SF 2342 (LSB 6218SV (1) 89)

SENATE FILE 2342

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SSB 3146)

A BILL FOR

An Act relating to student eligibility requirements in school district, accredited nonpublic school, charter school, community college, and regent institution athletics based on sex.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  261I.1  Definitions.
   For the purposes of this chapter:
   1.  “Educational institution” means any of the following:
   a.  A nonpublic school accredited pursuant to section 256.11.
   b.  A public school district.
   c.  An institution governed by the state board of regents pursuant to chapter 262.
   d.  A community college as defined in section 260C.2.
   e.  A charter school as defined in section 256E.2 or section 256F.2.
   2.  “Organization” means the same as defined in section 280.13.
   3.  “Sex” means a person’s biological sex as either female or male. The sex listed on a student’s official birth certificate or certificate issued upon adoption may be relied upon if the certificate was issued at or near the time of the student’s birth.
    Sec. 2.  NEW SECTION.  261I.2  Extracurricular athletics —— eligibility —— cause of action.
   1.  a.  An interscholastic athletic team, sport, or athletic event that is sponsored or sanctioned by an educational institution or organization must be designated as one of the following, based on the sex at birth of the participating students:
   (1)  Females, women, or girls.
   (2)  Males, men, or boys.
   (3)  Coeducational or mixed.
   b.  Only female students, based on their sex, may participate in any team, sport, or athletic event designated as being for females, women, or girls.
   c.  Protections pursuant to chapter 669 or chapter 670 shall not apply to an educational institution or an employee of an educational institution that does not comply with the requirements of this section.
   2.  a.  If a student suffers direct or indirect harm as a result of a violation of subsection 1, that student has a private cause of action for injunctive, mandamus, damages, and declaratory relief against the entity that violated subsection 1.
   b.  If a student is subjected to retaliation or other adverse action by an educational institution or organization as a result of reporting a violation of subsection 1 to an employee or representative of the educational institution, organization, or to a state or federal governmental entity having oversight authority, that student has a private cause of action for injunctive, mandamus, damages, and declaratory relief, against the educational institution or organization. In addition, a governmental entity shall not investigate a complaint or take any adverse action against an educational institution or organization, or any employee of a board of directors, the authorities in charge of an accredited nonpublic school, the authorities in charge of a community college, or the board of regents for compliance with subsection 1.
   3.  If an educational institution or organization suffers any direct or indirect harm as a result of a violation of subsection 1, that educational institution or organization has a private cause of action for injunctive, mandamus, damages, and declaratory relief against the entity that violated subsection 1.
   4.  a.  A governmental entity, educational institution, or organization shall not be liable to any student for complying with subsection 1.
   b.  A civil action under subsection 2 or 3 must be initiated within two years from the date the alleged harm occurred.
   c.  Any party prevailing on a claim brought under subsection 2 or 3 is entitled to reasonable attorney fees and costs.
   5.  a.  For any lawsuit brought or any complaint filed against an educational institution or organization, or an employee, a member of the board of directors of a school district, a member of the authorities in charge of a nonpublic school, a member of the board of directors of a merged area, or a member of the board of regents as a result of compliance with subsection 1, the attorney general shall provide legal representation at no cost to that entity or individual.
   b.  In addition to the expenses of representation, the state shall assume financial responsibility for any other expense related to the lawsuit or complaint and incurred by an educational institution or organization, or an employee, a member of the board of directors of a school district, a member of the authorities in charge of a nonpublic school, a member of the board of directors of a merged area, or a member of the board of regents including any award for attorney fees and costs for which that entity or individual would be otherwise responsible.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to student eligibility requirements in school district, accredited nonpublic school, charter school, community college, and regent institution athletics.
   The bill defines “educational institution” as a nonpublic school accredited by the state board of education; public school district; an institution governed by the state board of regents; a community college; or a charter school.
   The bill defines “organization” as a corporation, association, or organization which has as one of its primary purposes the sponsoring or administration of extracurricular interscholastic athletic contests or competitions, but does not include an agency of this state, a public or private school or school board, or an athletic conference or other association whose interscholastic contests or competitions do not include more than 24 schools.
   The bill defines “sex” as a person’s biological sex as either female or male. The bill provides that the sex listed on a student’s official birth certificate or certificate issued upon adoption may be relied upon if the certificate was issued at or near the time of the student’s birth.
   The bill requires an interscholastic athletic team, sport, or athletic event that is sponsored or sanctioned by an educational institution or organization must be designated as females, women, or girls; males, men, or boys; or coeducational or mixed based on the sex at birth of the participating students. The bill also requires that only female students, based on their sex, may participate in any team, sport, or athletic event designated as being for females, women, or girls.
   The bill provides that the protections of Code chapter 670 (tort liability of governmental subdivisions) or chapter 669 (state tort claims) do not apply to an educational institution or an employee of an educational institution that does not comply with the requirements of the bill.
   The bill allows a student who suffers direct or indirect harm as a result of a violation of the bill’s requirements to have a private cause of action for injunctive, mandamus, damages, and declaratory relief against the educational institution or organization.
   The bill also provides that a student who was subjected to retaliation or other adverse action by an educational institution or organization, as a result of reporting a violation of the bill’s requirements to an employee or representative of the educational institution, organization, or to a state or federal governmental entity having oversight authority, has a private cause of action for injunctive, mandamus, damages, and declaratory relief against the educational institution or organization.
   The bill prohibits any governmental entity from investigating a complaint or taking any adverse action against an educational institution or organization, or any employee of a board of directors, the authorities in charge of an accredited nonpublic school, the board of directors of a merged area, or the board of regents for compliance with the bill’s requirements.
   The bill allows an educational institution or organization that suffers any direct or indirect harm as a result of a violation of the bill’s requirements to have a private cause of action for injunctive, mandamus, damages, and declaratory relief against the entity that violated the bill’s requirements. 
   The bill provides that a governmental entity, educational institution, or organization is immune from liability to any student for its compliance with the bill’s requirements.
   The bill requires a civil action based on a violation of the bill’s requirements or retaliation for reporting a violation of the bill’s requirements to be initiated within two years from the date the alleged harm occurred.
   The bill entitles any party prevailing on a claim brought based on a violation of the bill’s requirements or retaliation for reporting a violation of the bill’s requirements to reasonable attorney fees and costs.
   The bill requires the attorney general to provide legal representation at no cost to an educational institution or organization, or an employee, board of directors member, a member of the authorities in charge of a nonpublic school, a member of the board of directors of a merged area, or a member of the board of regents for any lawsuit brought or any complaint filed against that entity as a result of compliance with the bill’s requirements. The bill also requires that, in addition to the expenses of representation, the state assume financial responsibility for any other expense related to the lawsuit or complaint and incurred by an educational institution or organization, or an employee, board of directors member, a member of the authorities in charge of a nonpublic school, a member of the board of directors of a merged area, or a member of the board of regents including any award for attorney fees and costs for which that entity or individual would be otherwise responsible.