S.F. 2342 Section 1. NEW SECTION . 261I.1 Definitions. 1 For the purposes of this chapter: 2 1. “Educational institution” means any of the following: 3 a. A nonpublic school accredited pursuant to section 256.11. 4 b. A public school district. 5 c. An institution governed by the state board of regents 6 pursuant to chapter 262. 7 d. A community college as defined in section 260C.2. 8 e. A charter school as defined in section 256E.2 or section 9 256F.2. 10 2. “Organization” means the same as defined in section 11 280.13. 12 3. “Sex” means a person’s biological sex as either female or 13 male. The sex listed on a student’s official birth certificate 14 or certificate issued upon adoption may be relied upon if the 15 certificate was issued at or near the time of the student’s 16 birth. 17 Sec. 2. NEW SECTION . 261I.2 Extracurricular athletics —— 18 eligibility —— cause of action. 19 1. a. An interscholastic athletic team, sport, or athletic 20 event that is sponsored or sanctioned by an educational 21 institution or organization must be designated as one of the 22 following, based on the sex at birth of the participating 23 students: 24 (1) Females, women, or girls. 25 (2) Males, men, or boys. 26 (3) Coeducational or mixed. 27 b. Only female students, based on their sex, may participate 28 in any team, sport, or athletic event designated as being for 29 females, women, or girls. 30 c. Protections pursuant to chapter 669 or chapter 670 31 shall not apply to an educational institution or an employee 32 of an educational institution that does not comply with the 33 requirements of this section. 34 2. a. If a student suffers direct or indirect harm as 35 -1- LSB 6218SV (1) 89 dg/jh 1/ 6

S.F. 2342 a result of a violation of subsection 1, that student has a 1 private cause of action for injunctive, mandamus, damages, and 2 declaratory relief against the entity that violated subsection 3 1. 4 b. If a student is subjected to retaliation or other adverse 5 action by an educational institution or organization as a 6 result of reporting a violation of subsection 1 to an employee 7 or representative of the educational institution, organization, 8 or to a state or federal governmental entity having oversight 9 authority, that student has a private cause of action for 10 injunctive, mandamus, damages, and declaratory relief, against 11 the educational institution or organization. In addition, 12 a governmental entity shall not investigate a complaint or 13 take any adverse action against an educational institution or 14 organization, or any employee of a board of directors, the 15 authorities in charge of an accredited nonpublic school, the 16 authorities in charge of a community college, or the board of 17 regents for compliance with subsection 1. 18 3. If an educational institution or organization suffers 19 any direct or indirect harm as a result of a violation of 20 subsection 1, that educational institution or organization has 21 a private cause of action for injunctive, mandamus, damages, 22 and declaratory relief against the entity that violated 23 subsection 1. 24 4. a. A governmental entity, educational institution, or 25 organization shall not be liable to any student for complying 26 with subsection 1. 27 b. A civil action under subsection 2 or 3 must be initiated 28 within two years from the date the alleged harm occurred. 29 c. Any party prevailing on a claim brought under subsection 30 2 or 3 is entitled to reasonable attorney fees and costs. 31 5. a. For any lawsuit brought or any complaint filed 32 against an educational institution or organization, or an 33 employee, a member of the board of directors of a school 34 district, a member of the authorities in charge of a nonpublic 35 -2- LSB 6218SV (1) 89 dg/jh 2/ 6

S.F. 2342 school, a member of the board of directors of a merged area, 1 or a member of the board of regents as a result of compliance 2 with subsection 1, the attorney general shall provide legal 3 representation at no cost to that entity or individual. 4 b. In addition to the expenses of representation, the 5 state shall assume financial responsibility for any other 6 expense related to the lawsuit or complaint and incurred by 7 an educational institution or organization, or an employee, a 8 member of the board of directors of a school district, a member 9 of the authorities in charge of a nonpublic school, a member 10 of the board of directors of a merged area, or a member of the 11 board of regents including any award for attorney fees and 12 costs for which that entity or individual would be otherwise 13 responsible. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to student eligibility requirements in 18 school district, accredited nonpublic school, charter school, 19 community college, and regent institution athletics. 20 The bill defines “educational institution” as a nonpublic 21 school accredited by the state board of education; public 22 school district; an institution governed by the state board of 23 regents; a community college; or a charter school. 24 The bill defines “organization” as a corporation, 25 association, or organization which has as one of its primary 26 purposes the sponsoring or administration of extracurricular 27 interscholastic athletic contests or competitions, but does not 28 include an agency of this state, a public or private school or 29 school board, or an athletic conference or other association 30 whose interscholastic contests or competitions do not include 31 more than 24 schools. 32 The bill defines “sex” as a person’s biological sex as either 33 female or male. The bill provides that the sex listed on a 34 student’s official birth certificate or certificate issued upon 35 -3- LSB 6218SV (1) 89 dg/jh 3/ 6

S.F. 2342 adoption may be relied upon if the certificate was issued at or 1 near the time of the student’s birth. 2 The bill requires an interscholastic athletic team, sport, 3 or athletic event that is sponsored or sanctioned by an 4 educational institution or organization must be designated as 5 females, women, or girls; males, men, or boys; or coeducational 6 or mixed based on the sex at birth of the participating 7 students. The bill also requires that only female students, 8 based on their sex, may participate in any team, sport, or 9 athletic event designated as being for females, women, or 10 girls. 11 The bill provides that the protections of Code chapter 670 12 (tort liability of governmental subdivisions) or chapter 669 13 (state tort claims) do not apply to an educational institution 14 or an employee of an educational institution that does not 15 comply with the requirements of the bill. 16 The bill allows a student who suffers direct or indirect harm 17 as a result of a violation of the bill’s requirements to have 18 a private cause of action for injunctive, mandamus, damages, 19 and declaratory relief against the educational institution or 20 organization. 21 The bill also provides that a student who was subjected 22 to retaliation or other adverse action by an educational 23 institution or organization, as a result of reporting a 24 violation of the bill’s requirements to an employee or 25 representative of the educational institution, organization, 26 or to a state or federal governmental entity having oversight 27 authority, has a private cause of action for injunctive, 28 mandamus, damages, and declaratory relief against the 29 educational institution or organization. 30 The bill prohibits any governmental entity from 31 investigating a complaint or taking any adverse action against 32 an educational institution or organization, or any employee 33 of a board of directors, the authorities in charge of an 34 accredited nonpublic school, the board of directors of a merged 35 -4- LSB 6218SV (1) 89 dg/jh 4/ 6

S.F. 2342 area, or the board of regents for compliance with the bill’s 1 requirements. 2 The bill allows an educational institution or organization 3 that suffers any direct or indirect harm as a result of 4 a violation of the bill’s requirements to have a private 5 cause of action for injunctive, mandamus, damages, and 6 declaratory relief against the entity that violated the bill’s 7 requirements. 8 The bill provides that a governmental entity, educational 9 institution, or organization is immune from liability to any 10 student for its compliance with the bill’s requirements. 11 The bill requires a civil action based on a violation of the 12 bill’s requirements or retaliation for reporting a violation of 13 the bill’s requirements to be initiated within two years from 14 the date the alleged harm occurred. 15 The bill entitles any party prevailing on a claim brought 16 based on a violation of the bill’s requirements or retaliation 17 for reporting a violation of the bill’s requirements to 18 reasonable attorney fees and costs. 19 The bill requires the attorney general to provide legal 20 representation at no cost to an educational institution or 21 organization, or an employee, board of directors member, a 22 member of the authorities in charge of a nonpublic school, 23 a member of the board of directors of a merged area, or a 24 member of the board of regents for any lawsuit brought or any 25 complaint filed against that entity as a result of compliance 26 with the bill’s requirements. The bill also requires that, in 27 addition to the expenses of representation, the state assume 28 financial responsibility for any other expense related to the 29 lawsuit or complaint and incurred by an educational institution 30 or organization, or an employee, board of directors member, 31 a member of the authorities in charge of a nonpublic school, 32 a member of the board of directors of a merged area, or a 33 member of the board of regents including any award for attorney 34 fees and costs for which that entity or individual would be 35 -5- LSB 6218SV (1) 89 dg/jh 5/ 6