Text of AK SB 140 (2022)
Designate Sex For School-sponsored Sports
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As introduced
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SENATE BILL NO. 140
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - FIRST SESSION
BY SENATOR HUGHES
Introduced: 5/12/21
Referred: Education
A BILL
FOR AN ACT ENTITLED
"An Act relating to school athletics, recreation, athletic teams, and sports."
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
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* Section 1. AS 14.18.040 is amended by adding a new subsection to read:
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(d) In this section, "sex" means biological sex.
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* Sec. 2. AS 14.18 is amended by adding new sections to read:
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Article 2. Designation of Athletic Teams and Sports.
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Sec. 14.18.150. Athletic team and sport designation. (a) A public school, or
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a private school whose students or teams compete against a public school, must
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designate each school-sponsored athletic team or sport a
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(1) male, men, or boys team or sport;
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(2) female, women, or girls team or sport; or
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(3) coeducational or mixed team or sport.
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(b) A student who participates in an athletic team or sport designated female,
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women, or girls must be female, based on the participant's biological sex.
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Sec. 14.18.160. Compliance protected. A governmental entity, licensing or
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accrediting organization, athletic association, or school district may not consider a
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complaint, open an investigation, or take adverse action against a school or school
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district for complying with AS 14.18.150.
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Sec. 14.18.170. Liability. (a) A student who is deprived of an athletic
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opportunity or suffers direct or indirect harm resulting from a violation of
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AS 14.18.150 may bring a private cause of action for injunctive relief, damages, and
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any other relief available under law against the violating school.
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(b) A student subjected to retaliation or other adverse action as a result of
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reporting a violation of AS 14.18.150 to an employee or representative of a school,
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school district, or athletic association or organization, or to a state or federal
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government entity with oversight authority, may bring a private cause of action against
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the retaliating entity for injunctive relief, damages, and any other relief available under
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law.
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(c) If a school or school district suffers direct or indirect harm as a result of a
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violation of AS 14.18.150, the school or school district may bring a private cause of
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action against the violating entity for injunctive relief, damages, and any other relief
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available under law.
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(d) An action brought under this section must be commenced within two years
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of the event giving rise to the complaint.
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Sec. 14.18.180. Definitions. In AS 14.18.150 - 14.18.180,
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(1) "school" means an elementary, junior high, secondary, or
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postsecondary school;
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(2) "school district" means a borough school district, a city school
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district, a regional educational attendance area, a state boarding school, and the state
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centralized correspondence study program.
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