Public schools, etc.; student participation in women's sports, civil cause of action.

Plain English Breakdown

The bill does not specify the consequences for schools that violate its provisions.

Student Participation in Women's Sports

This bill requires schools to designate athletic teams based on biological sex and restricts male students from participating in female-designated sports.

What This Bill Does

• Requires each interscholastic, intramural, or club athletic team or sport sponsored by a public school or any other school that is a member of the Virginia High School League to be designated as either for males, females, or coed based on the biological sex of participants.
• Prohibits any team designated for females from allowing male students to participate.
• Requires a signed physician's statement to confirm the biological sex of a student seeking to join an expressly designated team.
• Prevents government entities and athletic organizations from taking action against schools that follow these rules.
• Gives schools and affected students legal rights if someone violates this law.

Who It Names or Affects

• Public school students in Virginia
• Schools that are members of the Virginia High School League

Terms To Know

Biological sex

The physical characteristics a person is born with that determine their sex.

Waiver of sovereign immunity

Allows individuals to sue the government for damages or other relief.

Limits and Unknowns

• Does not specify what happens if a school violates these rules.
• The bill does not define how 'harm' is determined in legal actions.
• It's unclear how this will affect existing coed sports teams.

Official Summary Text

K-12 schools; student participation in women's sports; civil cause of action.
Requires each interscholastic, intramural, or club athletic team or sport sponsored by a public school or any other school that is a member of the Virginia High School League to be expressly designated as one of the following based on the biological sex of the students who participate on the team or in the sport: (i) for males, men, or boys; (ii) for females, women, or girls; or (iii) for coed or mixed if participation on such team or sport is open to both males and females. The bill requires that the biological sex of any student seeking to participate on such an expressly designated team be affirmed by a signed physician's statement. The bill prohibits any such team or sport that is expressly designated for females from being open to students whose biological sex is male.

The bill prohibits any government entity, licensing or accrediting organization, or athletic association or organization from entertaining a complaint, opening an investigation, or taking any other adverse action against any such school based on a violation of the provisions of the bill and creates a cause of action for any school that suffers harm as a result of a violation of the bill. Finally, the bill creates a civil cause of action for any student who suffers harm as a result of a knowing violation of a provision of the bill by a school or as a result of the student's reporting a violation of a provision of the bill by a school, athletic association, or organization.

Current Bill Text

A BILL to amend the Code of Virginia by adding a section numbered
22.1-271.7:1
, relating to K-12 schools; student participation in women's sports; civil cause of action.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
22.1-271.7:1
as follows:

§
22.1-271
.
7:1
. Interscholastic, intramural, and club athletic teams and sports; designation of teams; student participation.

A. Each interscholastic, intramural, or club athletic team or sport sponsored by a public school
or any other school that is a member of the Virginia High School League
shall be expressly designated as one of the following based on
the
biological sex
of the students who participate on the team or in the sport
:

1. For "males," "men," or "boys";

2. For "females," "women," or "girls"; or

3. For "coed" or "mixed" if participation on such team or in such sport is open to both (i) males, men, or boys and (ii) females, women, or girls.

B. Each interscholastic, intramural, or club athletic team or sport sponsored by a

public school
or any
other
school that is a member of the Virginia High School League
that is expressly designated for "females,"

"women," or "girls," pursuant to subsection A shall not be

open to any student of the male sex.

C.

T
he biological sex of any student seeking to participate on such an expressly designated team shall be
affirmed by
a signed physician's statement
.

D
.

No government entity, licensing or accrediting organization, or athletic

association or organization shall entertain a complaint, open an investigation,

or take any other adverse action against a school

for explicitly designating or maintaining separate interscholastic, intramural,

or club athletic teams or sports for "females," "women," or

"girls" pursuant to
this section
. Any school that

suffers any direct or
in
direct harm as a result of a violation of this
sub
section

shall have a private cause of action for injunctive relief, damages, and any

other relief available under law against such government entity, licensing or

accrediting organization, or athletic association or organization.

E
. Any student who is (i) deprived of an athletic opportunity or suffers any

direct or indirect harm as a result of a school knowingly violating this

section or (ii) subject to retaliation or other adverse action by a school,

athletic association, or organization as a result of reporting a violation of

this section to an employee or

representative of such school, athletic association, or organization, or to any

state or federal agency with oversight of
such
school in the Commonwealth, shall

have a private cause of action for injunctive relief, damages, and any other

relief available under law against such school, athletic association, or

organization.

F. The provisions of subsection
s D and E
shall constitute a waiver of sovereign immunity.

G
. All civil actions brought pursuant to subsection
D
or
E

shall
be initiated within two years after the harm occurred.
Any person who prevails on a claim brought
pursuant to this section shall be entitled to monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney fees and costs, and any other appropriate relief.