Text of GA SB 438 (2024)

24 LC 49 1699 Senate Bill 438 By: Senators Summers of the 13th, Kennedy of the 18th, Gooch of the 51st, Anavitarte of the 31st, Watson of the 1st and others A BILL TO BE ENTITLED AN ACT To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia 1 Annotated, relating to other educational programs under the "Quality Basic Education Act," 2 so as to authorize Georgia public schools to operate or facilitate separate teams for members 3 of each gender where selection for such teams is based upon competitive fairness or student 4 safety; to provide that it shall be unlawful for Georgia public schools or participating private 5 schools whose students or teams compete against a Georgia public school to operate, 6 sponsor, or facilitate athletic programs or activities that permit any person whose gender is 7 male but whose gender identity is female to participate in any interscholastic athletics that 8 are designated for females or permit persons of one gender to use certain facilities designated 9 for persons of the opposite gender in conjunction with interscholastic athletics; to provide 10 for a grievance procedure; to provide for private rights of action and awards of attorney fees; 11 to repeal a grant of discretionary authority to athletic association executive oversight 12 committees; to provide for legislative findings and intent; to provide for definitions; to 13 provide for related matters; to repeal conflicting laws; and for other purposes. 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 15 S. B. 438 - 1 - 24 LC 49 1699 SECTION 1. 16 The General Assembly recognizes there are inherent physical differences between males and 17 females. The General Assembly further recognizes that decisions regarding the regulation 18 of sports should be based on promoting integrity and safety. The General Assembly finds 19 that protecting students from harm and preserving the competitive fairness of sports are 20 important state interests. It is the intent of the General Assembly to ensure that students have 21 equal and safe opportunities to succeed in sports. 22 SECTION 2. 23 Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, 24 relating to other educational programs under the "Quality Basic Education Act," is amended 25 in Code Section 20-2-315, relating to gender discrimination prohibited, authorized separate 26 gender teams, equal athletic opportunity, physical education classes, employee designated 27 to monitor compliance, grievance procedures, and reporting requirements, by revising 28 subsections (a) and (b) and by adding a new subsection to read as follows: 29 "(a) No student shall, on the basis of gender, be excluded from participation in, be denied 30 the benefits of, be treated differently from another student, or otherwise be discriminated 31 against in any interscholastic or intramural athletics offered by a local school system, and 32 no local school system shall provide any such athletics separately on such basis. 33 (b) Notwithstanding the requirements of subsection (a) of this Code section, a A local 34 school system may operate or sponsor separate teams for members of each gender where 35 selection for such teams is based upon competitive skill, competitive fairness, student 36 safety, or the activity involved is a contact sport. However, where a local school system 37 operates or sponsors a team in a particular sport for members of one gender but operates 38 or sponsors no such team for members of the other gender, and athletic opportunities for 39 members of that gender in that particular sport have previously been limited, members of 40 the excluded gender must be allowed to try out for the team offered unless the sport 41 S. B. 438 - 2 - 24 LC 49 1699 involved is a contact sport. Nothing in this subsection shall be construed to limit the 42 authority of a local school system to operate or sponsor a single team for a contact sport 43 that includes members of both genders. As used in this subsection, the term 'contact sport' 44 includes boxing, wrestling, rugby, ice hockey, football, basketball, and any other sport the 45 purpose or major activity of which involves bodily contact." 46 "(k)(1) As used in this Code section, the term: 47 (A) 'Gender' means a person's biological sex which shall be recognized solely based 48 on a person's reproductive biology and genetics at birth. For purposes of this 49 subsection, a statement of a student's biological sex on the student's official birth 50 certificate shall be deemed to have correctly stated the student's biological sex at birth 51 if the statement was included on such birth certificate at or near the time of the student's 52 birth. 53 (B) 'Gender identity' means a person's self-perceived, asserted, or claimed gender 54 regardless of the person's gender. 55 (C) 'Multiple occupancy restroom or changing area' means an area in a local school 56 system, public school, or participating private school building that is designed or 57 designated to be used by one or more individuals at the same time and in which one or 58 more individuals may be in various stages of undress in the presence of other 59 individuals. Such term includes, but shall not be limited to, the following: 60 (i) Restrooms; 61 (ii) Locker rooms; 62 (iii) Changing rooms; and 63 (iv) Shower rooms. 64 (D) 'Participating private school' means a private school in this state whose students 65 or teams compete against students or teams from a public school or local school system 66 in this state. 67 S. B. 438 - 3 - 24 LC 49 1699 (2) No local school system, public school, or participating private school in this state 68 shall operate interscholastic athletics that permit a person whose gender is male but 69 whose gender identity is female to participate in any interscholastic athletics that are 70 designated for females. 71 (3)(A) No local school system, public school, or participating private school in this 72 state shall operate interscholastic athletics that permit a person whose gender is male 73 to use any multiple occupancy restroom or changing area designated for females in 74 conjunction with any interscholastic athletics. 75 (B) No local public school system, local public school, or participating private school 76 in this state shall operate interscholastic athletics that permit a person whose gender is 77 female to use any multiple occupancy restroom or changing area designated for males 78 in conjunction with any interscholastic athletics. 79 (4) A student who is aggrieved by an alleged violation or anticipated violation of this 80 subsection or his or her parent or guardian shall have a right to file a grievance complaint 81 with the employee designated in subsection (g) of this Code section for an immediate 82 preliminary determination of whether a violation of this subsection exists or is about to 83 occur. If an alleged violation or anticipated violation is preliminarily determined to have 84 occurred or is reasonably likely to occur, the employee designated in subsection (g) of 85 this Code section shall issue a decision immediately and may direct that the alleged 86 violation or anticipated violation cease and desist pending a final resolution of such 87 grievance complaint. If a grievance complaint is rejected, the complaining party shall 88 have the right of an immediate appeal to the local board of education for relief. 89 (5) In addition to any other rights or remedies otherwise provided by law, any aggrieved 90 student and any such student's parent or guardian shall have a private right of action to 91 enforce the provisions of this subsection through injunctive or declaratory relief in the 92 superior court of the county in which the relevant public school, local school system, or 93 participating private school is located. If an aggrieved student or such student's parent 94 S. B. 438 - 4 - 24 LC 49 1699 or guardian is the prevailing party in such action, the student or student's parent or 95 guardian shall be entitled to an award of reasonable attorney fees, court costs, and 96 expenses of litigation, but shall not be entitled to any monetary damages. 97 (6) Nothing in this Code section shall override any requirements or protections 98 prescribed in the federal Americans with Disabilities Act, 42 U.S.C. Section 12101, et 99 seq." 100 SECTION 3. 101 Said part is further amended in Code Section 20-2-316, relating to involvement of athletic 102 association in high school athletics, by revising subparagraph (c)(1)(E) as follows: 103 "(E) The authority and duties of the executive oversight committee shall include: 104 (i) To meet in person or remotely not less than twice each school year; 105 (ii) To meet in person or remotely upon the call of the chairperson or a majority of 106 the executive oversight committee; 107 (iii) To establish policies and procedures for the executive oversight committee; 108 (iv) To conduct any independent audit, review, or investigation the executive 109 oversight committee deems necessary, including, but not limited to, the audit, review, 110 or investigation of the classifications of participating schools and travel-related travel 111 related issues of participating schools; and 112 (v) If the athletic association determines that it is necessary and appropriate to 113 prohibit students whose gender is male from participating in athletic events that are 114 designated for students whose gender is female, then the athletic association may 115 adopt a policy to that effect; provided, however, that such policy shall be applied to 116 all of the athletic association's participating public high schools; and 117 (vi) To conduct an annual evaluation of the athletic association as a whole and 118 present a report of its findings, recommendations, and conclusions to the General 119 Assembly's High School Athletics Overview Committee; and" 120 S. B. 438 - 5 - 24 LC 49 1699 SECTION 4. 121 All laws and parts of laws in conflict with this Act are repealed. 122 S. B. 438 - 6 -