Text of GA SB 41 (2025)

25 LC 49 2126 Senate Bill 41 By: Senators Jackson of the 41st, Jones II of the 22nd, Parent of the 44th, Halpern of the 39th, Orrock of the 36th 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 for equal athletic opportunities for public school students; to provide for a cause of 2 action; to provide for statutory construction; to provide for related matters; to repeal 3 conflicting laws; and for other purposes. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 5 SECTION 1. 6 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 7 14 of Article 6 of Chapter 2, relating to other educational programs under the "Quality Basic 8 Education Act," by revising Code Section 20-2-315, relating to gender discrimination 9 prohibited, authorized separate gender teams, equal athletic opportunity, physical education 10 classes, employee designated to monitor compliance, grievance procedures, and reporting 11 requirements, as follows: 12 "20-2-315. 13 (a) No student shall, on the basis of gender, be excluded from participation in, be denied 14 the benefits of, be treated differently from another student, or otherwise be discriminated 15 S. B. 41 - 1 - 25 LC 49 2126 against in any interscholastic or intramural athletics offered by a local school system, and 16 no local school system shall provide any such athletics separately on such basis. 17 (b) Notwithstanding the requirements of subsection (a) of this Code section, a local school 18 system may operate or sponsor separate teams for members of each gender where selection 19 for such teams is based upon competitive skill or the activity involved is a contact sport. 20 However, where a local school system operates or sponsors a team in a particular sport for 21 members of one gender but operates or sponsors no such team for members of the other 22 gender, and athletic opportunities for members of that gender in that particular sport have 23 previously been limited, members of the excluded gender must be allowed to try out for the 24 team offered unless the sport involved is a contact sport. Nothing in this subsection shall 25 be construed to limit the authority of a local school system to operate or sponsor a single 26 team for a contact sport that includes members of both genders. As used in this subsection, 27 the term 'contact sport' includes boxing, wrestling, rugby, ice hockey, football, basketball, 28 and any other sport the purpose or major activity of which involves bodily contact. 29 (c) A local school system which operates or sponsors interscholastic or intramural athletics 30 shall undertake all reasonable efforts to provide for equal athletic opportunity for members 31 of both genders by taking all steps reasonably necessary to ensure . In determining whether 32 equal opportunities are available the following factors shall be considered: 33 (1) Whether that the selection of sports and levels of competition effectively 34 accommodate the interests and abilities of members and teams of both genders and that 35 comparable and equivalent funds, facilities access, equipment, supplies, and other 36 resources are being provided for members and teams of both genders as demonstrated 37 by:; 38 (2)(1) The provision of equipment and supplies; 39 (2) The location of locker rooms and practice and competitive facilities; 40 (3) The scheduling Scheduling of games and practice time practices; 41 (4) Travel allowance allowances; 42 S. B. 41 - 2 - 25 LC 49 2126 (5) Opportunity Opportunities for students to receive coaching and academic tutoring; 43 (6) Assignment The assignment and compensation of coaches and academic tutors for 44 students, including, but not limited to, whether the compensation of coaches is 45 commensurate with time actually spent engaged in coaching, academic tutoring, or other 46 assigned duties; 47 (7) Provision of locker rooms and practice and competitive facilities; 48 (8) Provision The provision of medical and training facilities and services; and 49 (9)(8) Publicity. 50 Unequal aggregate expenditures for members of each gender or unequal expenditures for 51 male and female teams if a local school system operates or sponsors separate teams will 52 not constitute noncompliance with this subsection, but the failure to provide essential funds 53 comparable and equivalent funds, facilities access, equipment, supplies, and other 54 resources for the basic operations of teams for one gender may be considered in assessing 55 equality of opportunity for members of each gender shall constitute such noncompliance. 56 Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local school 57 system to expend school tax funds as authorized by Article VIII, Section VI, Paragraph I(b) 58 of the Constitution in order to comply with the requirements of this Code section. 59 (d) A local school system may provide separate toilet, locker room, and shower facilities 60 on the basis of gender, but such facilities shall be comparable to such facilities provided 61 for students of the other gender. 62 (e) This Code section does not prohibit the grouping of students in physical education 63 classes by gender. 64 (f)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school 65 system sponsors an athletic activity or sport at a particular school that is similar to a sport 66 for which an institution in the University System of Georgia offers an athletic 67 scholarship, it must sponsor the athletic activity or sport for which a scholarship is 68 offered at that school. This paragraph does not affect academic requirements for 69 S. B. 41 - 3 - 25 LC 49 2126 participation nor prevent the local school system from sponsoring activities in addition 70 to those for which scholarships are provided. 71 (2) Two athletic activities or sports that are similar may be offered simultaneously. 72 (3) If a local school system demonstrates by a bona fide survey of eligible students at the 73 school, which is approved by the Department of Education for compliance with generally 74 accepted opinion survey principles regarding neutral wording and other matters, that there 75 is insufficient interest among students at the school to field a team described in 76 paragraph (1) of this subsection, then the local school system shall not be required to 77 sponsor such athletic activity or sport at that school. The exemption provided for by this 78 paragraph shall be valid for 24 months following the date when the most recent bona fide 79 student survey demonstrating a lack of student interest was completed, unless a new bona 80 fide student survey is conducted within the 24 month period that demonstrates sufficient 81 interest to field a team. If such a new bona fide student survey demonstrates such 82 sufficient interest, then the local school system must comply with paragraph (1) of this 83 subsection during the local school system's next fiscal year and until such time as a new 84 bona fide student survey demonstrates insufficient interest to field a team described in 85 paragraph (1) of this subsection. A local school system shall conduct the bona fide 86 student survey described in this paragraph regarding interest in a team described in 87 paragraph (1) of this subsection upon the request of nine students at the school, but no 88 more frequently than once every 12 months. 89 (4) Nothing in this subsection shall be construed to preclude the application of generally 90 applicable policies or rules regarding the cancellation of an athletic activity or sport due 91 to lack of student participation in scheduled practices or contests. 92 (g) Each local school system shall designate at least one employee to coordinate its efforts 93 to comply with and carry out its responsibilities under this Code section, including the 94 investigation of any complaint communicated to such local school system alleging its 95 noncompliance with this Code section. The employee designated under this subsection 96 S. B. 41 - 4 - 25 LC 49 2126 may be the same person required to be designated under 34 C.F.R. Section 106.8. The 97 local school system annually shall notify all its students of the name, office address, and 98 office telephone number of the employee or employees appointed pursuant to this 99 subsection. Such notification may be included in a student handbook code of conduct 100 distributed pursuant to Code Section 20-2-736. 101 (h) Each local school system shall adopt and publish grievance procedures providing for 102 prompt and equitable resolution of written student complaints, including complaints 103 brought by a parent or guardian on behalf of his or her minor child who is a student, 104 alleging any action which would be a violation of this Code section. Such procedures shall 105 require that: 106 (1) The employee designated under subsection (g) of this Code section shall render his 107 or her decision in writing no later than 30 days after receipt of the complaint, and such 108 decision shall set forth the essential facts and rationale for the decision; 109 (2) A copy of such decision shall be provided to the complainant within five days of the 110 date of the decision; and 111 (3) A complainant shall have a right to appeal such decision to the local board within 35 112 days of the date of the decision. 113 (i)(1) A complainant may appeal a decision of a local board that is rendered under 114 subsection (h) of this Code section in accordance with the procedures specified in Code 115 Section 20-2-1160. If the State Board of Education determines that a local school system 116 has failed to comply with this Code section, then the state board shall provide the local 117 school system with opportunities to prepare a corrective plan. If the state board 118 determines that a corrective plan of the local school system adequately plans and provides 119 for future compliance with this Code section, then the state board shall approve the plan 120 and direct the local school system to implement such plan. 121 (2) If, upon a complaint filed pursuant to subsection (h) of this Code section after one 122 year following the date of a state board order directing implementation of a corrective 123 S. B. 41 - 5 - 25 LC 49 2126 plan pursuant to paragraph (1) of this subsection but within four years of the date of such 124 order, the state board determines that the local school system which was subject to such 125 order has willfully failed to comply with this Code section, the state board may, after 126 consideration of the local school system's efforts to implement the corrective plan 127 approved in the earlier proceeding and of any other corrective plan that may be submitted 128 by the local school system, transmit a certification of such determination to the 129 Department of Community Affairs. If the state board's determination of noncompliance 130 is later reversed or vacated upon appeal, the state board shall immediately notify the 131 Department of Community Affairs of such action. 132 (3) If, upon a complaint filed pursuant to subsection (h) of this Code section after one 133 year following the date of a state board certification to the Department of Community 134 Affairs pursuant to paragraph (2) of this subsection but within four years of the date of 135 such order, the state board determines that the local school system which was subject to 136 such order has willfully failed to comply with this Code section, the state board may, 137 after consideration of the local school system's efforts to implement a corrective plan 138 approved in an earlier proceeding and of any other corrective plan that may be submitted 139 by the local school system, order that a team or teams within the local school system or 140 school within the local school system shall not participate in interscholastic postseason 141 athletic contests and that participation in violation of such an order may result in 142 withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the 143 state board barring participation in interscholastic postseason athletic contests shall be 144 made and announced before the beginning of a school year. 145 (4) If, upon a complaint filed pursuant to subsection (h) of this Code section after one 146 year following the date of a state board order prohibiting participation in interscholastic 147 postseason athletic contests pursuant to paragraph (3) of this subsection but within four 148 years of the date of such order, the state board determines that the local school system 149 which was subject to such order has willfully failed to comply with this Code section, the 150 S. B. 41 - 6 - 25 LC 49 2126 state board may, after consideration of the local school system's efforts to implement a 151 corrective plan approved in an earlier proceeding and of any other corrective plan that 152 may be submitted by the local school system, withhold state funds that are allotted 153 pursuant to Code Section 20-2-186 in an amount that the state board determines is 154 sufficient to secure the local school system's compliance with this Code section. In the 155 event that state funds are withheld pursuant to this paragraph, such funds shall later be 156 allotted to the local school system at such time as the state board determines that the local 157 school system is in compliance with this Code section. 158 (j) The Department of Education may shall publish an annual report of local school 159 systems to include information regarding expenditures and participation rates for each 160 gender and such other information as the state board and department deem relevant. 161 (k)(1) In addition to any other rights or remedies otherwise provided by law, any student: 162 (A) Who is deprived of an athletic opportunity or suffers any direct or indirect harm 163 as a result of a violation of this Code section shall have a private right of action to 164 enforce the provisions of this Code section through injunctive or declaratory relief in 165 the superior court of the county in which the relevant covered entity or competition is 166 located. If an aggrieved student or such student's parent or guardian is the prevailing 167 party in such action, such student or such student's parent or guardian shall be entitled 168 to an award of reasonable attorney's fees, court costs, and expenses of litigation, but 169 shall not be entitled to any monetary damages; or 170 (B) Who is subject to retaliation or other adverse action by a covered entity or a local, 171 state, regional, or national athletic conference or association as a result of reporting a 172 violation of this Code section to an employee or representative such covered entity, 173 athletic association or conference, or any state or federal agency with oversight over 174 covered entities in this state, shall have a private cause of action for injunctive relief, 175 damages, and any other relief available under law against the covered entity or athletic 176 association or conference. If an aggrieved student or such student's parent or guardian 177 S. B. 41 - 7 - 25 LC 49 2126 is the prevailing party in such action, such student shall be entitled to an award of 178 monetary damages, including for any psychological, emotional, or physical harm 179 suffered, reasonable attorney's fees, court costs, and expenses of litigation, and any 180 other appropriate relief. 181 (2) All civil actions brought under this subsection shall be initiated within two years after 182 the alleged harm occurred. 183 (l) Nothing in this Code section shall be construed to abrogate or otherwise affect the 184 operation or application of the federal Individuals with Disabilities Education Act (IDEA), 185 Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with 186 Disabilities Act of 1990." 187 SECTION 2. 188 Said title is further amended in said part by revising subparagraph (c)(1)(E) of Code Section 189 20-2-316, relating to involvement of athletic association in high school athletics, as follows: 190 "(E) The authority and duties of the executive oversight committee shall include: 191 (i) To meet in person or remotely not less than twice each school year; 192 (ii) To meet in person or remotely upon the call of the chairperson or a majority of 193 the executive oversight committee; 194 (iii) To establish policies and procedures for the executive oversight committee; 195 (iv) To conduct any independent audit, review, or investigation the executive 196 oversight committee deems necessary, including, but not limited to, the audit, review, 197 or investigation of the classifications of participating schools and travel-related travel 198 related issues of participating schools; and 199 (v) If the athletic association determines that it is necessary and appropriate to 200 prohibit students whose gender is male from participating in athletic events that are 201 designated for students whose gender is female, then the athletic association may 202 S. B. 41 - 8 - 25 LC 49 2126 adopt a policy to that effect; provided, however, that such policy shall be applied to 203 all of the athletic association's participating public high schools; and 204 (vi) To conduct an annual evaluation of the athletic association as a whole and 205 present a report of its findings, recommendations, and conclusions to the General 206 Assembly's High School Athletics Overview Committee; and" 207 SECTION 3. 208 All laws and parts of laws in conflict with this Act are repealed. 209 S. B. 41 - 9 -