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House File 2416 - ReprintedA Bill ForAn Act 1relating to student eligibility requirements in school
2district, accredited nonpublic school, regent institution,
3community college, and certain other institution of higher
4education athletics based on sex, and including effective
5date provisions.
6BE 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. Any institution of higher education located in this
10state that is a member of the national collegiate athletic
11association, national association of intercollegiate athletics,
12or national junior college athletic association.
132. “Organization” means the same as defined in section
14280.13.
153. “Sex” means a person’s biological sex as either female or
16male. The sex listed on a student’s official birth certificate
17or certificate issued upon adoption may be relied upon if the
18certificate was issued at or near the time of the student’s
19birth.
20 Sec. 2. NEW SECTION. 261I.2 Extracurricular athletics —
21eligibility — cause of action.
221. a. An interscholastic athletic team, sport, or athletic
23event that is sponsored or sanctioned by an educational
24institution or organization must be designated as one of the
25following, based on the sex at birth of the participating
26students:
27(1) Females, women, or girls.
28(2) Males, men, or boys.
29(3) Coeducational or mixed.
30b. Only female students, based on their sex, may participate
31in any team, sport, or athletic event designated as being for
32females, women, or girls.
33c. Protections pursuant to chapter 669 or chapter 670
34shall not apply to an educational institution or an employee
35of an educational institution that does not comply with the
-1-1requirements of this section.
22. a. If a student suffers direct or indirect harm as
3a result of a violation of subsection 1, that student has a
4private cause of action for injunctive, mandamus, damages, and
5declaratory relief against the entity that violated subsection
61.
7b. If a student is subjected to retaliation or other adverse
8action by an educational institution or organization as a
9result of reporting a violation of subsection 1 to an employee
10or representative of the educational institution, organization,
11or to a state or federal governmental entity having oversight
12authority, that student has a private cause of action for
13injunctive, mandamus, damages, and declaratory relief, against
14the educational institution or organization. In addition,
15a governmental entity shall not investigate a complaint or
16take any adverse action against an educational institution or
17organization, or any employee of a board of directors of a
18school district, the authorities in charge of an accredited
19nonpublic school or nonpublic institution of higher education,
20the board of directors of a merged area, or the board of
21regents for compliance with subsection 1.
223. If an educational institution or organization suffers
23any direct or indirect harm as a result of a violation of
24subsection 1, that educational institution or organization has
25a private cause of action for injunctive, mandamus, damages,
26and declaratory relief against the entity that violated
27subsection 1.
284. a. A governmental entity, educational institution, or
29organization shall not be liable to any student for complying
30with subsection 1.
31b. A civil action under subsection 2 or 3 must be initiated
32within two years from the date the alleged harm occurred.
33c. Any party prevailing on a claim brought under subsection
342 or 3 is entitled to reasonable attorney fees and costs.
355. a. For any lawsuit brought or any complaint filed
-2-1against an educational institution or organization, or an
2employee, a member of the board of directors of a school
3district, a member of the authorities in charge of a nonpublic
4school or nonpublic institution of higher education, a member
5of the board of directors of a merged area, or a member of the
6board of regents as a result of compliance with subsection 1,
7the attorney general shall provide legal representation at no
8cost to that entity or individual.
9b. In addition to the expenses of representation, the
10state shall assume financial responsibility for any other
11expense related to the lawsuit or complaint and incurred by
12an educational institution or organization, or an employee, a
13member of the board of directors of a school district, a member
14of the authorities in charge of a nonpublic school or nonpublic
15institution of higher education, a member of the board of
16directors of a merged area, or a member of the board of regents
17including any award for attorney fees and costs for which that
18entity or individual would be otherwise responsible.
19 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
20importance, takes effect upon enactment.
dg/jh/md
2district, accredited nonpublic school, regent institution,
3community college, and certain other institution of higher
4education athletics based on sex, and including effective
5date provisions.
6BE 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. Any institution of higher education located in this
10state that is a member of the national collegiate athletic
11association, national association of intercollegiate athletics,
12or national junior college athletic association.
132. “Organization” means the same as defined in section
14280.13.
153. “Sex” means a person’s biological sex as either female or
16male. The sex listed on a student’s official birth certificate
17or certificate issued upon adoption may be relied upon if the
18certificate was issued at or near the time of the student’s
19birth.
20 Sec. 2. NEW SECTION. 261I.2 Extracurricular athletics —
21eligibility — cause of action.
221. a. An interscholastic athletic team, sport, or athletic
23event that is sponsored or sanctioned by an educational
24institution or organization must be designated as one of the
25following, based on the sex at birth of the participating
26students:
27(1) Females, women, or girls.
28(2) Males, men, or boys.
29(3) Coeducational or mixed.
30b. Only female students, based on their sex, may participate
31in any team, sport, or athletic event designated as being for
32females, women, or girls.
33c. Protections pursuant to chapter 669 or chapter 670
34shall not apply to an educational institution or an employee
35of an educational institution that does not comply with the
-1-1requirements of this section.
22. a. If a student suffers direct or indirect harm as
3a result of a violation of subsection 1, that student has a
4private cause of action for injunctive, mandamus, damages, and
5declaratory relief against the entity that violated subsection
61.
7b. If a student is subjected to retaliation or other adverse
8action by an educational institution or organization as a
9result of reporting a violation of subsection 1 to an employee
10or representative of the educational institution, organization,
11or to a state or federal governmental entity having oversight
12authority, that student has a private cause of action for
13injunctive, mandamus, damages, and declaratory relief, against
14the educational institution or organization. In addition,
15a governmental entity shall not investigate a complaint or
16take any adverse action against an educational institution or
17organization, or any employee of a board of directors of a
18school district, the authorities in charge of an accredited
19nonpublic school or nonpublic institution of higher education,
20the board of directors of a merged area, or the board of
21regents for compliance with subsection 1.
223. If an educational institution or organization suffers
23any direct or indirect harm as a result of a violation of
24subsection 1, that educational institution or organization has
25a private cause of action for injunctive, mandamus, damages,
26and declaratory relief against the entity that violated
27subsection 1.
284. a. A governmental entity, educational institution, or
29organization shall not be liable to any student for complying
30with subsection 1.
31b. A civil action under subsection 2 or 3 must be initiated
32within two years from the date the alleged harm occurred.
33c. Any party prevailing on a claim brought under subsection
342 or 3 is entitled to reasonable attorney fees and costs.
355. a. For any lawsuit brought or any complaint filed
-2-1against an educational institution or organization, or an
2employee, a member of the board of directors of a school
3district, a member of the authorities in charge of a nonpublic
4school or nonpublic institution of higher education, a member
5of the board of directors of a merged area, or a member of the
6board of regents as a result of compliance with subsection 1,
7the attorney general shall provide legal representation at no
8cost to that entity or individual.
9b. In addition to the expenses of representation, the
10state shall assume financial responsibility for any other
11expense related to the lawsuit or complaint and incurred by
12an educational institution or organization, or an employee, a
13member of the board of directors of a school district, a member
14of the authorities in charge of a nonpublic school or nonpublic
15institution of higher education, a member of the board of
16directors of a merged area, or a member of the board of regents
17including any award for attorney fees and costs for which that
18entity or individual would be otherwise responsible.
19 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
20importance, takes effect upon enactment.
dg/jh/md