Text of GA SB 266 (2022)

21 LC 28 0265 S. B. 266 - 1 - Senate Bill 266 By: Senators Harbin of the 16th, Robertson of the 29th, Payne of the 54th, Anderson of the 24th, Mullis of the 53rd 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 that it shall be unlawful for a public school or a private school whose students or 2 teams compete against a public school to operate, sponsor, or facilitate athletic programs or 3 activities that permit a person whose gender is male to participate in an athletic program or 4 activity that is designated for females; to provide for definitions; to provide for remedies for 5 violations; to provide for exceptions; to waive certain immunities; to provide for a short title; 6 to provide for related matters; to repeal conflicting laws; and for other purposes. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 8 SECTION 1. 9 This Act shall be known and may be cited as the "Save Girls' Sports Act." 10 SECTION 2. 11 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in 12 Code Section 20-2-315, relating to gender discrimination prohibited, authorized separate 13 gender teams, equal athletic opportunity, physical education classes, employee designated 14 21 LC 28 0265 S. B. 266 - 2 - to monitor compliance, grievance procedures, and reporting requirements, by adding a new 15 subsection to read as follows: 16 "(k)(1) As used in this subsection, the term 'gender' shall mean a person's biological sex 17 and shall be solely recognized based on a person's reproductive biology and genetics at 18 birth. 19 (2) No local school system or private school in this state whose students or teams 20 compete against a local school system in this state shall operate, sponsor, or facilitate 21 interscholastic or intramural athletics that permit a person whose gender is male to 22 participate in any interscholastic or intramural athletics that are designated for females. 23 (3) A student who is aggrieved by an alleged violation or anticipated violation of this 24 subsection or his or her parent or guardian shall have a right to file a grievance complaint 25 with the employee designated in subsection (g) of this Code section for an immediate 26 determination of whether a violation of this subsection exists or is about to occur. If a 27 violation or anticipated violation is determined to exist or about to occur, the employee 28 designated in subsection (g) of this Code section shall issue a decision immediately and 29 may direct that such activity be terminated or adjusted to prevent further violations. If 30 such grievance is rejected, such complaining party shall have the right of an immediate 31 appeal to the local board of education for relief. 32 (4) Nothing in this Code section shall override any requirements or protections 33 prescribed in the federal Americans with Disabilities Act, 42 U.S.C. Section 12101, et 34 seq." 35 SECTION 3. 36 Said title is further amended in Part 2 of Article 2 of Chapter 3, relating to University System 37 of Georgia, by adding a new Code section to read as follows: 38 21 LC 28 0265 S. B. 266 - 3 - "20-3-65.1. 39 (a) As used in this Code section, the term 'sex' refers only to biological distinctions 40 between male and female. 41 (b) In any intercollegiate athletic activity that is subject to rules, standards, or 42 classifications that provide for student eligibility restrictions in order to ensure, enhance, 43 or promote fair competition, each institution of the University System of Georgia shall 44 make all determinations based on sex and not on gender." 45 SECTION 4. 46 All laws and parts of laws in conflict with this Act are repealed. 47