Senate Study Bill 3146 - IntroducedA Bill ForAn Act 1relating to student eligibility requirements in school
2district, accredited nonpublic school, charter school,
3community college, and regent institution athletics based on
4sex.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  261I.1  Definitions.
   2For the purposes of this chapter:
   31.  “Educational institution” means any of the following:
   4a.  A nonpublic school accredited pursuant to section 256.11.
   5b.  A public school district.
   6c.  An institution governed by the state board of regents
7pursuant to chapter 262.
   8d.  A community college as defined in section 260C.2.
   9e.  A charter school as defined in section 256E.2 or section
10256F.2.
   112.  “Organization” means the same as defined in section
12280.13.
   133.  “Sex” means a person’s biological sex as either female or
14male. The sex listed on a student’s official birth certificate
15or certificate issued upon adoption may be relied upon if the
16certificate was issued at or near the time of the student’s
17birth.
18   Sec. 2.  NEW SECTION.  261I.2  Extracurricular athletics —
19eligibility — cause of action.
   201.  a.  An interscholastic athletic team, sport, or athletic
21event that is sponsored or sanctioned by an educational
22institution or organization must be designated as one of the
23following, based on the sex at birth of the participating
24students:
   25(1)  Females, women, or girls.
   26(2)  Males, men, or boys.
   27(3)  Coeducational or mixed.
   28b.  Only female students, based on their sex, may participate
29in any team, sport, or athletic event designated as being for
30females, women, or girls.
   31c.  Protections pursuant to chapter 669 or chapter 670
32shall not apply to an educational institution or an employee
33of an educational institution that does not comply with the
34requirements of this section.
   352.  a.  If a student suffers direct or indirect harm as
-1-1a result of a violation of subsection 1, that student has a
2private cause of action for injunctive, mandamus, damages, and
3declaratory relief against the entity that violated subsection
41.
   5b.  If a student is subjected to retaliation or other adverse
6action by an educational institution or organization as a
7result of reporting a violation of subsection 1 to an employee
8or representative of the educational institution, organization,
9or to a state or federal governmental entity having oversight
10authority, that student has a private cause of action for
11injunctive, mandamus, damages, and declaratory relief, against
12the educational institution or organization. In addition,
13a governmental entity shall not investigate a complaint or
14take any adverse action against an educational institution or
15organization, or any employee of a board of directors, the
16authorities in charge of an accredited nonpublic school, the
17authorities in charge of a community college, or the board of
18regents for compliance with subsection 1.
   193.  If an educational institution or organization suffers
20any direct or indirect harm as a result of a violation of
21subsection 1, that educational institution or organization has
22a private cause of action for injunctive, mandamus, damages,
23and declaratory relief against the entity that violated
24subsection 1.
   254.  a.  A governmental entity, educational institution, or
26organization shall not be liable to any student for complying
27with subsection 1.
   28b.  A civil action under subsection 2 or 3 must be initiated
29within two years from the date the alleged harm occurred.
   30c.  Any party prevailing on a claim brought under subsection
312 or 3 is entitled to reasonable attorney fees and costs.
   325.  a.  For any lawsuit brought or any complaint filed
33against an educational institution or organization, or an
34employee, a member of the board of directors of a school
35district, a member of the authorities in charge of a nonpublic
-2-1school, a member of the board of directors of a merged area,
2or a member of the board of regents as a result of compliance
3with subsection 1, the attorney general shall provide legal
4representation at no cost to that entity or individual.
   5b.  In addition to the expenses of representation, the
6state shall assume financial responsibility for any other
7expense related to the lawsuit or complaint and incurred by
8an educational institution or organization, or an employee, a
9member of the board of directors of a school district, a member
10of the authorities in charge of a nonpublic school, a member
11of the board of directors of a merged area, or a member of the
12board of regents including any award for attorney fees and
13costs for which that entity or individual would be otherwise
14responsible.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
   18This bill relates to student eligibility requirements in
19school district, accredited nonpublic school, charter school,
20community college, and regent institution athletics.
   21The bill defines “educational institution” as a nonpublic
22school accredited by the state board of education; public
23school district; an institution governed by the state board of
24regents; a community college; or a charter school.
   25The bill defines “organization” as a corporation,
26association, or organization which has as one of its primary
27purposes the sponsoring or administration of extracurricular
28interscholastic athletic contests or competitions, but does not
29include an agency of this state, a public or private school or
30school board, or an athletic conference or other association
31whose interscholastic contests or competitions do not include
32more than 24 schools.
   33The bill defines “sex” as a person’s biological sex as either
34female or male. The bill provides that the sex listed on a
35student’s official birth certificate or certificate issued upon
-3-1adoption may be relied upon if the certificate was issued at or
2near the time of the student’s birth.
   3The bill requires an interscholastic athletic team, sport,
4or athletic event that is sponsored or sanctioned by an
5educational institution or organization must be designated as
6females, women, or girls; males, men, or boys; or coeducational
7or mixed based on the sex at birth of the participating
8students. The bill also requires that only female students,
9based on their sex, may participate in any team, sport, or
10athletic event designated as being for females, women, or
11girls.
   12The bill provides that the protections of Code chapter 670
13(tort liability of governmental subdivisions) or chapter 669
14(state tort claims) do not apply to an educational institution
15or an employee of an educational institution that does not
16comply with the requirements of the bill.
   17The bill allows a student who suffers direct or indirect harm
18as a result of a violation of the bill’s requirements to have
19a private cause of action for injunctive, mandamus, damages,
20and declaratory relief against the educational institution or
21organization.
   22The bill also provides that a student who was subjected
23to retaliation or other adverse action by an educational
24institution or organization, as a result of reporting a
25violation of the bill’s requirements to an employee or
26representative of the educational institution, organization,
27or to a state or federal governmental entity having oversight
28authority, has a private cause of action for injunctive,
29mandamus, damages, and declaratory relief against the
30educational institution or organization.
   31The bill prohibits any governmental entity from
32investigating a complaint or taking any adverse action against
33an educational institution or organization, or any employee
34of a board of directors, the authorities in charge of an
35accredited nonpublic school, the board of directors of a merged
-4-1area, or the board of regents for compliance with the bill’s
2requirements.
   3The bill allows an educational institution or organization
4that suffers any direct or indirect harm as a result of
5a violation of the bill’s requirements to have a private
6cause of action for injunctive, mandamus, damages, and
7declaratory relief against the entity that violated the bill’s
8requirements.
   9The bill provides that a governmental entity, educational
10institution, or organization is immune from liability to any
11student for its compliance with the bill’s requirements.
   12The bill requires a civil action based on a violation of the
13bill’s requirements or retaliation for reporting a violation of
14the bill’s requirements to be initiated within two years from
15the date the alleged harm occurred.
   16The bill entitles any party prevailing on a claim brought
17based on a violation of the bill’s requirements or retaliation
18for reporting a violation of the bill’s requirements to
19reasonable attorney fees and costs.
   20The bill requires the attorney general to provide legal
21representation at no cost to an educational institution or
22organization, or an employee, board of directors member, a
23member of the authorities in charge of a nonpublic school,
24a member of the board of directors of a merged area, or a
25member of the board of regents for any lawsuit brought or any
26complaint filed against that entity as a result of compliance
27with the bill’s requirements. The bill also requires that, in
28addition to the expenses of representation, the state assume
29financial responsibility for any other expense related to the
30lawsuit or complaint and incurred by an educational institution
31or organization, or an employee, board of directors member,
32a member of the authorities in charge of a nonpublic school,
33a member of the board of directors of a merged area, or a
34member of the board of regents including any award for attorney
35fees and costs for which that entity or individual would be
-5-1otherwise responsible.
-6-
dg/jh