House File 2416 - Reprinted HOUSE FILE 2416 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 2309) (As Amended and Passed by the House February 21, 2022 ) A BILL FOR An Act relating to student eligibility requirements in school 1 district, accredited nonpublic school, regent institution, 2 community college, and certain other institution of higher 3 education athletics based on sex, and including effective 4 date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 HF 2416 (3) 89 dg/jh/md

H.F. 2416 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. Any institution of higher education located in this 9 state that is a member of the national collegiate athletic 10 association, national association of intercollegiate athletics, 11 or national junior college athletic association. 12 2. “Organization” means the same as defined in section 13 280.13. 14 3. “Sex” means a person’s biological sex as either female or 15 male. The sex listed on a student’s official birth certificate 16 or certificate issued upon adoption may be relied upon if the 17 certificate was issued at or near the time of the student’s 18 birth. 19 Sec. 2. NEW SECTION . 261I.2 Extracurricular athletics —— 20 eligibility —— cause of action. 21 1. a. An interscholastic athletic team, sport, or athletic 22 event that is sponsored or sanctioned by an educational 23 institution or organization must be designated as one of the 24 following, based on the sex at birth of the participating 25 students: 26 (1) Females, women, or girls. 27 (2) Males, men, or boys. 28 (3) Coeducational or mixed. 29 b. Only female students, based on their sex, may participate 30 in any team, sport, or athletic event designated as being for 31 females, women, or girls. 32 c. Protections pursuant to chapter 669 or chapter 670 33 shall not apply to an educational institution or an employee 34 of an educational institution that does not comply with the 35 -1- HF 2416 (3) 89 dg/jh/md 1/ 3

H.F. 2416 requirements of this section. 1 2. a. If a student suffers direct or indirect harm as 2 a result of a violation of subsection 1, that student has a 3 private cause of action for injunctive, mandamus, damages, and 4 declaratory relief against the entity that violated subsection 5 1. 6 b. If a student is subjected to retaliation or other adverse 7 action by an educational institution or organization as a 8 result of reporting a violation of subsection 1 to an employee 9 or representative of the educational institution, organization, 10 or to a state or federal governmental entity having oversight 11 authority, that student has a private cause of action for 12 injunctive, mandamus, damages, and declaratory relief, against 13 the educational institution or organization. In addition, 14 a governmental entity shall not investigate a complaint or 15 take any adverse action against an educational institution or 16 organization, or any employee of a board of directors of a 17 school district, the authorities in charge of an accredited 18 nonpublic school or nonpublic institution of higher education, 19 the board of directors of a merged area, or the board of 20 regents for compliance with subsection 1. 21 3. If an educational institution or organization suffers 22 any direct or indirect harm as a result of a violation of 23 subsection 1, that educational institution or organization has 24 a private cause of action for injunctive, mandamus, damages, 25 and declaratory relief against the entity that violated 26 subsection 1. 27 4. a. A governmental entity, educational institution, or 28 organization shall not be liable to any student for complying 29 with subsection 1. 30 b. A civil action under subsection 2 or 3 must be initiated 31 within two years from the date the alleged harm occurred. 32 c. Any party prevailing on a claim brought under subsection 33 2 or 3 is entitled to reasonable attorney fees and costs. 34 5. a. For any lawsuit brought or any complaint filed 35 -2- HF 2416 (3) 89 dg/jh/md 2/ 3

H.F. 2416 against an educational institution or organization, or an 1 employee, a member of the board of directors of a school 2 district, a member of the authorities in charge of a nonpublic 3 school or nonpublic institution of higher education, a member 4 of the board of directors of a merged area, or a member of the 5 board of regents as a result of compliance with subsection 1, 6 the attorney general shall provide legal representation at no 7 cost to that entity or individual. 8 b. In addition to the expenses of representation, the 9 state shall assume financial responsibility for any other 10 expense related to the lawsuit or complaint and incurred by 11 an educational institution or organization, or an employee, a 12 member of the board of directors of a school district, a member 13 of the authorities in charge of a nonpublic school or nonpublic 14 institution of higher education, a member of the board of 15 directors of a merged area, or a member of the board of regents 16 including any award for attorney fees and costs for which that 17 entity or individual would be otherwise responsible. 18 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 19 importance, takes effect upon enactment. 20 -3- HF 2416 (3) 89 dg/jh/md 3/ 3