Text of GA HB 372 (2021)

21 LC 49 0380 H. B. 372 - 1 - House Bill 372 By: Representatives Jasperse of the 11th, Ridley of the 6th, Cameron of the 1st, Williams of the 145th, Tarvin of the 2nd, and others A BILL TO BE ENTITLED AN ACT To amend Part 14 of Article 6 of Title 20 of the Official Code of Georgia Annotated, relating 1 to other educational programs, so as to provide a definition for the term "gender"; to provide 2 for the classification of athletic events or activities based on gender; to provide for a waiver 3 process; to provide for remedies; to provide for related matters; to repeal conflicting laws; 4 and for other purposes. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 6 SECTION 1. 7 Part 14 of Article 6 of Title 20 of the Official Code of Georgia Annotated, relating to other 8 educational programs, is amended in Code Section 20-2-315, relating to gender 9 discrimination prohibited, authorized separate gender teams, equal athletic opportunity, 10 physical education classes, employee designated to monitor compliance, grievance 11 procedures, and reporting requirements, by revising subsection (a) as follows: 12 "(a) No student shall, on the basis of gender, be excluded from participation in, be denied 13 the benefits of, be treated differently from another student, or otherwise be discriminated 14 against in any interscholastic or intramural athletics offered by a local school system, and 15 no local school system shall provide any such athletics separately on such basis. As used 16 21 LC 49 0380 H. B. 372 - 2 - in this Code section, the term 'gender' means a person's biological sex at birth and shall 17 be recognized based on a person's reproductive organs at birth." 18 SECTION 2. 19 Said part is further amended by revising Code Section 20-2-316, relating to involvement of 20 athletic association in high school athletics, as follows: 21 "20-2-316. 22 (a) As used in this Code section, the term: 23 (1) 'Athletic 'athletic association' means any association of schools or any other similar 24 organization which acts as an organizing, sanctioning, scheduling, or rule-making body 25 for interscholastic athletic events in which public high schools in this state participate. 26 (2) 'Gender' means a person's biological sex at birth and shall be recognized based on a 27 person's reproductive organs at birth. 28 (b) No high school which receives funding under this article shall participate in, sponsor, 29 or provide coaching staff for interscholastic sports events which are conducted under the 30 authority of, conducted under the rules of, or scheduled by any athletic association unless 31 the charter, bylaws, or other governing documents of such athletic association comply with 32 this Code section. In order to comply with this Code section, such charter, bylaws, or other 33 governing documents shall provide that: 34 (1) The athletic association shall comply with the requirements of subsections (a) 35 through (f) of Code Section 20-2-315, as those requirements relate to the athletic 36 association's functions of organizing, sanctioning, scheduling, or rule making for events 37 in which public high schools participate; 38 (2)(A) Classifications to participate in any athletic event or activity based on gender 39 shall require that such events or activities conducted exclusively for male students shall 40 include only students whose gender is male and such events or activities conducted 41 exclusively for female students shall include only students whose gender is female. 42 21 LC 49 0380 H. B. 372 - 3 - (B) A student age 18 or older, or a parent or guardian of a student under age 18, may 43 request a waiver of the requirement provided for in subparagraph (A) of this paragraph 44 from the governing body of the athletic association by submitting a written petition 45 which shall include, at a minimum, information regarding the student's gender based 46 on the student's reproductive organs, genetic makeup, and other medically relevant 47 factors. The governing body of the athletic association shall appoint a panel of three 48 physicians to review such petitions and make recommendations to the athletic 49 association for responding to the petition. The athletic association shall ensure petitions 50 are reviewed with due diligence and shall provide a written response to the petitioner 51 so as to avoid undue delay; 52 (C) Any student who is deprived of an opportunity to participate in an athletic event 53 or activity or suffers any direct or indirect harm as a result of the application of the 54 provisions of this paragraph shall have a private cause of action for injunctive relief, 55 damages, and any other relief available under law against such athletic association; 56 provided, however, that no physician acting in a voluntary capacity shall be liable for 57 civil damages or subject to disciplinary action under professional licensing regulations 58 as a result of the activities authorized or required by this Code section when such acts 59 are committed as an ordinarily reasonably prudent physician would have acted under 60 the same or similar circumstances. Actions for relief brought pursuant to this 61 subparagraph shall be initiated within one year after the right of action accrues; 62 (3) The athletic association shall comply with the requirements of Article 4 of Chapter 63 18 of Title 50, relating to the inspection of public records, and Chapter 14 of Title 50, 64 relating to open and public meetings, to the extent that such records and meetings relate 65 to the athletic association's activities with respect to public high schools; provided, 66 however, that such athletic association shall not be required to comply with such statutes 67 or to conduct open and public meetings or provide inspection of records where the sole 68 subject of such meeting or record pertains to the academic records or performance of an 69 21 LC 49 0380 H. B. 372 - 4 - individual student or the eligibility of an individual student to participate or to continue 70 to participate in sponsored events or contests based on academics; provided, further, 71 however, that where a meeting or record of such association is devoted in part to matters 72 excepted in the preceding proviso, any portion of the meeting or record not subject to 73 such exception shall be open to the public; and 74 (3)(4) Not The athletic association shall, no later than October 1 of each year, 2003, and 75 every year thereafter, the athletic association shall submit a report to the General 76 Assembly regarding its compliance with paragraph paragraphs (1) and (2) of this 77 subsection. Such report shall address the number, type, and disposition of written 78 requests for the association to organize and administer regional or state events for 79 additional or different sports athletic events or activities; written requests for information 80 regarding the types of athletic events or activities for public high school students that the 81 association organizes and administers; written petitions for waivers provided for in 82 subparagraph (b)(2)(B) of this Code section; and written inquiries and complaints 83 received by the association with respect to gender discrimination in connection with 84 public high school athletic events or activities. The report shall address all such written 85 requests, inquiries, and complaints, regardless of whether such request, inquiry, or 86 complaint is made by letter, e-mail email, memorandum, or any other form of written 87 communication. Each report shall cover the time period beginning on July 1 of the 88 previous year and ending on June 30 of the year in which the report is due. The initial 89 report due on October 1, 2003, shall cover the time periods of July 1, 2000, through June 90 30, 2001; July 1, 2001, through June 30, 2002; and July 1, 2002, through June 30, 2003. 91 In addition, the athletic association shall have in effect a policy requiring notification to 92 persons who make such requests, inquiries, or complaints verbally that such request, 93 inquiry, or complaint will not be included in the association's reporting to the General 94 Assembly regarding compliance with this Code section unless such request, inquiry, or 95 complaint is made in writing." 96 21 LC 49 0380 H. B. 372 - 5 - SECTION 3. 97 All laws and parts of laws in conflict with this Act are repealed. 98