Text of GA SB 435 (2022)

22 LC 49 0782 S. B. 435 - 1 - Senate Bill 435 By: Senators Harbin of the 16th, Miller of the 49th, Hatchett of the 50th, Robertson of the 29th, 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 Georgia public schools or participating private schools 2 whose students or teams compete against a Georgia public school to operate, sponsor, or 3 facilitate athletic programs or activities that permit a person of one gender to participate in 4 an athletic program or activity that is designated for persons of the opposite gender; to 5 provide for exceptions; to provide for private rights of action and awards of attorney fees; 6 to provide for legislative findings and intent; to provide for definitions; to provide for a short 7 title; to provide for related matters; to repeal conflicting laws; and for other purposes. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 9 SECTION 1. 10 The General Assembly recognizes there are inherent physical differences between males and 11 females. The General Assembly further recognizes that decisions regarding the regulation 12 of sports should be based on promoting integrity and safety. The General Assembly finds 13 that protecting females from harm and preserving the fairness of sports are important state 14 interests. It is the intent of the General Assembly to ensure that females have equal and safe 15 opportunities to succeed in sports. 16 22 LC 49 0782 S. B. 435 - 2 - SECTION 2. 17 This Act shall be known and may be cited as the "Save Girls' Sports Act." 18 SECTION 3. 19 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in 20 Code Section 20-2-315, relating to gender discrimination prohibited, authorized separate 21 gender teams, equal athletic opportunity, physical education classes, employee designated 22 to monitor compliance, grievance procedures, and reporting requirements, by adding a new 23 subsection to read as follows: 24 "(k)(1) As used in this subsection, the term: 25 (A) 'Gender' means a person's biological sex which shall be recognized solely based 26 on a person's reproductive biology and genetics at birth. For purposes of this 27 subsection, a statement of a student's biological sex on the student's official birth 28 certificate shall be deemed to have correctly stated the student's biological sex at birth 29 if the statement was included on such birth certificate at or near the time of the student's 30 birth. 31 (B) 'Participating private school' means a private school in this state whose students or 32 teams compete against a local public school or local public school system in this state. 33 (2)(A) No local public school system, local public school, or participating private 34 school in this state shall operate, sponsor, or facilitate interscholastic or intramural 35 athletics that permit a person whose gender is male to participate in any interscholastic 36 or intramural athletics that are designated for females, unless there is not an equivalent 37 interscholastic or intramural athletic program for males. 38 (B) No local public school system, local public school, or participating private school 39 in this state shall operate, sponsor, or facilitate interscholastic or intramural athletics 40 that permit a person whose gender is female to participate in any interscholastic or 41 22 LC 49 0782 S. B. 435 - 3 - intramural athletics that are designated for males, unless there is not an equivalent 42 interscholastic or intramural athletic program for females. 43 (3) A student who is aggrieved by an alleged violation or anticipated violation of this 44 subsection or his or her parent or guardian shall have a right to file a grievance complaint 45 with the employee designated in subsection (g) of this Code section for an immediate 46 determination of whether a violation of this subsection exists or is about to occur. If a 47 violation or anticipated violation is determined to exist or about to occur, the employee 48 designated in subsection (g) of this Code section shall issue a decision immediately and 49 may direct that such activity be terminated or adjusted to prevent further violations. If 50 such grievance is rejected, such complaining party shall have the right of an immediate 51 appeal to the local board of education for relief. 52 (4) In addition to any other rights or remedies otherwise provided by law, any aggrieved 53 student and any such student's parent or guardian shall have a private right of action to 54 enforce the provisions of this subsection through injunctive or declaratory relief in the 55 superior court of the county in which such local public school or school system or 56 participating private school is located. If an aggrieved student or such student's parent 57 or guardian is the prevailing party in such action, the student or student's parent or 58 guardian shall be entitled to an award of reasonable attorney fees, court costs, and 59 expenses of litigation, but shall not be entitled to any monetary damages. 60 (5) Nothing in this Code section shall override any requirements or protections 61 prescribed in the federal Americans with Disabilities Act, 42 U.S.C. Section 12101, et 62 seq." 63 SECTION 4. 64 All laws and parts of laws in conflict with this Act are repealed. 65