House
File
2416
H-8042
Amend
House
File
2416
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
NEW
SECTION
.
261I.1
Definitions.
4
For
the
purposes
of
this
chapter:
5
1.
“Educational
institution”
means
any
of
the
following:
6
a.
A
nonpublic
school
accredited
pursuant
to
section
256.11.
7
b.
A
public
school
district.
8
c.
An
institution
governed
by
the
state
board
of
regents
9
pursuant
to
chapter
262.
10
d.
A
community
college
as
defined
in
section
260C.2.
11
e.
Any
institution
of
higher
education
located
in
this
12
state
that
is
a
member
of
the
national
collegiate
athletic
13
association,
national
association
of
intercollegiate
athletics,
14
or
national
junior
college
athletic
association.
15
2.
“Organization”
means
the
same
as
defined
in
section
16
280.13.
17
3.
“Sex”
means
a
person’s
biological
sex
as
either
female
or
18
male.
The
sex
listed
on
a
student’s
official
birth
certificate
19
or
certificate
issued
upon
adoption
may
be
relied
upon
if
the
20
certificate
was
issued
at
or
near
the
time
of
the
student’s
21
birth.
22
Sec.
2.
NEW
SECTION
.
261I.2
Extracurricular
athletics
——
23
eligibility
——
cause
of
action.
24
1.
a.
An
interscholastic
athletic
team,
sport,
or
athletic
25
event
that
is
sponsored
or
sanctioned
by
an
educational
26
institution
or
organization
must
be
designated
as
one
of
the
27
following,
based
on
the
sex
at
birth
of
the
participating
28
students:
29
(1)
Females,
women,
or
girls.
30
(2)
Males,
men,
or
boys.
31
(3)
Coeducational
or
mixed.
32
b.
Only
female
students,
based
on
their
sex,
may
participate
33
in
any
team,
sport,
or
athletic
event
designated
as
being
for
34
females,
women,
or
girls.
35
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#1.
c.
Protections
pursuant
to
chapter
669
or
chapter
670
1
shall
not
apply
to
an
educational
institution
or
an
employee
2
of
an
educational
institution
that
does
not
comply
with
the
3
requirements
of
this
section.
4
2.
a.
If
a
student
suffers
direct
or
indirect
harm
as
5
a
result
of
a
violation
of
subsection
1,
that
student
has
a
6
private
cause
of
action
for
injunctive,
mandamus,
damages,
and
7
declaratory
relief
against
the
entity
that
violated
subsection
8
1.
9
b.
If
a
student
is
subjected
to
retaliation
or
other
adverse
10
action
by
an
educational
institution
or
organization
as
a
11
result
of
reporting
a
violation
of
subsection
1
to
an
employee
12
or
representative
of
the
educational
institution,
organization,
13
or
to
a
state
or
federal
governmental
entity
having
oversight
14
authority,
that
student
has
a
private
cause
of
action
for
15
injunctive,
mandamus,
damages,
and
declaratory
relief,
against
16
the
educational
institution
or
organization.
In
addition,
17
a
governmental
entity
shall
not
investigate
a
complaint
or
18
take
any
adverse
action
against
an
educational
institution
or
19
organization,
or
any
employee
of
a
board
of
directors
of
a
20
school
district,
the
authorities
in
charge
of
an
accredited
21
nonpublic
school
or
nonpublic
institution
of
higher
education,
22
the
board
of
directors
of
a
merged
area,
or
the
board
of
23
regents
for
compliance
with
subsection
1.
24
3.
If
an
educational
institution
or
organization
suffers
25
any
direct
or
indirect
harm
as
a
result
of
a
violation
of
26
subsection
1,
that
educational
institution
or
organization
has
27
a
private
cause
of
action
for
injunctive,
mandamus,
damages,
28
and
declaratory
relief
against
the
entity
that
violated
29
subsection
1.
30
4.
a.
A
governmental
entity,
educational
institution,
or
31
organization
shall
not
be
liable
to
any
student
for
complying
32
with
subsection
1.
33
b.
A
civil
action
under
subsection
2
or
3
must
be
initiated
34
within
two
years
from
the
date
the
alleged
harm
occurred.
35
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c.
Any
party
prevailing
on
a
claim
brought
under
subsection
1
2
or
3
is
entitled
to
reasonable
attorney
fees
and
costs.
2
5.
a.
For
any
lawsuit
brought
or
any
complaint
filed
3
against
an
educational
institution
or
organization,
or
an
4
employee,
a
member
of
the
board
of
directors
of
a
school
5
district,
a
member
of
the
authorities
in
charge
of
a
nonpublic
6
school
or
nonpublic
institution
of
higher
education,
a
member
7
of
the
board
of
directors
of
a
merged
area,
or
a
member
of
the
8
board
of
regents
as
a
result
of
compliance
with
subsection
1,
9
the
attorney
general
shall
provide
legal
representation
at
no
10
cost
to
that
entity
or
individual.
11
b.
In
addition
to
the
expenses
of
representation,
the
12
state
shall
assume
financial
responsibility
for
any
other
13
expense
related
to
the
lawsuit
or
complaint
and
incurred
by
14
an
educational
institution
or
organization,
or
an
employee,
a
15
member
of
the
board
of
directors
of
a
school
district,
a
member
16
of
the
authorities
in
charge
of
a
nonpublic
school
or
nonpublic
17
institution
of
higher
education,
a
member
of
the
board
of
18
directors
of
a
merged
area,
or
a
member
of
the
board
of
regents
19
including
any
award
for
attorney
fees
and
costs
for
which
that
20
entity
or
individual
would
be
otherwise
responsible.
>
21
2.
Title
page,
by
striking
lines
1
through
3
and
inserting
22
<
An
Act
relating
to
student
eligibility
requirements
in
school
23
district,
accredited
nonpublic
school,
regent
institution,
24
community
college,
and
certain
other
institution
of
higher
25
education
athletics
based
on
sex.
>
26
______________________________
WHEELER
of
Sioux
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HF
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dg/jh
3/
3
#2.