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House File 2416 - EnrolledAn Actrelating to student eligibility requirements in school
district, accredited nonpublic school, regent institution,
community college, and certain other institution of higher
education athletics based on sex, and including effective
date provisions.
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. Any institution of higher education located in this
state that is a member of the national collegiate athletic
association, national association of intercollegiate athletics,
or national junior college athletic association.
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
-1-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 of a
school district, the authorities in charge of an accredited
nonpublic school or nonpublic institution of higher education,
the board of directors of a merged area, 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
-2-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 or nonpublic institution of higher education, 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 or nonpublic
institution of higher education, 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.
Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 2416, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2022______________________________
KIM REYNOLDSGovernordg/jh/md
district, accredited nonpublic school, regent institution,
community college, and certain other institution of higher
education athletics based on sex, and including effective
date provisions.
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. Any institution of higher education located in this
state that is a member of the national collegiate athletic
association, national association of intercollegiate athletics,
or national junior college athletic association.
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
-1-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 of a
school district, the authorities in charge of an accredited
nonpublic school or nonpublic institution of higher education,
the board of directors of a merged area, 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
-2-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 or nonpublic institution of higher education, 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 or nonpublic
institution of higher education, 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.
Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 2416, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2022______________________________
KIM REYNOLDSGovernordg/jh/md