corresponding with the gender designation of the gender-designated
382		-	133ggg
383		-	interscholastic activity in which the student seeks to participate or the student's
384		-	133hhh
385		-	notice of a gender transition under Subsection (1)(a)(ii); and
386		-	133iii
387		-	(B) the association's ad hoc appointment to the commission described in
388		-	133jjj
389		-	Subsection 53G-6-1003(2)(a)(iv); and
390		-	133kkk
391		-	(iii) the athletic association shall notify the student described in this Subsection (2)(a)
392		-	133lll
393		-	regarding the process for determining the student's eligibility for the activity under
394		-	133mmm
395		-	this section.
396		-	133nnn
397		-	(b) The commission shall:
398		-	133ooo
399		-	(i)(A) schedule at least three non-public meetings throughout the school year to
400		-	133ppp
401		-	consider any student eligibility notifications described in Subsection (2)(a) the
402		-	133qqq
403		-	commission has received at least 14 days before the date of each meeting; and
404		-	- 6 - Enrolled Copy H.B. 424
405		-	133rrr
406		-	(B) give notice of each scheduled meeting and the associated 14-day deadline to
407		-	133sss
408		-	the relevant athletic association; and
409		-	133ttt
410		-	[(i)] (ii)(A) if the commission receives a notification described in Subsection (2)(a)
411		-	133uuu
412		-	after the 14-day deadline described in Subsection (2)(b)(i), schedule [a] an ad
413		-	133vvv
414		-	hoc non-public meeting to consider [a] the given student's eligibility[ to be held
415		-	133www
416		-	within 30 days after the day on which the commission receives the notification
417		-	133xxx
418		-	described in Subsection (2)(a)] , occurring within 60 days after the day on
419		-	133yyy
420		-	which the commission receives the notification; and
421		-	133zzz
422		-	[(ii)] (B) [notify] give notice of the ad hoc meeting to the relevant athletic
423		-	133aaaa
424		-	association and the [student's parents or legal guardians of the scheduled
425		-	133bbbb
426		-	meeting] parents of each student seeking an eligibility determination.
427		-	133cccc
428		-	(c) Before the meeting described in Subsection (2)(b):
429		-	133dddd
430		-	(i) the student for whom the commission has scheduled the meeting or the student's
431		-	133eeee
432		-	parent or guardian is not required but may submit to the commission any
433		-	133ffff
434		-	information the student wishes to disclose to the commission that may be relevant
435		-	133gggg
436		-	to the commission's eligibility determination, including information regarding:
437		-	133hhhh
438		-	(A) the gender-designated interscholastic activities for which the student seeks
439		-	133iiii
440		-	eligibility;
441		-	133jjjj
442		-	(B) the gender-designated interscholastic activities in which the student has
443		-	133kkkk
444		-	previously participated; and
445		-	133llll
446		-	(C) the student's physical characteristics or medical treatments that support the
447		-	133mmmm
448		-	student's eligibility for the specific gender-designated interscholastic activity;
449		-	133nnnn
450		-	(ii) the commission may request additional evidence from the student that is:
451		-	133oooo
452		-	(A) limited to the extent possible to protect the student's privacy; and
453		-	133pppp
454		-	(B) only directly relevant to the commission's eligibility determination; and
455		-	133qqqq
456		-	(iii) the commission may offer the student a voucher to cover the cost of a diagnostic
457		-	133rrrr
458		-	assessment if the commission makes a request for medical information under
459		-	133ssss
460		-	Subsection (2)(c)(ii) for which the student's insurance does not provide coverage
461		-	133tttt
462		-	or reimbursement for the diagnostic that:
463		-	133uuuu
464		-	(A) would provide the requested information; and
465		-	133vvvv
466		-	(B) is not free or otherwise readily available to the student.
467		-	133wwww
468		-	(d) During the meeting described in Subsection (2)(b):
469		-	133xxxx
470		-	(i) only the following individuals may be present or participate electronically:
471		-	133yyyy
472		-	(A) the student for whom the commission is meeting to make an eligibility
473		-	- 7 - H.B. 424 Enrolled Copy
474		-	133zzzz
475		-	determination;
476		-	133aaaaa
477		-	(B) the student's parents or guardians;
478		-	133bbbbb
479		-	(C) the members and necessary staff of the commission; and
480		-	133ccccc
481		-	(D) any medical professionals or other witnesses the student chooses to include to
482		-	133ddddd
483		-	support the student's eligibility;
484		-	133eeeee
485		-	(ii) attendees may participate in person or electronically; and
486		-	133fffff
487		-	(iii) the commission shall:
488		-	133ggggg
489		-	(A) hear the information that supports the student's eligibility;
490		-	133hhhhh
491		-	(B) deliberate the facts relevant to the student's physical characteristics and
492		-	133iiiii
493		-	eligibility in camera or otherwise after temporarily excusing from the meeting
494		-	133jjjjj
495		-	the student, the student's parents or legal guardians, and any medical
496		-	133kkkkk
497		-	professionals or other witnesses whom the student includes; and
498		-	133lllll
499		-	(C) render the commission's eligibility determination in accordance with
500		-	133mmmmm
501		-	Subsection (3) or request additional information and schedule an additional
502		-	133nnnnn
503		-	commission meeting to be held within 30 days of the meeting and in
504		-	133ooooo
505		-	accordance with this Subsection (2)(d) to discuss the additional information
506		-	133ppppp
507		-	and render the commission's eligibility determination.
508		-	133qqqqq
509		-	(e) The commission may not address the commission's application or analysis of or
510		-	133rrrrr
511		-	determination under this part regarding the eligibility of a specific student in a public
512		-	133sssss
513		-	meeting or public communication.
514		-	133ttttt
515		-	(3)(a) In making an eligibility determination, the commission, after considering whether
516		-	133uuuuu
517		-	the student's assertion of a gender identity is consistent with the statutory definition
518		-	133vvvvv
519		-	of gender identity as that term is defined in Section 34A-5-102, including the
520		-	133wwwww
521		-	implications for the student's mental health of participating in the gender-designated
522		-	133xxxxx
523		-	interscholastic activity, shall:
524		-	133yyyyy
525		-	(i) make a determination based on a preponderance of the evidence regarding
526		-	133zzzzz
527		-	whether, when measured against the relevant baseline range described in
528		-	133aaaaaa
529		-	Subsection 53G-6-1003(8), granting the student's eligibility would:
530		-	133bbbbbb
531		-	(A) present a substantial safety risk to the student or others that is significantly
532		-	133cccccc
533		-	greater than the inherent risks of the given activity; or
534		-	133dddddd
535		-	(B) likely give the student a material competitive advantage, as the commission
536		-	133eeeeee
537		-	defines, when compared to students of the same age competing in the relevant
538		-	133ffffff
539		-	gender-designated activity, including consideration of the student's previous
540		-	133gggggg
541		-	history of participation in gender-designated interscholastic activities; and
542		-	- 8 - Enrolled Copy H.B. 424
543		-	133hhhhhh
544		-	(ii) record the commission's decision and rationale in writing and provide the written
545		-	133iiiiii
546		-	decision to the athletic commission within 30 days after the day on which the
547		-	133jjjjjj
548		-	commission renders an eligibility decision under this Subsection (3)(a) in a
549		-	133kkkkkk
550		-	meeting described in Subsection (2)(b).
551		-	133llllll
552		-	(b) Upon receipt of the commission's determination and rationale under Subsection (3)(a),
553		-	133mmmmmm
554		-	the athletic commission shall notify the student and the relevant school or LEA of the
555		-	133nnnnnn
556		-	commission's determination and rationale.
557		-	133oooooo
558		-	(c) A school or LEA shall comply with the commission's determination under this
559		-	133pppppp
560		-	Subsection (3).
561		-	133qqqqqq
562		-	(d) An eligibility determination of the commission only applies for the relevant school
563		-	133rrrrrr
564		-	year.
565		-	133ssssss
566		-	(4)(a) Notwithstanding any other provision of law and except as provided in Subsections
567		-	133tttttt
568		-	(3)(b) and (4)(b), the commission may not disclose:
569		-	133uuuuuu
570		-	(i) the name of a student whose eligibility the commission will consider, is
571		-	133vvvvvv
572		-	considering, or has considered; or
573		-	133wwwwww
574		-	(ii) the commission's determination regarding a student's eligibility.
575		-	133xxxxxx
576		-	(b) The commission shall disclose the commission's determination of a student's
577		-	133yyyyyy
578		-	eligibility for a given gender-designated interscholastic activity to the relevant
579		-	133zzzzzz
580		-	athletic association, only for the purpose of confirming whether the student is eligible
581		-	133aaaaaaa
582		-	for the interscholastic activity.
583		-	133bbbbbbb
584		-	(c)(i) Notwithstanding any other provision of law, an athletic association may not
585		-	133ccccccc
586		-	disclose the information described in Subsections (4)(a)(i) and (ii).
587		-	133ddddddd
588		-	(ii) Nothing in this Subsection (4) prohibits an athletic association from affirming
589		-	133eeeeeee
590		-	that a student is eligible if the eligibility of a student is questioned.
591		-	133fffffff
592		-	Section 4. Section 53G-7-1102 is amended to read:
593		-	133ggggggg
594		-	53G-7-1102 . Public schools prohibited from membership.
595		-	133hhhhhhh
596		-	(1) A public school may not be a member of or pay dues to an association that:
597		-	133iiiiiii
598		-	(a) is not in compliance with:
599		-	133jjjjjjj
600		-	(i) this part;
601		-	133kkkkkkk
602		-	(ii) Title 52, Chapter 4, Open and Public Meetings Act;
603		-	133lllllll
604		-	(iii) Title 63G, Chapter 2, Government Records Access and Management Act; and
605		-	133mmmmmmm
606		-	(iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
607		-	133nnnnnnn
608		-	(b) does not collect each student's unamended birth certificate[ ], as that term is defined
609		-	133ooooooo
610		-	in Section 53G-6-1001, or subject to Subsection (3), equivalent documentation, as
611		-	- 9 - H.B. 424 Enrolled Copy
612		-	133ppppppp
613		-	described in Subsection (2)(a), to determine eligibility as a condition of the
614		-	133qqqqqqq
615		-	association's registration process for an athletic team, event, or category; or
616		-	133rrrrrrr
617		-	(c) does not require a student to provide the student's date of birth and sex as a condition
618		-	133sssssss
619		-	of the registration process for an athletic team, event, or category.
620		-	133ttttttt
621		-	(2)(a) For a student who is not a United States citizen and who is unable to provide [a] an
622		-	133uuuuuuu
623		-	unamended birth certificate, as that term is defined in Section 53G-6-1001, the
624		-	133vvvvvvv
625		-	association may collect the student's:
626		-	133wwwwwww
627		-	(i) state-issued identification document, including a driver's license or passport; or
628		-	133xxxxxxx
629		-	(ii) federally recognized identification document, including a document that the
630		-	133yyyyyyy
631		-	Department of Homeland Security issues.
632		-	133zzzzzzz
633		-	(b) If a student who is not a United States citizen is unable to provide a document under
634		-	133aaaaaaaa
635		-	Subsection (2)(a), the association may collect other reliable proof of a student's date
636		-	133bbbbbbbb
637		-	of birth and sex, including:
638		-	133cccccccc
639		-	(i) an affidavit from the student's parent or legal guardian attesting:
640		-	133dddddddd
641		-	(A) to the student's date of birth and sex; and
642		-	133eeeeeeee
643		-	(B) that the parent or legal guardian is unable to obtain a document described in
644		-	133ffffffff
645		-	Subsection (2)(a); and
646		-	133gggggggg
647		-	(ii) one of the following:
648		-	133hhhhhhhh
649		-	(A) a religious, hospital, or physician certificate;
650		-	133iiiiiiii
651		-	(B) verified school records;
652		-	133jjjjjjjj
653		-	(C) verified immunization records; or
654		-	133kkkkkkkk
655		-	(D) documentation from a social service provider.
656		-	133llllllll
657		-	(3)(a) Subsection (1)(b) does not apply to an association for a student who is a homeless
658		-	133mmmmmmmm
659		-	child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42
660		-	133nnnnnnnn
661		-	U.S.C. Sec. 11431 et seq.
662		-	133oooooooo
663		-	(b) For a student who is a homeless child or youth, including an unaccompanied
664		-	133pppppppp
665		-	homeless child or youth, an association may collect:
666		-	133qqqqqqqq
667		-	(i) an affidavit from the student's parent or guardian, or the student if the student is an
668		-	133rrrrrrrr
669		-	unaccompanied homeless child or youth, indicating that the student does not meet
670		-	133ssssssss
671		-	the necessary requirements to obtain a document described in Subsection (2)(a);
672		-	133tttttttt
673		-	and
674		-	133uuuuuuuu
	687	+	- 10 - 03-07 22:25 H.B. 424
	688	+	328
675	689		(ii) a document described in Subsection (2)(b)(ii).
676		-	~~133vvvvvvvv~~
	690	+	329
677	691		(4) Nothing in this section limits or impairs an LEA's requirement to verify a student's
678		-	~~133wwwwwwww~~
	692	+	330
679	693		initial review of eligibility to participate in an athletic team, event, or category under
680		-	- 10 - Enrolled Copy H.B. 424
681		-	133xxxxxxxx
	694	+	331
682	695		applicable state or federal law or state board rule, including the student's:
683		-	~~133yyyyyyyy~~
	696	+	332
684	697		(a) residency status;
685		-	~~133zzzzzzzz~~
	698	+	333
686	699		(b) age;
687		-	~~133aaaaaaaaa~~
	700	+	334
688	701		(c) sex, verified by the student's unamended birth certificate, as that term is defined in
689		-	~~133bbbbbbbbb~~
	702	+	335
690	703		Section 53G-6-1001;
691		-	~~133ccccccccc~~
	704	+	336
692	705		(d) academic requirements; or
693		-	~~133ddddddddd~~
	706	+	337
694	707		(e) school enrollment capacity.
695		-	~~133eeeeeeeee~~
	708	+	338
696	709		(5) Unless otherwise specified, an association's compliance with or an association employee
697		-	~~133fffffffff~~
	710	+	339
698	711		or officer's compliance with the provisions described in Subsection (1) does not alter:
699		-	~~133ggggggggg~~
	712	+	340
700	713		(a) the association's public or private status; or
701		-	~~133hhhhhhhhh~~
	714	+	341
702	715		(b) the public or private employment status of the employee or officer.
703		-	~~133iiiiiiiii~~
	716	+	342
704	717		Section 5. Effective Date.
705		-	~~133jjjjjjjjj~~
	718	+	343
706	719		This bill takes effect on May 7, 2025.
707	720		- 11 -