Enrolled Copy H.B. 424
1
School Activity Eligibility Commission Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
Senate Sponsor: Brady Brammer
2
3
LONG TITLE
4
General Description:
5
This bill amends provisions regarding the School Activity Eligibility Commission
6
(commission).
7
Highlighted Provisions:
8
This bill:
9
▸ broadens the scope of available appointees to the commission;
10
▸ modifies quorum requirements for the commission;
11
▸ modifies a requirement to establish certain baseline ranges;
12
▸ provides that an eligibility determination of the commission is for a given school year;
13
▸ provides a standard of proof for eligibility determinations of the commission;
14
▸ prohibits public schools from participating with an athletic association that does not
15
provide administrative staff support to the commission;
16
▸ provides for the scheduling of commission meetings throughout the school year with
17
certain submission deadlines and ad hoc meetings for students who do not meet certain
18
deadlines; and
19
▸ makes technical and conforming changes.
20
Money Appropriated in this Bill:
21
None
22
Other Special Clauses:
23
None
24
Utah Code Sections Affected:
25
AMENDS:
26
53G-6-1001, as last amended by Laws of Utah 2023, Chapter 340
27
53G-6-1003, as last amended by Laws of Utah 2024, Chapter 524 H.B. 424 Enrolled Copy
28
53G-6-1004, as last amended by Laws of Utah 2024, Chapter 524
29
53G-7-1102, as last amended by Laws of Utah 2024, Chapter 46
30
31
Be it enacted by the Legislature of the state of Utah:
32
Section 1. Section 53G-6-1001 is amended to read:
33
53G-6-1001 . Definitions.
34
As used in this part:
35
(1) "Athletic association" means an association, as that term is defined in Section
36
53G-7-1101.
37
(2) "Birth certificate" means an official record of an individual's date of birth, place of birth,
38
sex, and parentage, including a supplementary certificate of birth or birth certificate
39
amendment and amendment history as provided in Sections 26B-8-110 and 26B-8-111.
40
(3) "Commission" means the School Activity Eligibility Commission created in Section
41
53G-6-1003.
42
(4) "Does not correspond with the sex designation" means that a student's sex designation
43
for an interscholastic activity in which a student seeks participation does not correspond
44
with the sex designation on the student's birth certificate or an amendment, including the
45
amendment history, to the student's birth certificate that the Division of Vital Records
46
and Statistics provides.
47
(5) "Female-designated" means that an interscholastic activity is designated specifically for
48
female students.
49
(6) "Gender-designated" means that an interscholastic activity or facility is designated
50
specifically for female or male students.
51
(7) "Gender identity" means the same as that term is defined in Section 34A-5-102.
52
(8) "Interscholastic activity" means an activity in which a student represents the student's
53
school in the activity in competition against another school.
54
(9) "Male-designated" means that an interscholastic activity is designated specifically for
55
male students.
56
(10) "Student" means a student who is enrolled in a public school that participates in
57
interscholastic activities.
58
(11) "Unamended birth certificate" means a birth certificate:
59
(a) with no amendment history; or
60
(b) with an amendment history that:
61
(i) does not include gender-related amendments; or
- 2 - Enrolled Copy H.B. 424
62
(ii) includes gender-related amendments that only:
63
(A) correct an error or omission resulting from a scrivener's error under
64
Subsection 26B-8-107(2); or
65
(B) correct a misidentification of birth sex for an intersex individual under
66
Subsection 26B-8-107(2).
67
Section 2. Section 53G-6-1003 is amended to read:
68
53G-6-1003 . School Activity Eligibility Commission -- Baseline range.
69
(1) There is created the School Activity Eligibility Commission.
70
(2)(a) The commission shall consist of the following members:
71
(i) the following two members whom the president of the Senate appoints:
72
(A) a mental health professional; and
73
(B) a statistician with expertise in the analysis of medical data;
74
(ii) the following two members whom the speaker of the House of Representatives
75
appoints:
76
(A) a [board-certified ]physician with expertise in gender identity healthcare,
77
including an endocrinologist, a family medicine physician, or a pediatrician;
78
and
79
(B) a sports physiologist, an exercise physiologist, a sports medicine physician, a
80
pediatrician with experience in youth sports, or an orthopedist or orthopedic
81
surgeon;
82
(iii) the following two members whom the governor appoints:
83
(A) a representative of an athletic association; and
84
(B) an athletic trainer who serves student athletes on the collegiate level; and
85
(iv) one ad hoc member, serving on a case-by-case basis, who is:
86
(A) appointed by the athletic association in which the relevant student's school
87
competes; and
88
(B) a certified high school coach or official who coaches or officiates in a separate
89
region or classification from the relevant student's school and in the sport in
90
which the relevant student seeks eligibility.
91
(b) An athletic association may prepare and communicate the association's sport-specific
92
appointments described in Subsection (2)(a)(iv) in preparation for student requests in
93
a given sport.
94
(3)(a) A member of the commission described in Subsections (2)(a)(i) through (iii) shall
95
serve an initial term of one year, subject to reappointment for subsequent terms of
- 3 - H.B. 424 Enrolled Copy
96
two years.
97
(b) If a vacancy occurs in the membership of the commission, the individual responsible
98
for the appointment of the vacant seat as described in Subsection (2) shall fill the
99
vacancy in the same manner as the original appointment.
100
(4)(a)(i) Except as provided in Subsection (4)(a)(ii)[, ] :
101
(A) all members of the commission constitute a quorum of the commission for a
102
meeting to determine the eligibility of a student[.] ; and
103
[(ii)] (B) [All] all members of the commission described in Subsections (2)(a)(i)
104
through (iii) constitute a quorum for any meeting other than the meeting
105
described in Subsection (4)(a)(i).
106
(ii) The commission satisfies the quorum requirements described in Subsection
107
(4)(a)(i) if no more than one of the commission positions described in Subsections
108
(2)(a)(i) through (iii) is vacant.
109
(b) An action of a majority of a quorum constitutes an action of the commission.
110
(5) A majority of the commission members described in Subsections (2)(a)(i) through (iii)
111
shall elect a chair from among the members described in Subsections (2)(a)(i) through
112
(iii) to:
113
(a) schedule meetings of the commission;
114
(b) set the agenda of commission meetings; and
115
(c) facilitate discussion among the commission's members.
116
(6) A commission member:
117
(a) may not receive compensation or benefits for the member's service on the
118
commission; and
119
(b) may receive per diem and reimbursement for travel expenses that the commission
120
member incurs as a commission member at the rates that the Division of Finance
121
establishes under:
122
(i) Sections 63A-3-106 and 63A-3-107; and
123
(ii) rules that the Division of Finance makes under Sections 63A-3-106 and
124
63A-3-107.
125
(7) The [commission may enter into an agreement with an athletic association
128
to]
126
Department of Government Operations shall provide administrative staff support to the
127
commission.
133a
(8)(a) The commission shall, to the extent possible based on the available evidence,
- 4 - Enrolled Copy H.B. 424
133b
establish a baseline range of physical characteristics for students participating in a
133c
specific gender-designated activity at a specific age to provide the context for the
133d
evaluation of an individual student's eligibility for a given gender-designated
133e
interscholastic activity under Section 53G-6-1004.
133f
(b) In creating the baseline ranges described in Subsection (8)(a), the commission shall
133g
include the physical characteristics for the age and gender group in a given
133h
gender-designated interscholastic activity that are relevant to the specific
133i
interscholastic activity.
133j
(c) The physical characteristics described in Subsection (8)(b) may include height,
133k
weight, physical characteristics relevant to the application of the standard described
133l
in Subsection 53G-6-1004(3), or the extent of physical characteristics affected by
133m
puberty, giving consideration to the practicability of considering the physical
133n
characteristic when making an assessment of an individual student's eligibility under
133o
Section 53G-6-1004.
133p
(9) The following records that relate to the application or analysis of or determination under
133q
this part regarding the eligibility of a specific student shall be classified as a protected
133r
record under Title 63G, Chapter 2, Government Records Access and Management Act:
133s
(a) any record of the commission, including any communication between an athletic
133t
association and the commission; and
133u
(b) any record that a school or LEA possesses.
133v
(10) Members of the commission are immune from suit with respect to all acts done and
133w
actions taken in good faith in carrying out the purposes of this part.
133x
(11) The commission has no authority in relation to eligibility questions other than
133y
participation in a gender-designated interscholastic activity under this part.
133z
Section 3. Section 53G-6-1004 is amended to read:
133aa
53G-6-1004 . Eligibility for interscholastic activities.
133bb
(1)(a) Notwithstanding any state board rule or policy of an athletic association, and
133cc
except as provided in Subsections (1)(b) and (c):
133dd
(i) once a student has obtained the eligibility approval of the commission under
133ee
Subsection (2), unless otherwise prohibited by federal law or a policy of an LEA,
133ff
school, or athletic association that governs the relevant interscholastic athletic
133gg
activity, the student [may] is eligible under this part to participate in a
133hh
gender-designated interscholastic activity that does not correspond with the sex
133ii
designation on the student's unamended birth certificate for the given school year;
- 5 - H.B. 424 Enrolled Copy
133jj
and
133kk
(ii) if a student does not obtain the eligibility approval of the commission under
133ll
Subsection (2), the student may not participate in a gender-designated
133mm
interscholastic activity that does not correspond with the sex designation on the
133nn
student's unamended birth certificate.
133oo
(b) A student [who has undergone or is undergoing a gender transition shall obtain the
133pp
eligibility approval of the commission under Subsection (2) to] may only participate
133qq
in a gender-designated interscholastic activity that [corresponds with the student's
133rr
gender identity] does not correspond with the student's sex, as defined in Section
133ss
68-3-12.5, if the student obtains the eligibility approval of the commission under
133tt
Subsection (2).
133uu
(c) Nothing in this [subsection] part prohibits a student from participating in a
133vv
gender-designated interscholastic activity in accordance with 34 C.F.R. Sec.
133ww
106.41(b).
133xx
(2)(a) When a student registers with an athletic association to participate in a
133yy
gender-designated interscholastic activity:
133zz
(i) a student who has undergone or is undergoing a gender transition shall notify the
133aaa
athletic association of the student's transition and the need for the commission's
133bbb
eligibility approval as described in Subsection (1)(b);
133ccc
(ii) the athletic association shall notify the commission of:
133ddd
(A) a student for whom an eligibility determination of the commission is required
133eee
due to the sex designation on the student's unamended birth certificate not
133fff
corresponding with the gender designation of the gender-designated
133ggg
interscholastic activity in which the student seeks to participate or the student's
133hhh
notice of a gender transition under Subsection (1)(a)(ii); and
133iii
(B) the association's ad hoc appointment to the commission described in
133jjj
Subsection 53G-6-1003(2)(a)(iv); and
133kkk
(iii) the athletic association shall notify the student described in this Subsection (2)(a)
133lll
regarding the process for determining the student's eligibility for the activity under
133mmm
this section.
133nnn
(b) The commission shall:
133ooo
(i)(A) schedule at least three non-public meetings throughout the school year to
133ppp
consider any student eligibility notifications described in Subsection (2)(a) the
133qqq
commission has received at least 14 days before the date of each meeting; and
- 6 - Enrolled Copy H.B. 424
133rrr
(B) give notice of each scheduled meeting and the associated 14-day deadline to
133sss
the relevant athletic association; and
133ttt
[(i)] (ii)(A) if the commission receives a notification described in Subsection (2)(a)
133uuu
after the 14-day deadline described in Subsection (2)(b)(i), schedule [a] an ad
133vvv
hoc non-public meeting to consider [a] the given student's eligibility[ to be held
133www
within 30 days after the day on which the commission receives the notification
133xxx
described in Subsection (2)(a)] , occurring within 60 days after the day on
133yyy
which the commission receives the notification; and
133zzz
[(ii)] (B) [notify] give notice of the ad hoc meeting to the relevant athletic
133aaaa
association and the [student's parents or legal guardians of the scheduled
133bbbb
meeting] parents of each student seeking an eligibility determination.
133cccc
(c) Before the meeting described in Subsection (2)(b):
133dddd
(i) the student for whom the commission has scheduled the meeting or the student's
133eeee
parent or guardian is not required but may submit to the commission any
133ffff
information the student wishes to disclose to the commission that may be relevant
133gggg
to the commission's eligibility determination, including information regarding:
133hhhh
(A) the gender-designated interscholastic activities for which the student seeks
133iiii
eligibility;
133jjjj
(B) the gender-designated interscholastic activities in which the student has
133kkkk
previously participated; and
133llll
(C) the student's physical characteristics or medical treatments that support the
133mmmm
student's eligibility for the specific gender-designated interscholastic activity;
133nnnn
(ii) the commission may request additional evidence from the student that is:
133oooo
(A) limited to the extent possible to protect the student's privacy; and
133pppp
(B) only directly relevant to the commission's eligibility determination; and
133qqqq
(iii) the commission may offer the student a voucher to cover the cost of a diagnostic
133rrrr
assessment if the commission makes a request for medical information under
133ssss
Subsection (2)(c)(ii) for which the student's insurance does not provide coverage
133tttt
or reimbursement for the diagnostic that:
133uuuu
(A) would provide the requested information; and
133vvvv
(B) is not free or otherwise readily available to the student.
133wwww
(d) During the meeting described in Subsection (2)(b):
133xxxx
(i) only the following individuals may be present or participate electronically:
133yyyy
(A) the student for whom the commission is meeting to make an eligibility
- 7 - H.B. 424 Enrolled Copy
133zzzz
determination;
133aaaaa
(B) the student's parents or guardians;
133bbbbb
(C) the members and necessary staff of the commission; and
133ccccc
(D) any medical professionals or other witnesses the student chooses to include to
133ddddd
support the student's eligibility;
133eeeee
(ii) attendees may participate in person or electronically; and
133fffff
(iii) the commission shall:
133ggggg
(A) hear the information that supports the student's eligibility;
133hhhhh
(B) deliberate the facts relevant to the student's physical characteristics and
133iiiii
eligibility in camera or otherwise after temporarily excusing from the meeting
133jjjjj
the student, the student's parents or legal guardians, and any medical
133kkkkk
professionals or other witnesses whom the student includes; and
133lllll
(C) render the commission's eligibility determination in accordance with
133mmmmm
Subsection (3) or request additional information and schedule an additional
133nnnnn
commission meeting to be held within 30 days of the meeting and in
133ooooo
accordance with this Subsection (2)(d) to discuss the additional information
133ppppp
and render the commission's eligibility determination.
133qqqqq
(e) The commission may not address the commission's application or analysis of or
133rrrrr
determination under this part regarding the eligibility of a specific student in a public
133sssss
meeting or public communication.
133ttttt
(3)(a) In making an eligibility determination, the commission, after considering whether
133uuuuu
the student's assertion of a gender identity is consistent with the statutory definition
133vvvvv
of gender identity as that term is defined in Section 34A-5-102, including the
133wwwww
implications for the student's mental health of participating in the gender-designated
133xxxxx
interscholastic activity, shall:
133yyyyy
(i) make a determination based on a preponderance of the evidence regarding
133zzzzz
whether, when measured against the relevant baseline range described in
133aaaaaa
Subsection 53G-6-1003(8), granting the student's eligibility would:
133bbbbbb
(A) present a substantial safety risk to the student or others that is significantly
133cccccc
greater than the inherent risks of the given activity; or
133dddddd
(B) likely give the student a material competitive advantage, as the commission
133eeeeee
defines, when compared to students of the same age competing in the relevant
133ffffff
gender-designated activity, including consideration of the student's previous
133gggggg
history of participation in gender-designated interscholastic activities; and
- 8 - Enrolled Copy H.B. 424
133hhhhhh
(ii) record the commission's decision and rationale in writing and provide the written
133iiiiii
decision to the athletic commission within 30 days after the day on which the
133jjjjjj
commission renders an eligibility decision under this Subsection (3)(a) in a
133kkkkkk
meeting described in Subsection (2)(b).
133llllll
(b) Upon receipt of the commission's determination and rationale under Subsection (3)(a),
133mmmmmm
the athletic commission shall notify the student and the relevant school or LEA of the
133nnnnnn
commission's determination and rationale.
133oooooo
(c) A school or LEA shall comply with the commission's determination under this
133pppppp
Subsection (3).
133qqqqqq
(d) An eligibility determination of the commission only applies for the relevant school
133rrrrrr
year.
133ssssss
(4)(a) Notwithstanding any other provision of law and except as provided in Subsections
133tttttt
(3)(b) and (4)(b), the commission may not disclose:
133uuuuuu
(i) the name of a student whose eligibility the commission will consider, is
133vvvvvv
considering, or has considered; or
133wwwwww
(ii) the commission's determination regarding a student's eligibility.
133xxxxxx
(b) The commission shall disclose the commission's determination of a student's
133yyyyyy
eligibility for a given gender-designated interscholastic activity to the relevant
133zzzzzz
athletic association, only for the purpose of confirming whether the student is eligible
133aaaaaaa
for the interscholastic activity.
133bbbbbbb
(c)(i) Notwithstanding any other provision of law, an athletic association may not
133ccccccc
disclose the information described in Subsections (4)(a)(i) and (ii).
133ddddddd
(ii) Nothing in this Subsection (4) prohibits an athletic association from affirming
133eeeeeee
that a student is eligible if the eligibility of a student is questioned.
133fffffff
Section 4. Section 53G-7-1102 is amended to read:
133ggggggg
53G-7-1102 . Public schools prohibited from membership.
133hhhhhhh
(1) A public school may not be a member of or pay dues to an association that:
133iiiiiii
(a) is not in compliance with:
133jjjjjjj
(i) this part;
133kkkkkkk
(ii) Title 52, Chapter 4, Open and Public Meetings Act;
133lllllll
(iii) Title 63G, Chapter 2, Government Records Access and Management Act; and
133mmmmmmm
(iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
133nnnnnnn
(b) does not collect each student's unamended birth certificate[ ], as that term is defined
133ooooooo
in Section 53G-6-1001, or subject to Subsection (3), equivalent documentation, as
- 9 - H.B. 424 Enrolled Copy
133ppppppp
described in Subsection (2)(a), to determine eligibility as a condition of the
133qqqqqqq
association's registration process for an athletic team, event, or category; or
133rrrrrrr
(c) does not require a student to provide the student's date of birth and sex as a condition
133sssssss
of the registration process for an athletic team, event, or category.
133ttttttt
(2)(a) For a student who is not a United States citizen and who is unable to provide [a] an
133uuuuuuu
unamended birth certificate, as that term is defined in Section 53G-6-1001, the
133vvvvvvv
association may collect the student's:
133wwwwwww
(i) state-issued identification document, including a driver's license or passport; or
133xxxxxxx
(ii) federally recognized identification document, including a document that the
133yyyyyyy
Department of Homeland Security issues.
133zzzzzzz
(b) If a student who is not a United States citizen is unable to provide a document under
133aaaaaaaa
Subsection (2)(a), the association may collect other reliable proof of a student's date
133bbbbbbbb
of birth and sex, including:
133cccccccc
(i) an affidavit from the student's parent or legal guardian attesting:
133dddddddd
(A) to the student's date of birth and sex; and
133eeeeeeee
(B) that the parent or legal guardian is unable to obtain a document described in
133ffffffff
Subsection (2)(a); and
133gggggggg
(ii) one of the following:
133hhhhhhhh
(A) a religious, hospital, or physician certificate;
133iiiiiiii
(B) verified school records;
133jjjjjjjj
(C) verified immunization records; or
133kkkkkkkk
(D) documentation from a social service provider.
133llllllll
(3)(a) Subsection (1)(b) does not apply to an association for a student who is a homeless
133mmmmmmmm
child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42
133nnnnnnnn
U.S.C. Sec. 11431 et seq.
133oooooooo
(b) For a student who is a homeless child or youth, including an unaccompanied
133pppppppp
homeless child or youth, an association may collect:
133qqqqqqqq
(i) an affidavit from the student's parent or guardian, or the student if the student is an
133rrrrrrrr
unaccompanied homeless child or youth, indicating that the student does not meet
133ssssssss
the necessary requirements to obtain a document described in Subsection (2)(a);
133tttttttt
and
133uuuuuuuu
(ii) a document described in Subsection (2)(b)(ii).
133vvvvvvvv
(4) Nothing in this section limits or impairs an LEA's requirement to verify a student's
133wwwwwwww
initial review of eligibility to participate in an athletic team, event, or category under
- 10 - Enrolled Copy H.B. 424
133xxxxxxxx
applicable state or federal law or state board rule, including the student's:
133yyyyyyyy
(a) residency status;
133zzzzzzzz
(b) age;
133aaaaaaaaa
(c) sex, verified by the student's unamended birth certificate, as that term is defined in
133bbbbbbbbb
Section 53G-6-1001;
133ccccccccc
(d) academic requirements; or
133ddddddddd
(e) school enrollment capacity.
133eeeeeeeee
(5) Unless otherwise specified, an association's compliance with or an association employee
133fffffffff
or officer's compliance with the provisions described in Subsection (1) does not alter:
133ggggggggg
(a) the association's public or private status; or
133hhhhhhhhh
(b) the public or private employment status of the employee or officer.
133iiiiiiiii
Section 5. Effective Date.
133jjjjjjjjj
This bill takes effect on May 7, 2025.
- 11 -