Bill > S3540

Introduced Session

This bill requires that participation in school-sanctioned sports be based on biological sex at birth. It provides that public and nonpublic schools, as well as institutions of higher education, designate athletic or sports teams on the basis of biological sex. The bill also prohibits any athletic teams or sports designated for females, women, or girls from being open to males. In the event the sex of a student is disputed, the student will establish sex by presenting a signed physician's statement that indicates the student's sex based solely on (1) the student's internal and external reproductive anatomy; (2) the student's normal endogenously produced levels of testosterone; and (3) an analysis of the student's genetic makeup. A school or institution of higher education would not be subject to investigation or any adverse action for maintaining separate athletic teams or sports for students of the female sex. Students who are deprived of athletic opportunities or suffer any harm as a result of a violation of the provisions of this bill would have a private cause of action for injunctive relief, damages, or other legal remedy permitted by law against the school or institution of higher education. A student subject to retaliation or any adverse action by his or her school, institution of higher education, or athletic association or organization for reporting a violation of the bill would also have a private right of action against the school, institution of higher education, or athletic association or organization. A school or institution of higher education that suffers any harm as a result of a violation of this bill would likewise have a private cause of action for injunctive relief, damages, or other legal remedy permitted by law. Any student, school, or institution of higher education able to bring suit under this bill would be required to bring their claims within two years after the harm occurred. Students or organizations that prevail on any claim brought pursuant to this bill would be entitled to monetary damages, including damages for any psychological, emotional, and physical harm suffered, reasonable attorney's fees and costs, and any other appropriate relief.

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Jim Holzapfel (R)*,  Mike Testa (R)*, 

Introduced in the Senate, Referred to Senate Education Committee (on 03/11/2021)

Official Document