Text of GA HB 104 (2025)

25 LC 49 2008 House Bill 104 By: Representatives Cox of the 28th, Jasperse of the 11th, Barrett of the 24th, Cannon of the 172nd, and Erwin of the 32nd A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 1 "Quality Basic Education Act," so as to enact the "Equal Athletic Opportunities Act"; to 2 provide generally for student participation in interscholastic athletic activities and events; to 3 generally prohibit discrimination on the basis of sex in such activities and events; to promote 4 fair and safe competition; to provide for the use of student eligibility rules, standards, and 5 classifications; to provide for exceptions to general provisions; to provide for specific 6 designations; to prohibit male students from participating in athletic activities and events 7 designated for female students and vice versa; to provide for definitions; to provide for 8 related matters; to repeal conflicting laws; and for other purposes. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 10 SECTION 1. 11 Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality 12 Basic Education Act," is amended in Part 14, relating to other educational programs under 13 the "Quality Basic Education Act," by revising Code Section 20-2-315, relating to gender 14 discrimination prohibited, authorized separate gender teams, equal athletic opportunity, 15 H. B. 104 - 1 - 25 LC 49 2008 physical education classes, employee designated to monitor compliance, grievance 16 procedures, and reporting requirements, as follows: 17 "(a) This Code section shall be known and may be cited as the 'Equal Athletic 18 Opportunities Act.' 19 (b) As used in this Code section, the term: 20 (1) 'Coed' means the inclusion of both males and females. 21 (2) 'Compete' or 'competition' means the participation of students or teams of local 22 school systems, public schools, or participating private schools in an interscholastic 23 athletic activity or event. 24 (3) 'Covered entity' means local school systems, public schools, and participating private 25 schools. 26 (4) 'Female,' 'woman,' or 'girl' means a student whose sex is female. 27 (5) 'Male,' 'man,' or 'boy' means a student whose sex is male. 28 (6) 'Participating private school' means a private school in this state whose students or 29 teams compete against students or teams from a public school or local school system in 30 this state; provided, however, that such term shall apply to such private schools only 31 when such private schools are competing against a public school or local school system 32 in this state; and provided, further, that such term shall not apply to private schools 33 competing in an athletic activity or event exclusively against one or more other private 34 schools. 35 (7) 'Sex' means a person's biological sex which shall be recognized solely based on a 36 person's reproductive biology and genetics at birth. For purposes of this subsection, a 37 statement of a student's biological sex on the student's official birth certificate shall be 38 deemed to have correctly stated the student's biological sex at birth if the statement was 39 included on such birth certificate at or near the time of the student's birth. 40 (c) No student shall, on the basis of gender sex, be excluded from participation in, be 41 denied the benefits of, be treated differently from another student, or otherwise be 42 H. B. 104 - 2 - 25 LC 49 2008 discriminated against in any interscholastic or intramural athletics competition offered by 43 a local school system or a public school, and no local school system shall provide any such 44 athletics separately on such basis. 45 (b)(d) Notwithstanding the requirements of subsection (a) of this Code section, a A local 46 school system or public school may operate or sponsor separate teams for members of each 47 gender sex where selection for such teams is based upon competitive skill, competitive 48 fairness, student safety, or the activity involved is a contact sport. However, where a local 49 school system operates or sponsors a team in a particular sport for members of one gender 50 sex but operates or sponsors no such team for members of the other gender sex, and athletic 51 opportunities for members of that gender sex in that particular sport have previously been 52 limited, members of the excluded gender sex must be allowed to try out for the team 53 offered unless the sport involved is a contact sport. Nothing in this subsection shall be 54 construed to limit the authority of a local school system to operate or sponsor a single team 55 for a contact sport that includes members of both genders sexes. As used in this 56 subsection, the term 'contact sport' includes basketball, boxing, football, ice hockey, 57 lacrosse, martial arts, soccer, rugby, wrestling, rugby, ice hockey, football, basketball, and 58 any other sport the purpose or major activity of which involves bodily contact. 59 (c)(e)(1) For each competition, each interscholastic athletic team organized, operated, 60 or sponsored by a covered entity shall be designated as one of the following: 61 (A) Males, men, or boys; 62 (B) Females, women, or girls; or 63 (C) Coed. 64 (2) Any student shall be allowed to participate in athletic programs, events, and teams 65 designated as coed. 66 (3) Males, men, or boys shall not be allowed to participate in athletic programs, events, 67 or teams designated for females, women, or girls. 68 H. B. 104 - 3 - 25 LC 49 2008 (4) Females, women, or girls shall not be allowed to participate in athletic programs, 69 events, or teams designated for males, men, or boys. 70 (d)(f) A local school system or public school which operates or sponsors interscholastic 71 or intramural athletics shall undertake all reasonable efforts to provide equal athletic 72 opportunity for members of both genders sexes. In determining whether equal 73 opportunities are available the following factors shall be considered: 74 (1) Whether the selection of sports and levels of competition effectively accommodate 75 the interests and abilities of members of both genders sexes; 76 (2) The provision of equipment and supplies; 77 (3) Scheduling of games and practice time; 78 (4) Travel allowance; 79 (5) Opportunity to receive coaching and academic tutoring; 80 (6) Assignment and compensation of coaches and tutors; 81 (7) Provision of locker rooms and practice and competitive facilities; 82 (8) Provision of medical and training facilities and services; and 83 (9) Publicity. 84 Unequal aggregate expenditures for members of each gender sex or unequal expenditures 85 for male and female teams if a local school system operates or sponsors separate teams will 86 not constitute noncompliance with this subsection, but the failure to provide essential funds 87 for the basic operations of teams for one gender sex may be considered in assessing 88 equality of opportunity for members of each gender sex. Nothing in Code Section 89 20-2-411 shall be construed to limit the authority of a local school system to expend school 90 tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in 91 order to comply with the requirements of this Code section. 92 (d)(g) A local school system may provide separate toilet, locker room, and shower 93 facilities on the basis of gender sex, but such facilities shall be comparable to such facilities 94 provided for students of the other gender sex. 95 H. B. 104 - 4 - 25 LC 49 2008 (e)(h) This Code section does not prohibit the grouping of students in physical education 96 classes by gender sex. 97 (f)(i)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school 98 system sponsors an athletic activity or sport at a particular school that is similar to a sport 99 for which an institution in the University System of Georgia offers an athletic 100 scholarship, it must sponsor the athletic activity or sport for which a scholarship is 101 offered at that school. This paragraph does not affect academic requirements for 102 participation nor prevent the local school system from sponsoring activities in addition 103 to those for which scholarships are provided. 104 (2) Two athletic activities or sports that are similar may be offered simultaneously. 105 (3) If a local school system demonstrates by a bona fide survey of eligible students at the 106 school, which is approved by the Department of Education for compliance with generally 107 accepted opinion survey principles regarding neutral wording and other matters, that there 108 is insufficient interest among students at the school to field a team described in 109 paragraph (1) of this subsection, then the local school system shall not be required to 110 sponsor such athletic activity or sport at that school. The exemption provided for by this 111 paragraph shall be valid for 24 months following the date when the most recent bona fide 112 student survey demonstrating a lack of student interest was completed, unless a new bona 113 fide student survey is conducted within the 24 month period that demonstrates sufficient 114 interest to field a team. If such a new bona fide student survey demonstrates such 115 sufficient interest, then the local school system must comply with paragraph (1) of this 116 subsection during the local school system's next fiscal year and until such time as a new 117 bona fide student survey demonstrates insufficient interest to field a team described in 118 paragraph (1) of this subsection. A local school system shall conduct the bona fide 119 student survey described in this paragraph regarding interest in a team described in 120 paragraph (1) of this subsection upon the request of nine students at the school, but no 121 more frequently than once every 12 months. 122 H. B. 104 - 5 - 25 LC 49 2008 (4) Nothing in this subsection shall be construed to preclude the application of generally 123 applicable policies or rules regarding the cancellation of an athletic activity or sport due 124 to lack of student participation in scheduled practices or contests. 125 (g)(j) Each local school system shall designate at least one employee to coordinate its 126 efforts to comply with and carry out its responsibilities under this Code section, including 127 the investigation of any complaint communicated to such local school system alleging its 128 noncompliance with this Code section. The employee designated under this subsection 129 may be the same person required to be designated under 34 C.F.R. Section 106.8. The 130 local school system annually shall notify all its students of the name, office address, and 131 office telephone number of the employee or employees appointed pursuant to this 132 subsection. Such notification may be included in a student handbook distributed pursuant 133 to Code Section 20-2-736. 134 (h)(k) Each local school system shall adopt and publish grievance procedures providing 135 for prompt and equitable resolution of written student complaints, including complaints 136 brought by a parent or guardian on behalf of his or her minor child who is a student, 137 alleging any action which would be a violation of this Code section. Such procedures shall 138 require that: 139 (1) The employee designated under subsection (g)(j) of this Code section shall render his 140 or her decision in writing no later than 30 days after receipt of the complaint, and such 141 decision shall set forth the essential facts and rationale for the decision; 142 (2) A copy of such decision shall be provided to the complainant within five days of the 143 date of the decision; and 144 (3) A complainant shall have a right to appeal such decision to the local board within 35 145 days of the date of the decision. 146 (i)(l)(1) A complainant may appeal a decision of a local board that is rendered under 147 subsection (h)(k) of this Code section in accordance with the procedures specified in 148 Code Section 20-2-1160. If the State Board of Education determines that a local school 149 H. B. 104 - 6 - 25 LC 49 2008 system has failed to comply with this Code section, then the state board shall provide the 150 local school system with opportunities to prepare a corrective plan. If the state board 151 determines that a corrective plan of the local school system adequately plans and provides 152 for future compliance with this Code section, then the state board shall approve the plan 153 and direct the local school system to implement such plan. 154 (2) If, upon a complaint filed pursuant to subsection (h)(k) of this Code section after one 155 year following the date of a state board order directing implementation of a corrective 156 plan pursuant to paragraph (1) of this subsection but within four years of the date of such 157 order, the state board determines that the local school system which was subject to such 158 order has willfully failed to comply with this Code section, the state board may, after 159 consideration of the local school system's efforts to implement the corrective plan 160 approved in the earlier proceeding and of any other corrective plan that may be submitted 161 by the local school system, transmit a certification of such determination to the 162 Department of Community Affairs. If the state board's determination of noncompliance 163 is later reversed or vacated upon appeal, the state board shall immediately notify the 164 Department of Community Affairs of such action. 165 (3) If, upon a complaint filed pursuant to subsection (h) (k) of this Code section after one 166 year following the date of a state board certification to the Department of Community 167 Affairs pursuant to paragraph (2) of this subsection but within four years of the date of 168 such order, the state board determines that the local school system which was subject to 169 such order has willfully failed to comply with this Code section, the state board may, 170 after consideration of the local school system's efforts to implement a corrective plan 171 approved in an earlier proceeding and of any other corrective plan that may be submitted 172 by the local school system, order that a team or teams within the local school system or 173 school within the local school system shall not participate in interscholastic postseason 174 athletic contests and that participation in violation of such an order may result in 175 withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the 176 H. B. 104 - 7 - 25 LC 49 2008 state board barring participation in interscholastic postseason athletic contests shall be 177 made and announced before the beginning of a school year. 178 (4) If, upon a complaint filed pursuant to subsection (h) (k) of this Code section after one 179 year following the date of a state board order prohibiting participation in interscholastic 180 postseason athletic contests pursuant to paragraph (3) of this subsection but within four 181 years of the date of such order, the state board determines that the local school system 182 which was subject to such order has willfully failed to comply with this Code section, the 183 state board may, after consideration of the local school system's efforts to implement a 184 corrective plan approved in an earlier proceeding and of any other corrective plan that 185 may be submitted by the local school system, withhold state funds that are allotted 186 pursuant to Code Section 20-2-186 in an amount that the state board determines is 187 sufficient to secure the local school system's compliance with this Code section. In the 188 event that state funds are withheld pursuant to this paragraph, such funds shall later be 189 allotted to the local school system at such time as the state board determines that the local 190 school system is in compliance with this Code section. 191 (j)(m) The Department of Education may publish an annual report of local school systems 192 to include information regarding expenditures and participation rates for each gender sex 193 and such other information as the state board and department deem relevant." 194 SECTION 2. 195 Said article is further amended in said part by revising paragraph (1) of subsection (b) and 196 subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic 197 association in high school athletics, as follows: 198 "(1) The athletic association shall comply with the requirements of subsections (a) 199 through (f) (i) of Code Section 20-2-315, as those requirements relate to the athletic 200 association's functions of organizing, sanctioning, scheduling, or rule making for events 201 in which public high schools participate;" 202 H. B. 104 - 8 - 25 LC 49 2008 "(E) The authority and duties of the executive oversight committee shall include: 203 (i) To meet in person or remotely not less than twice each school year; 204 (ii) To meet in person or remotely upon the call of the chairperson or a majority of 205 the executive oversight committee; 206 (iii) To establish policies and procedures for the executive oversight committee; 207 (iv) To conduct any independent audit, review, or investigation the executive 208 oversight committee deems necessary, including, but not limited to, the audit, review, 209 or investigation of the classifications of participating schools and travel-related travel 210 related issues of participating schools; and 211 (v) If the athletic association determines that it is necessary and appropriate to 212 prohibit students whose gender is male from participating in athletic events that are 213 designated for students whose gender is female, then the athletic association may 214 adopt a policy to that effect; provided, however, that such policy shall be applied to 215 all of the athletic association's participating public high schools; and 216 (vi) To conduct an annual evaluation of the athletic association as a whole and 217 present a report of its findings, recommendations, and conclusions to the General 218 Assembly's High School Athletics Overview Committee; and" 219 SECTION 3. 220 All laws and parts of laws in conflict with this Act are repealed. 221 H. 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