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A BILL to amend and reenact §
22.1-271.7
of the Code of Virginia and to amend the Code of Virginia by adding sections numbered
22.1-271.7:1
and
23.1-408.2
, relating to public elementary and secondary schools and institutions of higher education; designation of interscholastic, intercollegiate, intramural, and club athletic teams and sports based on biological sex; identification of biological sex on Preparticipation Physical Evaluation and athletics eligibility forms required; civil cause of action.
Be it enacted by the General Assembly of Virginia:
1. That §
22.1-271.7
of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding sections numbered
22.1-271.7:1
and
23.1-408.2
as follows:
§
22.1-271.7
. Public middle and high school student-athletes; preparticipation physical examination.
A. As used in this section, "Preparticipation Physical Evaluation form" means the most recent Preparticipation Physical Evaluation form developed jointly by the American Academy of Family Physicians, American Academy of Pediatrics, American College of Sports Medicine, American Medical Society for Sports Medicine, American Orthopaedic Society for Sports Medicine, and American Osteopathic Academy of Sports Medicine.
B. No public
middle
elementary
or
high
secondary
school student shall be a participant on or try out for any interscholastic
, intramural, or club
athletic team or
squad
sport sponsored by a school
division
or a public school therein
unless such student has submitted to the school principal a
signed
Preparticipation Physical Evaluation form
from
signed by
a licensed physician, a licensed advanced practice registered nurse practicing in accordance with the provisions of §
54.1-2957
, or a licensed physician assistant acting under the supervision of a licensed physician
(i)
attesting that such student received a physical examination and was found to be physically fit for athletic competition no more than 14 calendar months prior to the date on which such report was signed
and (ii) identifying
and attesting to such student's biological sex
.
C. No public
middle
elementary
or
high
secondary
school shall become a member of any organization or entity whose purpose it is to regulate or govern interscholastic programs that does not deem eligible for participation a student who has, pursuant to subsection B, submitted a signed Preparticipation Physical Evaluation form to the school principal
attesting that such student received a physical examination and was found to be physically fit for athletic competition no more than 14 calendar months prior to the date on which such report was signed
that
satisfies the criteria
set forth in clauses (i) and (ii) of subsection B
.
§
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
school division or a
public school
therein
shall be expressly designated as one of the following based on biological sex:
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
school division or a
public school
therein
that is expressly designated for "females,"
"women," or "girls" pursuant to subsection A shall not be
open to any student whose biological sex is male.
C.
Nothing in this section shall be construed to restrict the eligibility of any
student to participate in any interscholastic, intramural, or club athletic
team or sport that is expressly
designated
(i)
for "males," "men," or "boys" or
(ii)
as
"coed" or "mixed."
D. The eligibility of a public school student to
participate on any interscholastic, intramural, or club athletic team or sport
that is expressly designated for (i)
"males," "men," or "boys" or (ii)
"females," "women," or "girls" shall be based on
the student's biological sex as identified on such student's signed
Preparticipation Physical Evaluation
form required pursuant to §
22.1-271.7
.
E.
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 subsections A, B,
and
D
. Any
public
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.
F
. Any student who is (i) deprived of an athletic opportunity or suffers any
direct or indirect harm as a result of a
knowing violation of this section by a
public
school or (ii) subject to retaliation or other adverse action by a
public
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 school
s
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.
G
. All civil actions brought pursuant to subsection
E
or
F
shall
be initiated within two years after the harm occurred.
H
. The provisions of this section shall be construed liberally so as to effectuate its purposes
to the fullest extent permitted by law. If any one or more
provisions, subsections, sentences, clauses, phrases, or words of this section
or
the
application
thereof
to any individual,
entity, or circumstance is found to be unconstitutional, it shall be deemed
severable and the
remainder of this section and its applicability to other individuals, entities,
or circumstances not similarly situated shall remain effective.
§
23.1-408.2
. Intercollegiate, intramural, and club athletic teams and sports; designation of teams; student participation.
A
.
Each intercollegiate, intramural,
or
club athletic team or sport that is
sponsored by a public institution of higher education shall be expressly
designated as one of the following based on biological sex:
1. For "males," "men," or
"boys";
2. For "females," "women," or
"girls"; or
3. For "coed" or "mixed," if participation
on such team or sport is open to both (i) males,
men, or boys and (ii) females, women, or girls.
B.
Each intercollegiate, intramural, or club athletic team or sport that is
sponsored by a public institution of higher education and that is expressly
designated for "females," "women," or "girls"
pursuant to subsection A shall not be open to any student whose biological sex is male. This section
shall not be construed to restrict the eligibility of any student to try out
for or compete in any intercollegiate, intramural, or club athletic team or
sport sponsored by such institution of higher education that is expressly designated
(i)
for "males," "men," or
"boys" or
(ii)
as "coed" or
"mixed."
C
.
No student enrolled at a public institution of higher education shall be a
participant on or try out for any intercollegiate, intramural, or club athletic
team or sport sponsored by a public institution of higher education unless such
studen
t
,
by
the
start
of his first year of participation on such athletic team or sport,
submits
to the appropriate department
faculty
or staff
of the institution
an athletics eligibility form
s
igned by a
licensed physician, a licensed nurse practitioner practicing in accordance with
the provisions of §
54.1-2957
, or a licensed physician assistant acting under
the supervision of a licensed physician verifying (i) that such student has
received a physical examination
and was found physically fit for athletic co
mpetition
within
(a)
the 12 months immediately preceding the date of the first day of such student's participation
on such athletic team or sport
o
r
(b)
such
shorter
time period
as may be
established by
the
applicable institution, athletic association, athletic conference, or other organization with authority over intercollegiate ath
letics
and
(ii)
such student's biological sex.
D.
No government entity, licensing or accrediting organization, athletic
association
, or athletic organization
shall entertain a complaint, open an investigation,
or take any other adverse action against a
public institution of higher education
for explicitly designating or
maintaining separate intercollegiate, intramural, or club athletic teams or
sports for "females, "women," or "girls" pursuant to
subsections A
and
B. Any
public
institution
of higher education that suffers any direct or indirect
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, athletic association
,
or
athletic
organization.
E
.
Any student who is (i) deprived of an athletic opportunity or suffers any
direct or indirect harm as a result of a knowing violation of this section by a public institution
of higher education or (ii) subject to retaliation or other adverse action by
a
public
institution of higher education, athletic association, or
athletic
organization as a result of reporting a violation of this section to an
employee or representative of such institution, athletic association, or
athletic
organization, or to any state or federal agency with oversight of
any
such
institution in the Commonwealth, shall have a private cause of action for injunctive relief, damages, and any
other relief available under law against such institution, athletic
association, or
athletic
organization.
F
.
All civil actions brought pursuant to
subsection E or F
shall
be initiated
within two years after the harm occurred.
G
. The provisions of this section shall be construed liberally so as to effectuate its purposes
to the fullest extent permitted by law. If any one or more provisions,
subsections, sentences, clauses, phrases, or words of this section or
the
application
thereof
to any individual, entity, or circumstance is found to be
unconstitutional, it shall be deemed severable, and the remainder of this section and its applicability to other individuals,
entities, or circumstances not similarly situated shall remain effective.
2. That the provisions of this act shall be effective beginning with the 2026–2027 school year.