TITLE 33

EDUCATION

CHAPTER 62

FAIRNESS IN WOMEN’S SPORTS ACT

33-6203.  designation of athletic teams. (1) Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public primary or secondary school, a public institution of higher education, or any school or institution whose students or teams compete against a public school or institution of higher education shall be expressly designated as one (1) of the following based on biological sex:

(a)  Males, men, or boys;

(b)  Females, women, or girls; or

(c)  Coed or mixed.

(2)  Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.

(3)  A dispute regarding a student’s sex shall be resolved by the school or institution by requesting that the student provide a health examination and consent form or other statement signed by the student’s personal health care provider that shall verify the student’s biological sex. The health care provider may verify the student’s biological sex as part of a routine sports physical examination relying only on one (1) or more of the following: the student’s reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels. The state board of education shall promulgate rules for schools and institutions to follow regarding the receipt and timely resolution of such disputes consistent with this subsection.

History:

[33-6203, added 2020, ch. 333, sec. 1, p. 969.]