Text of AK HB 40 (2026)

HB0040a -1- HB 40 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0200\A HOUSE BILL NO. 40 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVE ALLARD Introduced: 1/17/25 Referred: Prefiled A BILL FOR AN ACT ENTITLED "An Act relating to school athletics, recreation, athletic teams, and sports." 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 3 to read: 4 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that 5 (1) maintaining fairness in athletic opportunities for women is an important 6 state interest; 7 (2) requiring the designation of separate sex-specific athletic teams or sports is 8 necessary to maintain fairness in athletic opportunities for women; 9 (3) significant biological and physiological differences between males and 10 females, including greater strength, speed, and endurance capabilities among males on 11 average, provide a competitive advantage to male athletes in sports; and 12 (4) having separate sex-specific teams furthers efforts to promote sex equality 13 and that discrimination against women and girls in sports is counter to that effort. 14 (b) It is the intent of the legislature to preserve an even playing field in school athletic 15 34-LS0200\A HB 40 -2- HB0040a New Text Underlined [DELETED TEXT BRACKETED] programs, to maintain opportunities for female athletes to demonstrate their strength, skills, 1 and athletic abilities, and to provide female athletes with opportunities to obtain recognition 2 and accolades, college scholarships, and the numerous other long-term benefits that result 3 from participating and competing in athletic endeavors. 4 * Sec. 2. AS 14.18 is amended by adding new sections to read: 5 Article 2. Designation of Athletic Teams and Sports. 6 Sec. 14.18.150. Athletic team and sport designation. (a) A public school, a 7 postsecondary institution, or a private school whose students or teams compete against 8 a public school, must designate each school-sponsored athletic team or sport a 9 (1) male, men, or boys team or sport; 10 (2) female, women, or girls team or sport; or 11 (3) coeducational or mixed team or sport. 12 (b) A student who participates in an athletic team or sport designated female, 13 women, or girls must be female, based on the participant's sex. A school may rely on 14 the sex listed on a participant's original birth certificate issued at or near the time of 15 birth to establish a participant's sex. In this subsection, "sex" means the biological state 16 of being male or female, based on an individual's nonambiguous sex organs, 17 chromosomes, and endogenous hormone profile at birth. 18 Sec. 14.18.160. Compliance protected. (a) A governmental entity, licensing 19 or accrediting organization, athletic association, or school district may not take 20 adverse action against a school or school district for complying with AS 14.18.150. 21 (b) A school or a school district may decline to consider a complaint brought 22 against the school or school district for complying with AS 14.18.150. 23 Sec. 14.18.170. Liability. (a) A student who is deprived of an athletic 24 opportunity or suffers direct or indirect harm resulting from a violation of 25 AS 14.18.150 may bring a private cause of action against the violating school. 26 (b) A student subjected to retaliation or other adverse action as a result of 27 reporting a violation of AS 14.18.150 to an employee or representative of a school, 28 school district, or athletic association or organization, or to a state or federal 29 government entity with oversight authority, may bring a private cause of action against 30 the retaliating entity. 31 34-LS0200\A HB0040a -3- HB 40 New Text Underlined [DELETED TEXT BRACKETED] (c) If a school or school district suffers direct or indirect harm as a result of a 1 violation of AS 14.18.150, the school or school district may bring a private cause of 2 action against the violating entity. 3 (d) An action brought under this section must be commenced within two years 4 of the event giving rise to the complaint. 5 Sec. 14.18.180. Access to courts; relationship to rights under federal law. 6 (a) Nothing in AS 14.18.150 - 14.18.190 abrogates, restricts, or otherwise limits 7 (1) the access of any person to a state or federal court; or 8 (2) a person's right to bring in state or federal court a complaint or 9 cause of action arising out of AS 14.18.150 - 14.18.190. 10 (b) AS 14.18.150 - 14.18.190 may not be construed to modify a person's rights 11 under 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act), 29 U.S.C. 12 794, or 42 U.S.C. 12101 - 12213. 13 Sec. 14.18.190. Definitions. In AS 14.18.150 - 14.18.190, 14 (1) "school" means an elementary, junior high, or secondary school or 15 a postsecondary institution; 16 (2) "school district" means a borough school district, a city school 17 district, a regional educational attendance area, a state boarding school, and the state 18 centralized correspondence study program. 19