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House File 2416 - IntroducedA Bill ForAn Act 1relating to student eligibility requirements in school
2district and accredited nonpublic school athletics based on
3sex.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 280.32 Extracurricular athletics —
2eligibility — cause of action.
31. a. An interscholastic athletic team, sport, or athletic
4event that is sponsored or sanctioned by an accredited
5nonpublic school, school district, or organization as defined
6in section 280.13, must be designated as one of the following,
7based on the sex at birth of the participating students:
8(1) Females, women, or girls.
9(2) Males, men, or boys.
10(3) Coeducational or mixed.
11b. Only female students, based on their sex, may participate
12in any team, sport, or athletic event designated as being for
13females, women, or girls.
14c. For the purposes of this subsection, “sex” means
15a person’s biological sex as either female or male. The
16sex listed on the student’s official birth certificate or
17certificate issued upon adoption may be relied upon if the
18certificate was issued at or near the time of the student’s
19birth.
20d. Protections pursuant to chapter 670 shall not apply to
21a school district employee or a school district that does not
22comply with the requirements of this section.
232. a. If a student suffers direct or indirect harm as
24a result of a violation of subsection 1, that student has a
25private cause of action for injunctive, mandamus, damages, and
26declaratory relief against the entity that violated subsection
271.
28b. If a student is subjected to retaliation or other
29adverse action by an accredited nonpublic school, school
30district, or organization as defined in section 280.13,
31as a result of reporting a violation of subsection 1 to an
32employee or representative of the school, school district,
33organization as defined in section 280.13, or to a state
34or federal governmental entity having oversight authority,
35that student has a private cause of action for injunctive,
-1-1mandamus, damages, and declaratory relief, against the
2accredited nonpublic school, school district, or organization.
3In addition, a governmental entity shall not investigate a
4complaint or take any adverse action against an accredited
5nonpublic school, school district, or organization, or
6any employee of a board of directors or the authorities in
7charge of an accredited nonpublic school for compliance with
8subsection 1.
93. If an accredited nonpublic school, school district, or
10organization as defined in section 280.13, suffers any direct
11or indirect harm as a result of a violation of subsection
121, that accredited nonpublic school, school district, or
13organization has a private cause of action for injunctive,
14mandamus, damages, and declaratory relief against the entity
15that violated subsection 1.
164. a. A governmental entity, accredited nonpublic school,
17or school district shall not be liable to any student for
18complying with subsection 1.
19b. A civil action under subsection 2 or 3 must be initiated
20within two years from the date the alleged harm occurred.
21c. Any party prevailing on a claim brought under subsection
222 or 3 is entitled to reasonable attorney fees and costs.
235. a. For any lawsuit brought or any complaint filed
24against an accredited nonpublic school, a school district,
25or an employee, board of directors member, or a member of
26the authorities in charge of a nonpublic school, as a result
27of compliance with subsection 1, the attorney general shall
28provide legal representation at no cost to that entity or
29individual.
30b. In addition to the expenses of representation, the
31state shall assume financial responsibility for any other
32expense related to the lawsuit or complaint and incurred by an
33accredited nonpublic school, a school district, or an employee,
34board of directors member, or a member of the authorities in
35charge of a nonpublic school, including any award for attorney
-2-1fees and costs for which that entity or individual would be
2otherwise responsible.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to student eligibility requirements in
7school district and accredited nonpublic school athletics.
8The bill requires an interscholastic athletic team, sport,
9or athletic event that is sponsored or sanctioned by an
10accredited nonpublic school, school district, or athletic
11organization must be designated as females, women, or girls;
12males, men, or boys; or coeducational or mixed based on the sex
13at birth of the participating students. The bill also requires
14that only female students, based on their sex, may participate
15in any team, sport, or athletic event designated as being for
16females, women, or girls. The bill defines “sex” to mean a
17person’s biological sex as either female or male, and provides
18that the sex listed on the student’s official birth certificate
19or certificate issued upon adoption may be relied upon if the
20certificate was issued at or near the time of the student’s
21birth.
22The bill provides that the protections of Code chapter 670
23(tort liability of governmental subdivisions) do not apply to
24a school district employee or a school district that does not
25comply with the requirements of the bill.
26The bill allows a student who suffers direct or indirect harm
27as a result of a violation of the bill’s requirements to have
28a private cause of action for injunctive, mandamus, damages,
29and declaratory relief against the school district, accredited
30nonpublic school, or high school athletic organization.
31The bill also provides that a student who was subjected to
32retaliation or other adverse action by an accredited nonpublic
33school, school district, or high school athletic organization,
34as a result of reporting a violation of the bill’s requirements
35to an employee or representative of the school, school
-3-1district, high school athletic organization, or to a state or
2federal governmental entity having oversight authority, has a
3private cause of action for injunctive, mandamus, damages, and
4declaratory relief against the accredited nonpublic school,
5school district, or organization.
6The bill prohibits any governmental entity from
7investigating a complaint or taking any adverse action
8against an accredited nonpublic school, school district, or
9organization, or any employee of a board of directors or the
10authorities in charge of an accredited nonpublic school, for
11compliance with the bill’s requirements.
12The bill allows an accredited nonpublic school, school
13district, or high school athletic organization that suffers
14any direct or indirect harm as a result of a violation of the
15bill’s requirements to have a private cause of action for
16injunctive, mandamus, damages, and declaratory relief against
17the entity that violated the bill’s requirements.
18The bill provides that a governmental entity, accredited
19nonpublic school, or school district is immune from liability
20to any student for its compliance with the bill’s requirements.
21The bill requires a civil action based on a violation of the
22bill’s requirements or retaliation for reporting a violation of
23the bill’s requirements to be initiated within two years from
24the date the alleged harm occurred.
25The bill entitles any party prevailing on a claim brought
26based on a violation of the bill’s requirements or retaliation
27for reporting a violation of the bill’s requirements to
28reasonable attorney fees and costs.
29The bill requires the attorney general to provide legal
30representation at no cost to an accredited nonpublic school,
31a school district, or an employee, board of directors member,
32or a member of the authorities in charge of a nonpublic school
33for any lawsuit brought or any complaint filed against that
34entity as a result of compliance with the bill’s requirements.
35The bill also requires that, in addition to the expenses of
-4-1representation, the state assume financial responsibility for
2any other expense related to the lawsuit or complaint and
3incurred by an accredited nonpublic school, a school district,
4or an employee, board of directors member, or a member of the
5authorities in charge of a nonpublic school, including any
6award for attorney fees and costs for which that entity or
7individual would be otherwise responsible.
-5-dg/jh
2district and accredited nonpublic school athletics based on
3sex.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 280.32 Extracurricular athletics —
2eligibility — cause of action.
31. a. An interscholastic athletic team, sport, or athletic
4event that is sponsored or sanctioned by an accredited
5nonpublic school, school district, or organization as defined
6in section 280.13, must be designated as one of the following,
7based on the sex at birth of the participating students:
8(1) Females, women, or girls.
9(2) Males, men, or boys.
10(3) Coeducational or mixed.
11b. Only female students, based on their sex, may participate
12in any team, sport, or athletic event designated as being for
13females, women, or girls.
14c. For the purposes of this subsection, “sex” means
15a person’s biological sex as either female or male. The
16sex listed on the student’s official birth certificate or
17certificate issued upon adoption may be relied upon if the
18certificate was issued at or near the time of the student’s
19birth.
20d. Protections pursuant to chapter 670 shall not apply to
21a school district employee or a school district that does not
22comply with the requirements of this section.
232. a. If a student suffers direct or indirect harm as
24a result of a violation of subsection 1, that student has a
25private cause of action for injunctive, mandamus, damages, and
26declaratory relief against the entity that violated subsection
271.
28b. If a student is subjected to retaliation or other
29adverse action by an accredited nonpublic school, school
30district, or organization as defined in section 280.13,
31as a result of reporting a violation of subsection 1 to an
32employee or representative of the school, school district,
33organization as defined in section 280.13, or to a state
34or federal governmental entity having oversight authority,
35that student has a private cause of action for injunctive,
-1-1mandamus, damages, and declaratory relief, against the
2accredited nonpublic school, school district, or organization.
3In addition, a governmental entity shall not investigate a
4complaint or take any adverse action against an accredited
5nonpublic school, school district, or organization, or
6any employee of a board of directors or the authorities in
7charge of an accredited nonpublic school for compliance with
8subsection 1.
93. If an accredited nonpublic school, school district, or
10organization as defined in section 280.13, suffers any direct
11or indirect harm as a result of a violation of subsection
121, that accredited nonpublic school, school district, or
13organization has a private cause of action for injunctive,
14mandamus, damages, and declaratory relief against the entity
15that violated subsection 1.
164. a. A governmental entity, accredited nonpublic school,
17or school district shall not be liable to any student for
18complying with subsection 1.
19b. A civil action under subsection 2 or 3 must be initiated
20within two years from the date the alleged harm occurred.
21c. Any party prevailing on a claim brought under subsection
222 or 3 is entitled to reasonable attorney fees and costs.
235. a. For any lawsuit brought or any complaint filed
24against an accredited nonpublic school, a school district,
25or an employee, board of directors member, or a member of
26the authorities in charge of a nonpublic school, as a result
27of compliance with subsection 1, the attorney general shall
28provide legal representation at no cost to that entity or
29individual.
30b. In addition to the expenses of representation, the
31state shall assume financial responsibility for any other
32expense related to the lawsuit or complaint and incurred by an
33accredited nonpublic school, a school district, or an employee,
34board of directors member, or a member of the authorities in
35charge of a nonpublic school, including any award for attorney
-2-1fees and costs for which that entity or individual would be
2otherwise responsible.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to student eligibility requirements in
7school district and accredited nonpublic school athletics.
8The bill requires an interscholastic athletic team, sport,
9or athletic event that is sponsored or sanctioned by an
10accredited nonpublic school, school district, or athletic
11organization must be designated as females, women, or girls;
12males, men, or boys; or coeducational or mixed based on the sex
13at birth of the participating students. The bill also requires
14that only female students, based on their sex, may participate
15in any team, sport, or athletic event designated as being for
16females, women, or girls. The bill defines “sex” to mean a
17person’s biological sex as either female or male, and provides
18that the sex listed on the student’s official birth certificate
19or certificate issued upon adoption may be relied upon if the
20certificate was issued at or near the time of the student’s
21birth.
22The bill provides that the protections of Code chapter 670
23(tort liability of governmental subdivisions) do not apply to
24a school district employee or a school district that does not
25comply with the requirements of the bill.
26The bill allows a student who suffers direct or indirect harm
27as a result of a violation of the bill’s requirements to have
28a private cause of action for injunctive, mandamus, damages,
29and declaratory relief against the school district, accredited
30nonpublic school, or high school athletic organization.
31The bill also provides that a student who was subjected to
32retaliation or other adverse action by an accredited nonpublic
33school, school district, or high school athletic organization,
34as a result of reporting a violation of the bill’s requirements
35to an employee or representative of the school, school
-3-1district, high school athletic organization, or to a state or
2federal governmental entity having oversight authority, has a
3private cause of action for injunctive, mandamus, damages, and
4declaratory relief against the accredited nonpublic school,
5school district, or organization.
6The bill prohibits any governmental entity from
7investigating a complaint or taking any adverse action
8against an accredited nonpublic school, school district, or
9organization, or any employee of a board of directors or the
10authorities in charge of an accredited nonpublic school, for
11compliance with the bill’s requirements.
12The bill allows an accredited nonpublic school, school
13district, or high school athletic organization that suffers
14any direct or indirect harm as a result of a violation of the
15bill’s requirements to have a private cause of action for
16injunctive, mandamus, damages, and declaratory relief against
17the entity that violated the bill’s requirements.
18The bill provides that a governmental entity, accredited
19nonpublic school, or school district is immune from liability
20to any student for its compliance with the bill’s requirements.
21The bill requires a civil action based on a violation of the
22bill’s requirements or retaliation for reporting a violation of
23the bill’s requirements to be initiated within two years from
24the date the alleged harm occurred.
25The bill entitles any party prevailing on a claim brought
26based on a violation of the bill’s requirements or retaliation
27for reporting a violation of the bill’s requirements to
28reasonable attorney fees and costs.
29The bill requires the attorney general to provide legal
30representation at no cost to an accredited nonpublic school,
31a school district, or an employee, board of directors member,
32or a member of the authorities in charge of a nonpublic school
33for any lawsuit brought or any complaint filed against that
34entity as a result of compliance with the bill’s requirements.
35The bill also requires that, in addition to the expenses of
-4-1representation, the state assume financial responsibility for
2any other expense related to the lawsuit or complaint and
3incurred by an accredited nonpublic school, a school district,
4or an employee, board of directors member, or a member of the
5authorities in charge of a nonpublic school, including any
6award for attorney fees and costs for which that entity or
7individual would be otherwise responsible.
-5-dg/jh