Text of GA SB 1 (2025)

25 LC 49 2089 Senate Bill 1 By: Senators Dolezal of the 27th, Kennedy of the 18th, Gooch of the 51st, Beach of the 21st, Robertson of the 29th and others A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to 1 provide generally for competitively fair and safe student participation in middle school, high 2 school, and college sports; to provide for legislative findings and intent; to provide for a short 3 title; to promote fair and safe competition; to provide for equal athletic opportunities and 4 safety; to provide for specific designations of teams operated or sponsored by local school 5 systems, public schools, participating private schools, and postsecondary educational 6 institutions in this state; to prohibit males from participating in interscholastic and 7 intercollegiate competitions on teams designated as female; to prohibit females from 8 participating in competition on intercollegiate teams designated as male, subject to 9 exceptions; to provide for such exceptions; to provide for interscholastic coed team 10 designations; to provide for the use of student eligibility rules, standards, and classifications; 11 to provide for exceptions to general provisions; to require multiple occupancy restrooms and 12 changing areas and sleeping quarters to be designated for exclusive use by males or females; 13 to provide for reasonable accommodations; to provide for exceptions; to prohibit 14 postsecondary educational institutions that are covered entities from hosting or sponsoring 15 intercollegiate competitions that allow males to participate with teams designated as female 16 or use multiple occupancy restrooms or changing areas and sleeping quarters designated for 17 use by females; to provide for policies, rules, and regulations; to provide for investigation of 18 S. B. 1 - 1 - 25 LC 49 2089 complaints of noncompliance; to provide for sanctions; to provide for a cause of action; to 19 provide for definitions; to provide for statutory construction; to provide for related matters; 20 to repeal conflicting laws; and for other purposes. 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 22 SECTION 1. 23 (a) The General Assembly finds that: 24 (1) There are inherent physical differences between males and females; 25 (2) Decisions regarding the regulation of sports should be based on promoting and 26 preserving competitive fairness and protecting student safety; 27 (3) Protecting student athletes from harm and promoting and preserving the competitive 28 fairness of sports are important state interests; and 29 (4) Requiring the designation of separate, sex-specific athletic teams or sports is necessary 30 to protect student athletes from harm and to promote and preserve the competitive fairness 31 of sports. 32 (b) It is the intent of the General Assembly that: 33 (1) Student athletes have competitively fair and safe opportunities to participate and 34 succeed in sports; and 35 (2) Female student athletes have fair opportunities to demonstrate their strength, skills, and 36 athletic abilities and to obtain recognition, accolades, college scholarships, and the 37 numerous other long-term benefits that result from participating and competing in sports. 38 SECTION 2. 39 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 40 14 of Article 6 of Chapter 2, relating to other educational programs under the "Quality Basic 41 S. B. 1 - 2 - 25 LC 49 2089 Education Act," by revising Code Section 20-2-315, relating to gender discrimination 42 prohibited, authorized separate gender teams, equal athletic opportunity, physical education 43 classes, employee designated to monitor compliance, grievance procedures, and reporting 44 requirements, as follows: 45 "20-2-315. 46 (a) This Code section shall be known and may be cited as the 'Fair and Safe Athletic 47 Opportunities Act.' 48 (b) As used in this Code section, the term: 49 (1) 'Coed' means the inclusion of both males and females. 50 (2) 'Compete,' 'competitive,' or 'competition' means a contest of teams in a sport. Such 51 term shall not include practices, exhibitions, or scrimmages. 52 (3) 'Contact sport' means a sport the purpose or a substantial component of which 53 involves significant bodily contact. Such term includes, but shall not be limited to, 54 basketball, boxing, football, ice hockey, lacrosse, martial arts, soccer, rugby, and 55 wrestling. 56 (4) 'Covered entity' means local school systems, public schools, and participating private 57 schools. 58 (5) 'Female' means a student whose sex is female or pertaining to a student whose sex 59 is female. 60 (6) 'Male' means a student whose sex is male or pertaining to a student whose sex is 61 male. 62 (7) 'Multiple occupancy restroom or changing area' means an area in a covered entity's 63 building that is designed or designated to be used by one or more individuals of the same 64 sex at the same time and in which one or more individuals may be in various stages of 65 undress in the presence of other individuals. Such term includes, but shall not be limited 66 to: 67 S. B. 1 - 3 - 25 LC 49 2089 (A) Restrooms; 68 (B) Locker rooms; 69 (C) Changing rooms; and 70 (D) Shower rooms. 71 (8) 'Participating private school' means a private school in this state which operates or 72 sponsors one or more teams that compete against one or more teams operated or 73 sponsored by a local school system or public school in this state; provided, however, that 74 such term shall apply to such private schools only when and to the extent a team operated 75 or sponsored by such a private school is participating in a competition that also involves 76 one or more teams operated or sponsored by a local school system or public school in this 77 state. 78 (9) 'Sex' means a student's biological sex based exclusively on the student's reproductive 79 biology and genetics at birth. For purposes of this Code section, a statement of a student's 80 biological sex on the student's official birth certificate shall be deemed to have correctly 81 stated such student's biological sex at birth if the statement was included on such birth 82 certificate at or near the time of the student's birth. 83 (10) 'Sleeping quarters' means a room with a bed in which more than one individual is 84 housed overnight. 85 (11) 'Sport' means an organized activity involving skill and physical effort undertaken 86 by one or more teams according to established rules. Such term includes each such 87 organized activity regardless of whether it is designated as a sport, an activity, or another 88 similar designation by an athletic association that meets the requirements of Code 89 Sections 20-2-316 through 20-2-316.3, 20-2-319, and 20-2-319.6. 90 (12) 'Student athlete' means a student enrolled at a covered entity who participates or is 91 eligible to participate on any sport or team. A student who is permanently ineligible to 92 S. B. 1 - 4 - 25 LC 49 2089 participate on a particular sport or team is not a student athlete for the purposes of such 93 sport or team. 94 (13) 'Team' means a single student or a group of students operated and sponsored by a 95 covered entity for the purpose of participating in a sport. 96 (c)(1) No student shall, on the basis of sex gender, be excluded from participation in, be 97 denied the benefits of, be treated differently from another student, or otherwise be 98 discriminated against in any interscholastic or intramural athletics offered sport operated 99 or sponsored by a local school system or a public school, and no local school system shall 100 provide any such athletics separately on such basis. 101 (b)(2) A Notwithstanding the requirements of subsection (a) of this Code section, a local 102 school system or public school shall be authorized to may operate or sponsor separate 103 teams for members of each gender sex where selection for such teams is based upon 104 competitive skill, competitive fairness, student safety, or the activity sport involved is a 105 contact sport. 106 (3) Except as provided in subsection (d) of this Code section, when However, where a 107 local school system or public school operates or sponsors a team in a particular sport for 108 members of one gender sex but operates or sponsors no such team for members of the 109 other gender sex, and athletic opportunities for members of that gender sex in that 110 particular sport have previously been limited, members of the excluded gender must sex 111 shall be allowed to try out for the team offered unless the sport involved is a contact 112 sport. Nothing in this subsection shall be construed to limit the authority of a local school 113 system or public school to operate or sponsor a single team for a contact sport, or where 114 selection for participation on such team is based upon competitive fairness or student 115 safety, that includes members of both genders sexes; provided, however, that such team 116 shall be designated as coed as provided for in subsection (d) of this Code section. As 117 used in this subsection, the term 'contact sport' includes boxing, wrestling, rugby, ice 118 S. B. 1 - 5 - 25 LC 49 2089 hockey, football, basketball, and any other sport the purpose or major activity of which 119 involves bodily contact. 120 (d)(1) For all interscholastic competitions, each covered entity shall designate each team 121 operated or sponsored by such covered entity as one of the following: 122 (A) Male; 123 (B) Female; or 124 (C) Coed. 125 (2) Males shall not be allowed to participate in any interscholastic competition on any 126 team that is designated as female. 127 (3) Any student shall be allowed to participate in any interscholastic competition on a 128 team that is designated as male or coed. 129 (4) Nothing in this subsection shall be construed to prohibit males from participating in 130 practices, exhibitions, or scrimmages with teams designated as female. 131 (5) The provisions of this subsection shall not apply to teams comprised exclusively of 132 students in kindergarten through grade 5. 133 (c)(e)(1) A local school system or public school which operates or sponsors 134 interscholastic or intramural athletics teams shall undertake all reasonable efforts to 135 provide equal athletic opportunity for members of both genders sexes. In determining 136 whether equal opportunities are available, the following factors shall be considered: 137 (1)(A) Whether the selection of sports and levels of competition effectively 138 accommodate the interests and abilities of members of both genders sexes; 139 (2)(B) The provision of equipment and supplies; 140 (3)(C) Scheduling of games and practice time; 141 (4)(D) Travel allowance; 142 (5)(E) Opportunity to receive coaching and academic tutoring; 143 (6)(F) Assignment and compensation of coaches and tutors; 144 S. B. 1 - 6 - 25 LC 49 2089 (7)(G) Provision of locker rooms multiple occupancy restroom or changing areas and 145 practice and competitive facilities; 146 (8)(H) Provision of medical and training facilities and services; and 147 (9)(I) Publicity. 148 (2) Unequal aggregate expenditures for members of each gender sex or unequal 149 expenditures for male and female teams if a local school system or public school operates 150 or sponsors separate teams will shall not constitute noncompliance with this subsection, 151 but; provided, however, that the failure to provide essential funds for the basic operations 152 of teams for one gender sex may be considered in assessing equality of opportunity for 153 members of each gender sex. 154 (3) Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local 155 school system or public school to expend school tax funds as authorized by Article VIII, 156 Section VI, Paragraph I(b) of the Constitution in order to comply with the requirements 157 of this Code section. 158 (d)(f)(1) Each covered entity shall A local school system may provide separate toilet, 159 locker room, and shower facilities multiple occupancy restrooms or changing areas and 160 sleeping quarters on the basis of gender, but sex, and such facilities shall be comparable 161 to such facilities provided for students of the other gender sex. 162 (2)(A) No covered entity shall operate or sponsor one or more teams in any 163 interscholastic competition involving a local school system or public school that 164 permits a male to use any multiple occupancy restroom or changing area or sleeping 165 quarters designated for females in conjunction with such competition. 166 (B) No covered entity shall operate or sponsor one or more teams in any interscholastic 167 competition involving a local school system or public school that permits a female to 168 use any multiple occupancy restroom or changing area or sleeping quarters designated 169 for males in conjunction with such competition. 170 S. B. 1 - 7 - 25 LC 49 2089 (3)(A) To ensure the privacy and safety of student athletes, each covered entity that 171 operates or sponsors one or more teams in any interscholastic competition involving a 172 local school system or public school shall, in conjunction with such competition: 173 (i) Designate each multiple occupancy restroom or changing area and sleeping 174 quarters for exclusive use by males or for exclusive use by females; and 175 (ii) Provide a reasonable accommodation to individuals who are unwilling or unable 176 to use a multiple occupancy restroom or changing area or sleeping quarters designated 177 for each such individual's sex. 178 (B) A reasonable accommodation under this paragraph may include, but shall not be 179 limited to, allowing such individual to access a single occupancy restroom or changing 180 area or sleeping quarters. 181 (C) A reasonable accommodation under this paragraph shall not include allowing such 182 individual to access a multiple or single occupancy restroom or changing area or 183 sleeping quarters that is designated for use by members of the other sex while members 184 of the other sex of the individual are present or may be present in such restroom or 185 changing area or sleeping quarters. 186 (e)(g) This Code section does shall not prohibit the grouping of students in physical 187 education classes by gender sex. 188 (f)(h)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school 189 system or public school sponsors an athletic activity or a sport at a particular school that 190 is similar to a sport for which an institution in the University System of Georgia offers 191 an athletic scholarship, it must shall sponsor the athletic activity or sport for which a 192 scholarship is offered at that school. This paragraph does shall not affect academic 193 requirements for participation nor prevent the local school system or public school from 194 sponsoring activities in addition to those for which scholarships are provided. 195 (2) Two athletic activities or sports that are similar may be offered simultaneously. 196 S. B. 1 - 8 - 25 LC 49 2089 (3) If a local school system or public school demonstrates by a bona fide survey of 197 eligible students at the school, which is approved by the Department of Education for 198 compliance with generally accepted opinion survey principles regarding neutral wording 199 and other matters, that there is insufficient interest among students at the school to field 200 a team described in paragraph (1) of this subsection, then the local school system or 201 public school shall not be required to sponsor such athletic activity or sport at that school. 202 The exemption provided for by this paragraph shall be valid for 24 months following the 203 date when the most recent bona fide student survey demonstrating a lack of student 204 interest was completed, unless a new bona fide student survey is conducted within the 24 205 month period that demonstrates sufficient interest to field a team. If such a new bona fide 206 student survey demonstrates such sufficient interest, then the local school system or 207 public school shall must comply with paragraph (1) of this subsection during the local 208 school system's next fiscal school year and until such time as a new bona fide student 209 survey demonstrates insufficient interest to field a team described in paragraph (1) of this 210 subsection. A local school system or public school shall conduct the bona fide student 211 survey described in this paragraph regarding interest in a team described in paragraph (1) 212 of this subsection upon the request of nine students at the school, but no more frequently 213 than once every 12 months. 214 (4) Nothing in this subsection shall be construed to preclude the application of generally 215 applicable policies or rules regarding the cancellation of an athletic activity or a sport due 216 to lack of student participation in scheduled practices or contests competitions. 217 (g)(i) Each local school system covered entity shall designate at least one employee to 218 coordinate its efforts to comply with and carry out its responsibilities under this Code 219 section, including the investigation of any complaint communicated to such local school 220 system covered entity alleging its noncompliance with this Code section. The employee 221 designated under this subsection may be the same person individual required to be 222 S. B. 1 - 9 - 25 LC 49 2089 designated under 34 C.F.R. Section 106.8, as it existed on June 30, 2024. Each covered 223 entity The local school system annually shall annually notify all its students of the name, 224 office address, and office telephone number of the employee or employees appointed 225 pursuant to this subsection. Such notification may be included in a student handbook code 226 of conduct distributed pursuant to Code Section 20-2-736. 227 (h)(j) Each local school system covered entity shall adopt and publish grievance 228 procedures providing for prompt and equitable resolution of written student complaints, 229 including complaints brought by a parent or guardian on behalf of his or her minor child 230 who is a student, alleging any action which would be a violation of this Code section. Such 231 procedures shall require that: 232 (1)(A) Except as provided in subparagraph (B) of this paragraph, the The employee 233 designated under subsection (g)(i) of this Code section shall render his or her decision 234 in writing no later than 30 days after receipt of the complaint, and such decision shall 235 set forth the essential facts and rationale for the decision; 236 (B)(i) A student who is aggrieved by an alleged violation or anticipated violation of 237 this Code section or his or her parent or guardian shall have a right to file a complaint 238 with the employee designated in subsection (i) of this Code section with a request for 239 an expedited preliminary determination as to whether a violation of this Code section 240 exists or is about to occur. 241 (ii) If an alleged violation or anticipated violation of this Code section is 242 preliminarily determined by the employee designated in subsection (i) of this Code 243 section to have occurred or is reasonably likely to occur, such designated employee 244 shall issue a preliminary decision immediately and shall be authorized to direct in 245 writing that the alleged violation or anticipated violation cease and desist pending a 246 final resolution of such complaint. 247 S. B. 1 - 10 - 25 LC 49 2089 (iii) If a complaint with a request for an expedited preliminary determination brought 248 pursuant to this subparagraph is rejected in whole or in part by the employee 249 designated in subsection (i) of this Code section, such designated employee shall 250 render his or her decision rejecting such complaint in writing to the complainant, and 251 such decision shall set forth the essential facts and rationale for the decision; 252 (2) A copy of such decision shall be provided to the complainant within five days of as 253 soon as practicable but not later than the second business day following the date of the 254 decision; and 255 (3) A complainant shall have a right to appeal such decision to the local board of 256 education or other public school governing body, in the case of a public school, or the 257 participating private school's governing body, in the case of a participating private school, 258 within 35 days of the date of the decision. A ruling on such appeal shall be rendered in 259 writing in writing no later than 35 days after receipt of the appeal, and such decision shall 260 set forth the essential facts and rationale for the ruling. 261 (i)(k)(1) A complainant may appeal a decision of a local board that is rendered under 262 subsection (h)(j) of this Code section in accordance with the procedures specified in Code 263 Section 20-2-1160. If the State Board of Education determines that a local school system 264 or public school has failed to comply with this Code section, then the state board shall 265 provide the local school system or public school with opportunities to prepare a 266 corrective plan. If the state board determines that a corrective plan of the local school 267 system or public school adequately plans and provides for future compliance with this 268 Code section, then the state board shall approve the plan and direct the local school 269 system or public school to implement such plan. 270 (2) If, upon a complaint filed pursuant to subsection (h)(j) of this Code section after one 271 year following the date of a state board order directing implementation of a corrective 272 plan pursuant to paragraph (1) of this subsection but within four years of the date of such 273 S. B. 1 - 11 - 25 LC 49 2089 order, the state board determines that the local school system or public school which was 274 subject to such order has willfully failed to comply with this Code section, the state board 275 may, after consideration of the local school system's or public school's efforts to 276 implement the corrective plan approved in the earlier proceeding and of any other 277 corrective plan that may be submitted by the local school system or public school, 278 transmit a certification of such determination to the Department of Community Affairs. 279 If the state board's determination of noncompliance is later reversed or vacated upon 280 appeal, the state board shall immediately notify the Department of Community Affairs 281 of such action. 282 (3) If, upon a complaint filed pursuant to subsection (h)(j) of this Code section after one 283 year following the date of a state board certification to the Department of Community 284 Affairs pursuant to paragraph (2) of this subsection but within four years of the date of 285 such order, the state board determines that the local school system or public school which 286 was subject to such order has willfully failed to comply with this Code section, the state 287 board may, after consideration of the local school system's or public school's efforts to 288 implement a corrective plan approved in an earlier proceeding and of any other corrective 289 plan that may be submitted by the local school system or public school, order that a team 290 or teams within the local school system or public school within the local school system 291 shall not participate in interscholastic postseason athletic contests competitions and that 292 participation in violation of such an order may result in withholding of state funds allotted 293 pursuant to Code Section 20-2-186. An order of the state board barring participation in 294 interscholastic postseason athletic contests competitions shall be made and announced 295 before the beginning of a school year. 296 (4) If, upon a complaint filed pursuant to subsection (h)(j) of this Code section after one 297 year following the date of a state board order prohibiting participation in interscholastic 298 postseason athletic contests competitions pursuant to paragraph (3) of this subsection but 299 S. B. 1 - 12 - 25 LC 49 2089 within four years of the date of such order, the state board determines that the local 300 school system or public school which was subject to such order has willfully failed to 301 comply with this Code section, the state board may, after consideration of the local school 302 system's or public school's efforts to implement a corrective plan approved in an earlier 303 proceeding and of any other corrective plan that may be submitted by the local school 304 system or public school, withhold state funds that are allotted pursuant to Code Section 305 20-2-186 in an amount that the state board determines is sufficient to secure the local 306 school system's or public school's compliance with this Code section. In the event that 307 state funds are withheld pursuant to this paragraph, such funds shall later be allotted to 308 the local school system or public school at such time as the state board determines that 309 the local school system or public school is in compliance with this Code section. 310 (j)(l) The Department of Education may publish an annual report of local school systems 311 and public schools which may to include information regarding expenditures and 312 participation rates for each gender sex and such other information as the state board and 313 department deem relevant. 314 (m)(1) In addition to any other rights or remedies otherwise provided by law, any 315 student: 316 (A) Who is deprived of an athletic opportunity or suffers any direct or indirect harm 317 as a result of a violation of this Code section shall have a private right of action to 318 enforce the provisions of this Code section through injunctive or declaratory relief in 319 the superior court of the county in which the relevant covered entity or competition is 320 located. If an aggrieved student or such student's parent or guardian is the prevailing 321 party in such action, such student or such student's parent or guardian shall be entitled 322 to an award of reasonable attorney's fees, court costs, and expenses of litigation, but 323 shall not be entitled to any monetary damages; or 324 S. B. 1 - 13 - 25 LC 49 2089 (B) Who is subject to retaliation or other adverse action by a covered entity or a local, 325 state, regional, or national athletic conference or association as a result of reporting a 326 violation of this Code section to an employee or representative such covered entity, 327 athletic association or conference, or to any state or federal agency with oversight over 328 covered entities in this state, shall have a private cause of action for injunctive relief, 329 damages, and any other relief available under law against the covered entity or athletic 330 association or conference. If an aggrieved student or such student's parent or guardian 331 is the prevailing party in such action, the student or student's parent or guardian is the 332 prevailing party in such action, such student shall be entitled to an award of monetary 333 damages, including for any psychological, emotional, or physical harm suffered, 334 reasonable attorney's fees, court costs, and expenses of litigation, and any other 335 appropriate relief. 336 (2) All civil actions brought under this subsection shall be initiated within two years after 337 the alleged harm occurred. 338 (n) Nothing in this Code section shall be construed to abrogate or otherwise affect the 339 operation or application of the federal Individuals with Disabilities Education Act (IDEA), 340 Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with 341 Disabilities Act of 1990." 342 SECTION 3. 343 Said title is further amended in said part by revising paragraph (1) of subsection (b) and 344 subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic 345 association in high school athletics, as follows: 346 "(1) The athletic association shall comply with the requirements of subsections (a) 347 through (f)(h) of Code Section 20-2-315, as those requirements relate to the athletic 348 S. B. 1 - 14 - 25 LC 49 2089 association's functions of organizing, sanctioning, scheduling, or rule making for events 349 in which public high schools participate;" 350 "(E) The authority and duties of the executive oversight committee shall include: 351 (i) To meet in person or remotely not less than twice each school year; 352 (ii) To meet in person or remotely upon the call of the chairperson or a majority of 353 the executive oversight committee; 354 (iii) To establish policies and procedures for the executive oversight committee; 355 (iv) To conduct any independent audit, review, or investigation the executive 356 oversight committee deems necessary, including, but not limited to, the audit, review, 357 or investigation of the classifications of participating schools and travel-related travel 358 related issues of participating schools; and 359 (v) If the athletic association determines that it is necessary and appropriate to 360 prohibit students whose gender is male from participating in athletic events that are 361 designated for students whose gender is female, then the athletic association may 362 adopt a policy to that effect; provided, however, that such policy shall be applied to 363 all of the athletic association's participating public high schools; and 364 (vi) To conduct an annual evaluation of the athletic association as a whole and 365 present a report of its findings, recommendations, and conclusions to the General 366 Assembly's High School Athletics Overview Committee; and" 367 SECTION 4. 368 Said title is further amended in Article 1 of Chapter 3, relating to postsecondary education 369 generally, by designating Code Section 20-3-1, relating to definitions, as Part 1, and by 370 adding a new part to read as follows: 371 "Part 3 372 S. B. 1 - 15 - 25 LC 49 2089 20-3-15. 373 As used in this part, the term: 374 (1) 'Competition' means a contest of teams in a sport. Such term shall not include 375 practices, exhibitions, or scrimmages. 376 (2) 'Covered entity' means Georgia state schools and participating nonstate schools. 377 (3) 'Female' means a student whose sex is female or pertaining to a student whose sex 378 is female. 379 (4) 'Georgia state school' means a postsecondary educational institution which is: 380 (A) A unit of the University System of Georgia; or 381 (B) A unit of the Technical College System of Georgia. 382 (5) 'Governing body' means the individual or entity responsible for establishing the 383 policies, rules, and regulations for a covered entity, including, but not limited to, such 384 policies, rules, and regulations for the operation of such covered entity's athletic 385 department, if any, and the operation or sponsorship of such covered entity's 386 intercollegiate competitions, sports, and teams. Such term shall not include any local, 387 state, regional, or national athletic conference or athletic association. 388 (6) 'Male' means a student whose sex is male or pertaining to a student whose sex is 389 male. 390 (7) 'Multiple occupancy restroom or changing area' means an area in a postsecondary 391 educational institution's building that is designed or designated to be used by one or more 392 individuals of the same sex at the same time and in which one or more individuals may 393 be in various stages of undress in the presence of other individuals. Such term includes, 394 but shall not be limited to: 395 (A) Restrooms; 396 (B) Locker rooms; 397 (C) Changing rooms; and 398 S. B. 1 - 16 - 25 LC 49 2089 (D) Shower rooms. 399 (8) 'Participating nonstate school' means a private postsecondary educational institution 400 that is eligible for tuition equalization grants in accordance with the provisions of Code 401 Section 20-3-411 or any other private or public postsecondary educational institution that 402 is not a Georgia state school whose students or teams participate in intercollegiate 403 competitions against students or teams from a Georgia state school in this state; provided, 404 however, that such term shall apply to such an institution only when and to the extent that 405 such institution is participating in an intercollegiate competition against a Georgia state 406 school in this state; and provided, further, that such term shall not apply to institutions 407 when participating in intercollegiate competitions in this state exclusively against one or 408 more other such institutions. 409 (9) 'Sex' means a student's biological sex based exclusively on the student's reproductive 410 biology and genetics at birth. For purposes of this Code section, a statement of a student's 411 biological sex on the student's official birth certificate shall be deemed to have correctly 412 stated such student's biological sex at birth if the statement was included on such birth 413 certificate at or near the time of the student's birth. 414 (10) 'Sleeping quarters' means a room with a bed in which more than one individual is 415 housed overnight. 416 (11) 'Sport' means an organized activity involving skill and physical effort undertaken 417 by one or more teams according to established rules. 418 (12) 'Student athlete' means a student enrolled at a covered entity who participates in or 419 is eligible to participate on any sport or team. A student who is permanently ineligible 420 to participate on a particular sport or team is not a student athlete for the purposes of such 421 sport or team. 422 (13) 'Team' means a single student or a group of students operated and sponsored by a 423 covered entity for the purpose of participating in a sport. 424 S. B. 1 - 17 - 25 LC 49 2089 20-3-16. 425 (a) Each governing body in this state shall adopt such policies, rules, and regulations as 426 necessary to ensure the following for all intercollegiate competitions involving covered 427 entities in this state: 428 (1) Each covered entity shall designate each team operated or sponsored by such covered 429 entity as one of the following: 430 (A) Male; or 431 (B) Female; 432 (2)(A) Males shall not be allowed to participate in any intercollegiate competition in 433 this state on any team that is designated as female; 434 (B) Females shall not be allowed to participate in any intercollegiate competition in 435 this state on any team that is designated as male; provided, however, that females may 436 be allowed to participate in an intercollegiate competition in this state on a team that 437 is designated as male if a corresponding team designated for females is not offered or 438 available for intercollegiate competitions; 439 (3)(A) Multiple occupancy restrooms or changing areas and sleeping quarters shall be 440 available to student athletes on the basis of sex and such facilities shall be comparable 441 to such facilities provided for students of the other sex; 442 (B) No covered entity shall operate or sponsor one or more teams in any intercollegiate 443 competition in this state that permits a male to use any multiple occupancy restroom or 444 changing area or sleeping quarters designated for use by females in conjunction with 445 such competition; 446 (C) No covered entity shall operate or sponsor one or more teams in any intercollegiate 447 competition in this state that permits a female to use any multiple occupancy restroom 448 or changing area or sleeping quarters designated for use by males in conjunction with 449 such competition; 450 S. B. 1 - 18 - 25 LC 49 2089 (D) To ensure the privacy and safety of student athletes, each covered entity that 451 operates or sponsors one or more teams in any intercollegiate competition shall, in 452 conjunction with such competition: 453 (i) Designate each multiple occupancy restroom or changing area and sleeping 454 quarters for exclusive use by males or for exclusive use by females; and 455 (ii) Provide a reasonable accommodation to individuals who are unwilling or unable 456 to use a multiple occupancy restroom or changing area or sleeping quarters designated 457 for each such individual's sex; and 458 (E)(i) A reasonable accommodation under this paragraph may include, but shall not 459 be limited to, allowing such individual to access a single occupancy restroom or 460 changing area or sleeping quarters; and 461 (ii) A reasonable accommodation under this paragraph shall not include allowing 462 such individual to access a multiple or single occupancy restroom or changing area 463 or sleeping quarters that is designated for use by members of the other sex while 464 members of the other sex of the individual are present or may be present in such 465 restroom or changing area or sleeping quarters; and 466 (4) No covered entity shall host, sponsor, or participate in any intercollegiate competition 467 in this state that permits a male to: 468 (A) Participate in any intercollegiate competition in this state on any team that is 469 designated as female; or 470 (B) Use any multiple occupancy restroom or changing area or sleeping quarters 471 designated for use by females in conjunction with such competition. 472 (b) Nothing in this Code section shall be construed to prohibit males from participating in 473 practices, exhibitions, or scrimmages with teams designated as female. 474 (c) Any covered entity or governing body that violates any provision of subsection (a) of 475 this Code section shall be subject to the withholding of state funding. Such withholding 476 S. B. 1 - 19 - 25 LC 49 2089 of state funding may include funds provided to one or more postsecondary educational 477 institutions or governing bodies directly, as well as funding for scholarships, loans, and 478 grants pursuant to this chapter for students of such postsecondary educational institutions. 479 (d)(1) In addition to any other rights or remedies otherwise provided by law, any student: 480 (A) Who is deprived of an athletic opportunity or suffers any direct or indirect harm 481 as a result of a violation of this Code section shall have a private right of action to 482 enforce the provisions of this Code section through injunctive or declaratory relief in 483 the superior court of the county in which the relevant covered entity or intercollegiate 484 competition is located. If an aggrieved student is the prevailing party in such action, 485 such student shall be entitled to an award of reasonable attorney's fees, court costs, and 486 expenses of litigation, but shall not be entitled to any monetary damages; or 487 (B) Who is subject to retaliation or other adverse action by a covered entity, a 488 governing body, or a local, state, regional, or national athletic conference or athletic 489 association as a result of reporting a violation of this Code section to an employee or 490 representative such covered entity, governing body, athletic conference or athletic 491 association, or to any state or federal agency with oversight over postsecondary 492 educational institutions in this state, shall have a private cause of action for injunctive 493 relief, damages, and any other relief available under law against the postsecondary 494 educational institution, governing body, athletic association or conference. If an 495 aggrieved student is the prevailing party in such action, such student shall be entitled 496 to an award of monetary damages, including for any psychological, emotional, or 497 physical harm suffered, reasonable attorney's fees, court costs, and expenses of 498 litigation, and any other appropriate relief. 499 (2) All civil actions brought under this subsection shall be initiated within two years after 500 the alleged harm occurred. 501 S. B. 1 - 20 - 25 LC 49 2089 (e) Nothing in this Code section shall be construed to abrogate or otherwise affect the 502 operation or application of Section 504 of the federal Rehabilitation Act of 1973, the 503 federal Americans with Disabilities Act of 1990, or the federal Health Insurance Portability 504 and Accountability Act of 1996, P.L. 104-191." 505 SECTION 5. 506 All laws and parts of laws in conflict with this Act are repealed. 507 S. B. 1 - 21 -

25 LC 49 2383S Senate Bill 1 By: Senators Dolezal of the 27th, Kennedy of the 18th, Gooch of the 51st, Beach of the 21st, Robertson of the 29th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to 1 enact the "Riley Gaines Act of 2025"; to provide generally for competitively fair and safe 2 student participation in school and college sports; to provide for legislative findings and 3 intent; to promote fair and safe competition; to provide for equal athletic opportunities and 4 safety; to provide for specific designations of teams operated or sponsored by local school 5 systems, public schools, participating private schools, and postsecondary educational 6 institutions in this state; to prohibit males from participating in interscholastic and 7 intercollegiate competitions on teams designated as female; to prohibit females from 8 participating in competition on intercollegiate teams designated as male, subject to 9 exceptions; to provide for such exceptions; to provide for interscholastic coed team 10 designations; to provide for the use of student eligibility rules, standards, and classifications; 11 to provide for exceptions to general provisions; to require multiple occupancy restrooms and 12 changing areas and sleeping quarters to be designated for exclusive use by males or females; 13 to provide for reasonable accommodations; to provide for exceptions; to prohibit 14 postsecondary educational institutions that are covered entities from hosting or sponsoring 15 intercollegiate competitions that allow males to participate with teams designated as female 16 or use multiple occupancy restrooms or changing areas and sleeping quarters designated for 17 use by females; to prohibit such covered entities from awarding to males scholarships 18 S. B. 1 - 1 - 25 LC 49 2383S intended for female team members; to provide for policies, rules, and regulations; to provide 19 for investigation of complaints of noncompliance; to provide for sanctions; to provide for a 20 cause of action; to provide for definitions; to provide for statutory construction; to provide 21 for a short title; to provide for related matters; to repeal conflicting laws; and for other 22 purposes. 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 24 SECTION 1. 25 This Act shall be known and may be cited as the "Riley Gaines Act of 2025." 26 SECTION 2. 27 (a) The General Assembly finds that: 28 (1) There are inherent physical differences between males and females; 29 (2) Decisions regarding the regulation of sports should be based on promoting and 30 preserving competitive fairness and protecting student safety; 31 (3) Protecting student athletes from harm and promoting and preserving the competitive 32 fairness of sports are important state interests; and 33 (4) Requiring the designation of separate, sex-specific athletic teams and sports is 34 necessary to protect student athletes from harm and to promote and preserve the 35 competitive fairness of sports. 36 (b) It is the intent of the General Assembly that: 37 (1) Student athletes have competitively fair and safe opportunities to participate and 38 succeed in sports; and 39 (2) Female student athletes have fair opportunities to demonstrate their strength, skills, and 40 athletic abilities and to obtain recognition, accolades, college scholarships, and the 41 numerous other long-term benefits that result from participating and competing in sports. 42 S. B. 1 - 2 - 25 LC 49 2383S SECTION 3. 43 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in 44 Part 14 of Article 6 of Chapter 2, relating to other educational programs under the "Quality 45 Basic Education Act," by revising Code Section 20-2-315, relating to gender discrimination 46 prohibited, authorized separate gender teams, equal athletic opportunity, physical education 47 classes, employee designated to monitor compliance, grievance procedures, and reporting 48 requirements, as follows: 49 "20-2-315. 50 (a) This Code section shall be known and may be cited as the 'Riley Gaines Act.' 51 (b) As used in this Code section, the term: 52 (1) 'Coed' means the inclusion of both males and females. 53 (2) 'Compete,' 'competitive,' or 'competition' means a contest, game, match, tournament, 54 or jamboree of teams in a sport. Such term shall not include practices, exhibitions, or 55 scrimmages. 56 (3) 'Contact sport' means a sport the purpose or a substantial component of which 57 involves bodily contact. Such term includes, but shall not be limited to, basketball, 58 boxing, football, ice hockey, lacrosse, martial arts, soccer, softball, rugby, volleyball, and 59 wrestling. 60 (4) 'Covered entity' means local school systems, public schools, and participating private 61 schools. 62 (5) 'Female' means an individual who has, had, will have, or, but for a developmental 63 or genetic anomaly or historical accident, would have the reproductive system capable 64 of producing human ovum. 65 (6) 'Male' means an individual who has, had, will have, or, but for a developmental or 66 genetic anomaly or historical accident, would have the reproductive system capable of 67 producing human sperm. 68 S. B. 1 - 3 - 25 LC 49 2383S (7) 'Multiple occupancy restroom or changing area' means an area in a covered entity's 69 building that is designed or designated to be used by one or more individuals of the same 70 sex at the same time and in which one or more individuals may be in various stages of 71 undress in the presence of other individuals. Such term includes, but shall not be limited 72 to: 73 (A) Restrooms; 74 (B) Locker rooms; 75 (C) Changing rooms; and 76 (D) Shower rooms. 77 (8) 'Participating private school' means a private school in this state which operates or 78 sponsors one or more teams that compete against one or more teams operated or 79 sponsored by a local school system or public school in this state or that participate in 80 competitions that are organized, sanctioned, or scheduled by an athletic association with 81 members that include public schools. 82 (9) 'Sex' means an individual's biological sex, either male or female. An individual's sex 83 can be observed or clinically verified at or before birth and in no case is an individual's 84 sex determined by stipulation or self-identification. 85 (10) 'Sleeping quarters' means a room or other limited access designated space within a 86 building or facility, such as a limited access designated space within a gymnasium, 87 cafeteria, or auditorium or other performance space, in which more than one individual 88 is housed overnight. 89 (11) 'Sport' means an organized activity involving skill and physical effort undertaken 90 by one or more teams according to established rules. Such term includes each such 91 organized activity regardless of whether it is designated as a sport, an activity, or another 92 similar designation by an athletic association that meets the requirements of Code 93 Sections 20-2-316 through 20-2-316.3, 20-2-319, and 20-2-319.6. 94 S. B. 1 - 4 - 25 LC 49 2383S (12) 'Student athlete' means a student enrolled at a covered entity who participates or is 95 eligible to participate on any sport or team. A student who is permanently ineligible to 96 participate on a particular sport or team is not a student athlete for the purposes of such 97 sport or team. 98 (13) 'Team' means a single student or a group of students operated and sponsored by a 99 covered entity for the purpose of participating in a sport. 100 (a)(c)(1) No student shall, on the basis of sex gender, be excluded from participation in, 101 be denied the benefits of, be treated differently from another student, or otherwise be 102 discriminated against in any interscholastic or intramural athletics offered sport operated 103 or sponsored by a local school system or a public school, and no local school system shall 104 provide any such athletics separately on such basis. 105 (b)(2) A Notwithstanding the requirements of subsection (a) of this Code section, a local 106 school system or public school shall be authorized to may operate or sponsor separate 107 teams for members of each gender sex where selection for such teams is based upon 108 competitive skill, competitive fairness, student safety, or the activity sport involved is a 109 contact sport. However, where a local school system operates or sponsors a team in a 110 particular sport for members of one gender but operates or sponsors no such team for 111 members of the other gender, and athletic opportunities for members of that gender in 112 that particular sport have previously been limited, members of the excluded gender must 113 be allowed to try out for the team offered unless the sport involved is a contact sport. 114 Nothing in this subsection shall be construed to limit the authority of a local school 115 system to operate or sponsor a single team for a contact sport that includes members of 116 both genders. As used in this subsection, the term 'contact sport' includes boxing, 117 wrestling, rugby, ice hockey, football, basketball, and any other sport the purpose or 118 major activity of which involves bodily contact. 119 (d)(1) For all interscholastic competitions, each covered entity shall designate each team 120 operated or sponsored by such covered entity as one of the following: 121 S. B. 1 - 5 - 25 LC 49 2383S (A) Male; 122 (B) Female; or 123 (C) Coed. 124 (2) Males shall not be allowed to participate in any interscholastic competition on any 125 team that is designated as female. 126 (3) Females shall not be allowed to participate in any interscholastic competition on any 127 team that is designated as male; provided, however, that females may be allowed to 128 participate in an interscholastic competition on a team that is designated as male if a 129 corresponding team designated for females is not offered or available for interscholastic 130 competitions. 131 (4) Any student shall be allowed to participate in any interscholastic competition on a 132 team that is designated as coed. 133 (5) Nothing in this subsection shall be construed to prohibit males from participating in 134 practices, exhibitions, or scrimmages with teams designated as female. 135 (6) Nothing in this subsection shall be construed to authorize a covered entity or an 136 athletic association, as such term is defined in Code Section 20-2-316, to verify or 137 confirm a student's sex through visual inspection of such student's external sex organs for 138 purposes of participation in competitions; provided, however, that this paragraph shall 139 not prohibit reliance on medical records or other standard school medical procedures to 140 verify or confirm a student's sex. 141 (c)(e)(1) A local school system or public school which operates or sponsors 142 interscholastic or intramural athletics teams shall undertake all reasonable efforts to 143 provide equal athletic opportunity for members of both genders sexes. In determining 144 whether equal opportunities are available, the following factors shall be considered: 145 (1)(A) Whether the selection of sports and levels of competition effectively 146 accommodate the interests and abilities of members of both genders sexes; 147 (2)(B) The provision of equipment and supplies; 148 S. B. 1 - 6 - 25 LC 49 2383S (3)(C) Scheduling of games and practice time; 149 (4)(D) Travel allowance; 150 (5)(E) Opportunity to receive coaching and academic tutoring; 151 (6)(F) Assignment and compensation of coaches and tutors; 152 (7)(G) Provision of locker rooms multiple occupancy restroom or changing areas and 153 practice and competitive facilities; 154 (8)(H) Provision of medical and training facilities and services; and 155 (9)(I) Publicity. 156 (2) Unequal aggregate expenditures for members of each gender sex or unequal 157 expenditures for male and female teams if a local school system or public school operates 158 or sponsors separate teams will shall not constitute noncompliance with this subsection, 159 but; provided, however, that the failure to provide essential funds for the basic operations 160 of teams for one gender sex may be considered in assessing equality of opportunity for 161 members of each gender sex. 162 (3) Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local 163 school system or public school to expend school tax funds as authorized by Article VIII, 164 Section VI, Paragraph I(b) of the Constitution in order to comply with the requirements 165 of this Code section. 166 (d)(f)(1) Each covered entity shall A local school system may provide separate toilet, 167 locker room, and shower facilities multiple occupancy restrooms or changing areas and 168 sleeping quarters on the basis of gender, but sex, and such facilities shall be comparable 169 to such facilities provided for students of the other gender sex. 170 (2)(A) No covered entity shall operate or sponsor one or more teams in any 171 interscholastic competition involving a local school system or public school that 172 permits a male to use any multiple occupancy restroom or changing area or sleeping 173 quarters designated for females in conjunction with such competition. 174 S. B. 1 - 7 - 25 LC 49 2383S (B) No covered entity shall operate or sponsor one or more teams in any interscholastic 175 competition involving a local school system or public school that permits a female to 176 use any multiple occupancy restroom or changing area or sleeping quarters designated 177 for males in conjunction with such competition. 178 (3)(A) To ensure the privacy and safety of student athletes, each covered entity that 179 operates or sponsors one or more teams in any interscholastic competition involving a 180 local school system or public school shall, in conjunction with such competition: 181 (i) Designate each multiple occupancy restroom or changing area and sleeping 182 quarters for exclusive use by males or for exclusive use by females; and 183 (ii) Provide a reasonable accommodation to individuals who are unwilling or unable 184 to use a multiple occupancy restroom or changing area or sleeping quarters designated 185 for each such individual's sex. 186 (B) A reasonable accommodation under this paragraph may include, but shall not be 187 limited to, allowing such individual to access a single occupancy restroom or changing 188 area or sleeping quarters. 189 (C) A reasonable accommodation under this paragraph shall not include allowing such 190 individual to access a multiple or single occupancy restroom or changing area or 191 sleeping quarters that is designated for use by members of the other sex while members 192 of the other sex of the individual are present or may be present in such restroom or 193 changing area or sleeping quarters. 194 (4) Nothing in this subsection shall be construed or applied to prohibit an individual from 195 entering a multiple occupancy restroom or changing area designated for use by 196 individuals of the opposite sex when he or she enters such area for one of the following 197 reasons: 198 (A) For authorized custodial, maintenance, or inspection purposes; 199 (B) To render emergency medical assistance; 200 S. B. 1 - 8 - 25 LC 49 2383S (C) To address an ongoing emergency, including, but not limited to, a physical 201 altercation; 202 (D) A minor child is accompanied by his or her parent or legal guardian who deems 203 such entry necessary for the child's safety, welfare, or assistance; or 204 (E) The performance of official duties and responsibilities as authorized coaches and 205 trainers for purposes directly related to a competition or other official activity of a team, 206 including practice. 207 (5)(A) Except as provided in subparagraph (B) of this paragraph, a covered entity that 208 sponsors or supervises an overnight trip in conjunction with a competition involving 209 public school students shall ensure that each public school student attending such 210 overnight trip either: 211 (i) Shares sleeping quarters with a member or, if necessary, multiple members, of the 212 same sex; or 213 (ii) Is provided single-occupancy sleeping quarters. 214 (B) A public school student attending an overnight trip in conjunction with a 215 competition may share sleeping quarters with a member of the opposite sex if the 216 member of the opposite sex is a member of such student's immediate family. 217 (e)(g) This Code section does shall not prohibit the grouping of students in physical 218 education classes by gender sex. 219 (f)(h)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school 220 system or public school sponsors an athletic activity or a sport at a particular school that 221 is similar to a sport for which an institution in the University System of Georgia offers 222 an athletic scholarship, it must shall sponsor the athletic activity or sport for which a 223 scholarship is offered at that school. This paragraph does shall not affect academic 224 requirements for participation nor prevent the local school system or public school from 225 sponsoring activities in addition to those for which scholarships are provided. 226 (2) Two athletic activities or sports that are similar may be offered simultaneously. 227 S. B. 1 - 9 - 25 LC 49 2383S (3) If a local school system or public school demonstrates by a bona fide survey of 228 eligible students at the school, which is approved by the Department of Education for 229 compliance with generally accepted opinion survey principles regarding neutral wording 230 and other matters, that there is insufficient interest among students at the school to field 231 a team described in paragraph (1) of this subsection, then the local school system or 232 public school shall not be required to sponsor such athletic activity or sport at that school. 233 The exemption provided for by this paragraph shall be valid for 24 months following the 234 date when the most recent bona fide student survey demonstrating a lack of student 235 interest was completed, unless a new bona fide student survey is conducted within the 24 236 month period that demonstrates sufficient interest to field a team. If such a new bona fide 237 student survey demonstrates such sufficient interest, then the local school system or 238 public school shall must comply with paragraph (1) of this subsection during the local 239 school system's next fiscal school year and until such time as a new bona fide student 240 survey demonstrates insufficient interest to field a team described in paragraph (1) of this 241 subsection. A local school system or public school shall conduct the bona fide student 242 survey described in this paragraph regarding interest in a team described in paragraph (1) 243 of this subsection upon the request of nine students at the school, but no more frequently 244 than once every 12 months. 245 (4) Nothing in this subsection shall be construed to preclude the application of generally 246 applicable policies or rules regarding the cancellation of an athletic activity or a sport due 247 to lack of student participation in scheduled practices or contests competitions. 248 (g)(i) Each local school system covered entity shall designate at least one employee to 249 coordinate its efforts to comply with and carry out its responsibilities under this Code 250 section, including the investigation of any complaint communicated to such local school 251 system covered entity alleging its noncompliance with this Code section. The employee 252 designated under this subsection may be the same person individual required to be 253 designated under 34 C.F.R. Section 106.8, as it existed on June 30, 2024. Each covered 254 S. B. 1 - 10 - 25 LC 49 2383S entity The local school system annually shall annually notify all its students of the name, 255 office address, and office telephone number of the employee or employees appointed 256 pursuant to this subsection. Such notification may be included in a student handbook code 257 of conduct distributed pursuant to Code Section 20-2-736. 258 (h)(j) Each local school system covered entity shall adopt and publish grievance 259 procedures providing for prompt and equitable resolution of written student complaints, 260 including complaints brought by a parent or guardian on behalf of his or her minor child 261 who is a student, alleging any action which would be a violation of this Code section. Such 262 procedures shall require that: 263 (1)(A) Except as provided in subparagraph (B) of this paragraph, the The employee 264 designated under subsection (g) (i) of this Code section shall render his or her decision 265 in writing no later than 30 days after receipt of the complaint, and such decision shall 266 set forth the essential facts and rationale for the decision; 267 (B)(i) A student who is aggrieved by an alleged violation or anticipated violation of 268 this Code section or his or her parent or guardian shall have a right to file a complaint 269 with the employee designated in subsection (i) of this Code section with a request for 270 an expedited preliminary determination as to whether a violation of this Code section 271 exists or is about to occur. 272 (ii) If an alleged violation or anticipated violation of this Code section is 273 preliminarily determined by the employee designated in subsection (i) of this Code 274 section to have occurred or is reasonably likely to occur, such designated employee 275 shall issue a preliminary decision immediately and shall be authorized to direct in 276 writing that the alleged violation or anticipated violation cease and desist pending a 277 final resolution of such complaint. 278 (iii) If a complaint with a request for an expedited preliminary determination brought 279 pursuant to this subparagraph is rejected in whole or in part by the employee 280 designated in subsection (i) of this Code section, such designated employee shall 281 S. B. 1 - 11 - 25 LC 49 2383S render his or her decision rejecting such complaint in writing to the complainant, and 282 such decision shall set forth the essential facts and rationale for the decision; 283 (2) A copy of such decision shall be provided to the complainant within five days of as 284 soon as practicable but not later than the second business day following the date of the 285 decision; and 286 (3) A complainant shall have a right to appeal such decision to the local board of 287 education or other public school governing body, in the case of a public school, or the 288 participating private school's governing body, in the case of a participating private school, 289 within 35 days of the date of the decision. A ruling on such appeal shall be rendered in 290 writing in writing no later than 35 days after receipt of the appeal, and such decision shall 291 set forth the essential facts and rationale for the ruling. 292 (i)(k)(1) A complainant may appeal a decision of a local board that is rendered under 293 subsection (h) (j) of this Code section in accordance with the procedures specified in 294 Code Section 20-2-1160. If the State Board of Education determines that a local school 295 system or public school has failed to comply with this Code section, then the state board 296 shall provide the local school system or public school with opportunities to prepare a 297 corrective plan. If the state board determines that a corrective plan of the local school 298 system or public school adequately plans and provides for future compliance with this 299 Code section, then the state board shall approve the plan and direct the local school 300 system or public school to implement such plan. 301 (2) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one 302 year following the date of a state board order directing implementation of a corrective 303 plan pursuant to paragraph (1) of this subsection but within four years of the date of such 304 order, the state board determines that the local school system or public school which was 305 subject to such order has willfully failed to comply with this Code section, the state board 306 may, after consideration of the local school system's or public school's efforts to 307 implement the corrective plan approved in the earlier proceeding and of any other 308 S. B. 1 - 12 - 25 LC 49 2383S corrective plan that may be submitted by the local school system or public school, 309 transmit a certification of such determination to the Department of Community Affairs. 310 If the state board's determination of noncompliance is later reversed or vacated upon 311 appeal, the state board shall immediately notify the Department of Community Affairs 312 of such action. 313 (3) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one 314 year following the date of a state board certification to the Department of Community 315 Affairs pursuant to paragraph (2) of this subsection but within four years of the date of 316 such order, the state board determines that the local school system or public school which 317 was subject to such order has willfully failed to comply with this Code section, the state 318 board may, after consideration of the local school system's or public school's efforts to 319 implement a corrective plan approved in an earlier proceeding and of any other corrective 320 plan that may be submitted by the local school system or public school, order that a team 321 or teams within the local school system or public school within the local school system 322 shall not participate in interscholastic postseason athletic contests competitions and that 323 participation in violation of such an order may result in withholding of state funds allotted 324 pursuant to Code Section 20-2-186. An order of the state board barring participation in 325 interscholastic postseason athletic contests competitions shall be made and announced 326 before the beginning of a school year. 327 (4) If, upon a complaint filed pursuant to subsection (h) (j) of this Code section after one 328 year following the date of a state board order prohibiting participation in interscholastic 329 postseason athletic contests competitions pursuant to paragraph (3) of this subsection but 330 within four years of the date of such order, the state board determines that the local 331 school system or public school which was subject to such order has willfully failed to 332 comply with this Code section, the state board may, after consideration of the local school 333 system's or public school's efforts to implement a corrective plan approved in an earlier 334 proceeding and of any other corrective plan that may be submitted by the local school 335 S. B. 1 - 13 - 25 LC 49 2383S system or public school, withhold state funds that are allotted pursuant to Code 336 Section 20-2-186 in an amount that the state board determines is sufficient to secure the 337 local school system's or public school's compliance with this Code section. In the event 338 that state funds are withheld pursuant to this paragraph, such funds shall later be allotted 339 to the local school system or public school at such time as the state board determines that 340 the local school system or public school is in compliance with this Code section. 341 (j)(l) The Department of Education may publish an annual report of local school systems 342 and public schools which may to include information regarding expenditures and 343 participation rates for each gender sex and such other information as the state board and 344 department deem relevant. 345 (m)(1) In addition to any other rights or remedies otherwise provided by law, any 346 student: 347 (A) Who is deprived of an athletic opportunity or suffers any harm as a result of a 348 violation of this Code section shall have a private cause of action for injunctive relief, 349 damages, and any other relief available under law. If an aggrieved student or such 350 student's parent or guardian is the prevailing party in such action, such student or such 351 student's parent or guardian shall be entitled to an award of monetary damages, 352 including for any psychological, emotional, or physical harm suffered, reasonable 353 attorney's fees, court costs, and expenses of litigation, and any other appropriate relief; 354 or 355 (B) Who is subject to retaliation or other adverse action by a covered entity or a local, 356 state, regional, or national athletic conference or association as a result of reporting a 357 violation of this Code section to an employee or representative such covered entity, 358 athletic association or conference, or to any state or federal agency with oversight over 359 covered entities in this state, shall have a private cause of action for injunctive relief, 360 damages, and any other relief available under law. If an aggrieved student or such 361 student's parent or guardian is the prevailing party in such action, the student or 362 S. B. 1 - 14 - 25 LC 49 2383S student's parent or guardian is the prevailing party in such action, such student shall be 363 entitled to an award of monetary damages, including for any psychological, emotional, 364 or physical harm suffered, reasonable attorney's fees, court costs, and expenses of 365 litigation, and any other appropriate relief. 366 (2) All civil actions brought under this subsection shall be initiated within two years after 367 the alleged harm occurred. 368 (n) Nothing in this Code section shall be construed to authorize or require a local school 369 system, a public school, or any employee or agent thereof to confirm the sex of a student 370 by visual inspection of such student's exterior sex organs. 371 (o) Nothing in this Code section shall be construed to abrogate or otherwise affect the 372 operation or application of the federal Individuals with Disabilities Education Act (IDEA), 373 Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with 374 Disabilities Act of 1990." 375 SECTION 4. 376 Said title is further amended in said part by revising paragraph (1) of subsection (b) and 377 subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic 378 association in high school athletics, as follows: 379 "(1) The athletic association shall comply with the requirements of subsections (a) 380 through (f) (h) of Code Section 20-2-315, as those requirements relate to the athletic 381 association's functions of organizing, sanctioning, scheduling, or rule making for events 382 in which public high schools participate;" 383 "(E) The authority and duties of the executive oversight committee shall include: 384 (i) To meet in person or remotely not less than twice each school year; 385 (ii) To meet in person or remotely upon the call of the chairperson or a majority of 386 the executive oversight committee; 387 (iii) To establish policies and procedures for the executive oversight committee; 388 S. B. 1 - 15 - 25 LC 49 2383S (iv) To conduct any independent audit, review, or investigation the executive 389 oversight committee deems necessary, including, but not limited to, the audit, review, 390 or investigation of the classifications of participating schools and travel-related travel 391 related issues of participating schools; and 392 (v) If the athletic association determines that it is necessary and appropriate to 393 prohibit students whose gender is male from participating in athletic events that are 394 designated for students whose gender is female, then the athletic association may 395 adopt a policy to that effect; provided, however, that such policy shall be applied to 396 all of the athletic association's participating public high schools; and 397 (vi) To conduct an annual evaluation of the athletic association as a whole and 398 present a report of its findings, recommendations, and conclusions to the General 399 Assembly's High School Athletics Overview Committee; and" 400 SECTION 5. 401 Said title is further amended in Article 1 of Chapter 3, relating to postsecondary education 402 generally, by designating Code Section 20-3-1, relating to definitions, as Part 1, and by 403 adding a new part to read as follows: 404 "Part 3 405 20-3-15. 406 As used in this part, the term: 407 (1) 'Competition' means a contest, game, match, tournament, or jamboree of teams in a 408 sport. Such term shall not include practices, exhibitions, or scrimmages. 409 (2) 'Covered entity' means Georgia state schools and participating nonstate schools. 410 S. B. 1 - 16 - 25 LC 49 2383S (3) 'Female' means an individual who has, had, will have, or, but for a developmental or 411 genetic anomaly or historical accident, would have the reproductive system capable of 412 producing human ovum. 413 (4) 'Georgia state school' means a postsecondary educational institution which is: 414 (A) An institution of the University System of Georgia; or 415 (B) A unit of the Technical College System of Georgia. 416 (5) 'Governing body' means the individual or entity responsible for establishing the 417 policies, rules, and regulations for a covered entity, including, but not limited to, such 418 policies, rules, and regulations for the operation of such covered entity's athletic 419 department, if any, and the operation or sponsorship of such covered entity's 420 intercollegiate competitions, sports, and teams. Such term shall not include any local, 421 state, regional, or national athletic conference or athletic association. 422 (6) 'Male' means an individual who has, had, will have, or, but for a developmental or 423 genetic anomaly or historical accident, would have the reproductive system capable of 424 producing human sperm. 425 (7) 'Multiple occupancy restroom or changing area' means an area in a postsecondary 426 educational institution's building that is designed or designated to be used by one or more 427 individuals of the same sex at the same time and in which one or more individuals may 428 be in various stages of undress in the presence of other individuals. Such term includes, 429 but shall not be limited to: 430 (A) Restrooms; 431 (B) Locker rooms; 432 (C) Changing rooms; and 433 (D) Shower rooms. 434 (8) 'Participating nonstate school' means a private postsecondary educational institution 435 that is eligible for tuition equalization grants in accordance with the provisions of Code 436 Section 20-3-411 or any other private or public postsecondary educational institution that 437 S. B. 1 - 17 - 25 LC 49 2383S is not a Georgia state school whose students or teams participate in intercollegiate 438 competitions against students or teams from a Georgia state school in this state; provided, 439 however, that such term shall apply to such an institution only when and to the extent that 440 such institution is participating in an intercollegiate competition against a Georgia state 441 school in this state; and provided, further, that such term shall not apply to institutions 442 when participating in intercollegiate competitions in this state exclusively against one or 443 more other such institutions. 444 (9) 'Sex' means an individual's biological sex, either male or female. An individual's sex 445 can be observed or clinically verified at or before birth and in no case is an individual's 446 sex determined by stipulation or self-identification. 447 (10) 'Sleeping quarters' means a room or other limited access designated space within a 448 building or facility, such as a limited access designated space within a gymnasium, 449 cafeteria, or auditorium or other performance space, in which more than one individual 450 is housed overnight. 451 (11) 'Sport' means an organized activity involving skill and physical effort undertaken 452 by one or more teams according to established rules. 453 (12) 'Student athlete' means a student enrolled at a covered entity who participates in or 454 is eligible to participate on any sport or team. A student who is permanently ineligible 455 to participate on a particular sport or team is not a student athlete for the purposes of such 456 sport or team. 457 (13) 'Team' means a single student or a group of students operated and sponsored by a 458 covered entity for the purpose of participating in a sport. 459 20-3-16. 460 (a) Each governing body in this state shall adopt such policies, rules, and regulations as 461 necessary to ensure the following for all intercollegiate competitions involving covered 462 entities in this state: 463 S. B. 1 - 18 - 25 LC 49 2383S (1) Each covered entity shall designate each team operated or sponsored by such covered 464 entity as one of the following: 465 (A) Male; or 466 (B) Female; 467 (2)(A) Males shall not be allowed to participate in any intercollegiate competition in 468 this state on any team that is designated as female. 469 (B) Females shall not be allowed to participate in any intercollegiate competition in 470 this state on any team that is designated as male; provided, however, that females may 471 be allowed to participate in an intercollegiate competition in this state on a team that 472 is designated as male if a corresponding team designated for females is not offered or 473 available for intercollegiate competitions; 474 (3)(A) Multiple occupancy restrooms or changing areas and sleeping quarters shall be 475 available to student athletes on the basis of sex and such facilities shall be comparable 476 to such facilities provided for students of the other sex. 477 (B) No covered entity shall operate or sponsor one or more teams in any intercollegiate 478 competition in this state that permits a male to use any multiple occupancy restroom or 479 changing area or sleeping quarters designated for use by females in conjunction with 480 such competition. 481 (C) No covered entity shall operate or sponsor one or more teams in any intercollegiate 482 competition in this state that permits a female to use any multiple occupancy restroom 483 or changing area or sleeping quarters designated for use by males in conjunction with 484 such competition. 485 (D) To ensure the privacy and safety of student athletes, each covered entity that 486 operates or sponsors one or more teams in any intercollegiate competition shall, in 487 conjunction with such competition: 488 (i) Designate each multiple occupancy restroom or changing area and sleeping 489 quarters for exclusive use by males or for exclusive use by females; and 490 S. B. 1 - 19 - 25 LC 49 2383S (ii) Provide a reasonable accommodation to individuals who are unwilling or unable 491 to use a multiple occupancy restroom or changing area or sleeping quarters designated 492 for each such individual's sex; and 493 (E)(i) A reasonable accommodation under this paragraph may include, but shall not 494 be limited to, allowing such individual to access a single occupancy restroom or 495 changing area or sleeping quarters. 496 (ii) A reasonable accommodation under this paragraph shall not include allowing 497 such individual to access a multiple or single occupancy restroom or changing area 498 or sleeping quarters that is designated for use by members of the other sex while 499 members of the other sex of the individual are present or may be present in such 500 restroom or changing area or sleeping quarters; 501 (4) No covered entity shall host, sponsor, or participate in any intercollegiate competition 502 in this state that permits a male to: 503 (A) Participate in any intercollegiate competition in this state on any team that is 504 designated as female; or 505 (B) Use any multiple occupancy restroom or changing area or sleeping quarters 506 designated for use by females in conjunction with such competition; 507 (5) Nothing in subparagraph (a)(3)(D) or (a)(4)(B) of this Code section shall be 508 construed or applied to prohibit an individual from entering a multiple occupancy 509 restroom or changing area designated for use by individuals of the opposite sex when he 510 or she enters such area for one of the following reasons: 511 (A) For authorized custodial, maintenance, or inspection purposes; 512 (B) To render emergency medical assistance; 513 (C) To address an ongoing emergency, including, but not limited to, a physical 514 altercation; 515 (D) A minor child is accompanied by his or her parent or legal guardian who deems 516 such entry necessary for the child's safety, welfare, or assistance; or 517 S. B. 1 - 20 - 25 LC 49 2383S (E) The performance of official duties and responsibilities as authorized coaches and 518 trainers for purposes directly related to a competition or other official activity of a team, 519 including practice; and 520 (6) No covered entity shall award to a male an athletic scholarship allocated to, 521 associated with, or otherwise intended for a female team member. 522 (b) Nothing in this Code section shall be construed to prohibit males from participating in 523 practices, exhibitions, or scrimmages with teams designated as female; provided, however, 524 that nothing in this subsection shall be construed to permit a male to receive a scholarship 525 in conjunction with such participation. 526 (c) Nothing in this Code section shall be construed to authorize a covered entity or 527 governing body to verify or confirm a student athlete's sex through visual inspection of 528 such student athlete's external sex organs for purposes of participation in competitions; 529 provided, however, that this paragraph shall not prohibit reliance on medical records or 530 other standard school medical procedures to verify or confirm a student's athlete's sex. 531 (d) Any covered entity or governing body that violates any provision of subsection (a) of 532 this Code section shall be subject to the withholding of state funding. Such withholding 533 of state funding may include funds provided to one or more postsecondary educational 534 institutions or governing bodies directly, as well as funding for scholarships, loans, and 535 grants pursuant to this chapter for students of such postsecondary educational institutions. 536 (e)(1) In addition to any other rights or remedies otherwise provided by law, any student: 537 (A) Who is deprived of an athletic opportunity or suffers any harm as a result of a 538 violation of this Code section shall have a private cause of action for injunctive relief, 539 damages, and any other relief available under law. If an aggrieved student is the 540 prevailing party in such action, such student shall be entitled to an award of monetary 541 damages, including for any psychological, emotional, or physical harm suffered, 542 reasonable attorney's fees, court costs, and expenses of litigation, and any other 543 appropriate relief; or 544 S. B. 1 - 21 - 25 LC 49 2383S (B) Who is subject to retaliation or other adverse action by a covered entity, a 545 governing body, or a local, state, regional, or national athletic conference or athletic 546 association as a result of reporting a violation of this Code section to an employee or 547 representative such covered entity, governing body, athletic conference or athletic 548 association, or to any state or federal agency with oversight over postsecondary 549 educational institutions in this state, shall have a private cause of action for injunctive 550 relief, damages, and any other relief available under law. If an aggrieved student is the 551 prevailing party in such action, such student shall be entitled to an award of monetary 552 damages, including for any psychological, emotional, or physical harm suffered, 553 reasonable attorney's fees, court costs, and expenses of litigation, and any other 554 appropriate relief. 555 (2) All civil actions brought under this subsection shall be initiated within two years after 556 the alleged harm occurred. 557 (f) Nothing in this Code section shall be construed to abrogate or otherwise affect the 558 operation or application of Section 504 of the federal Rehabilitation Act of 1973, the 559 federal Americans with Disabilities Act of 1990, or the federal Health Insurance Portability 560 and Accountability Act of 1996, P.L. 104-191." 561 SECTION 6. 562 All laws and parts of laws in conflict with this Act are repealed. 563 S. B. 1 - 22 -