Text of MN HF 4282 (2022)

School-sponsored sports teams required to be designated by biological sex.

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1.1 A bill for an act​ 1.2 relating to education; requiring school-sponsored sports teams be designated by​ 1.3 biological sex; proposing coding for new law in Minnesota Statutes, chapters​ 1.4 121A; 136F; 137.​ 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.6 Section 1. [121A.045] SPORTS TEAMS BASED ON BIOLOGICAL SEX.​ 1.7 Subdivision 1. Requirement. (a) An interscholastic, intercollegiate, intramural, or club​ 1.8 athletic team, sport, or athletic event that is sponsored or sanctioned by a school district or​ 1.9 charter school must be designated as one of the following, based on the biological sex at​ 1.10 birth of the participating students:​ 1.11 (1) females or girls;​ 1.12 (2) males or boys; or​ 1.13 (3) coeducational or mixed.​ 1.14 (b) Only female students, based on their biological sex, may participate in any team,​ 1.15 sport, or athletic event designated as being for females or girls. For purposes of this section,​ 1.16 biological sex is either female or male and the sex listed on the student's official birth​ 1.17 certificate may be relied upon if the certificate was issued at or near the time of the student's​ 1.18 birth. The failure to comply with this section is a limited waiver of sovereign immunity for​ 1.19 relief authorized under this section.​ 1.20 (c) No school district or charter school may be liable to any student for its compliance​ 1.21 with this subdivision.​ 1​ Section 1.​ REVISOR JFK/NS 22-06514​ 03/02/22 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 4282​ NINETY-SECOND SESSION​ Authored by Gruenhagen, Lucero and Boe​ 03/14/2022​ The bill was read for the first time and referred to the Committee on Education Policy​ 2.1 Subd. 2. Student cause of action. (a) If a student suffers direct or indirect harm as a​ 2.2 result of a violation of subdivision 1, that student has a private cause of action for injunctive,​ 2.3 mandamus, and declaratory relief against the school district or charter school that caused​ 2.4 the harm.​ 2.5 (b) If a student is subjected to retaliation or other adverse action by the school district​ 2.6 or charter school as a result of reporting a violation of subdivision 1 to an employee or​ 2.7 representative of the school district or charter school, that student has a private cause of​ 2.8 action for injunctive, mandamus, and declaratory relief against the school district or charter​ 2.9 school. Notwithstanding any law to the contrary, no governmental entity may investigate​ 2.10 a complaint or take any adverse action against a school district or charter school or any​ 2.11 employee or board member for complying with subdivision 1.​ 2.12 (c) A civil action under this subdivision must be initiated within two years from the date​ 2.13 the alleged harm occurred. Any party prevailing on a claim brought under this subdivision​ 2.14 is entitled to reasonable attorney fees and costs.​ 2.15 Subd. 3. School cause of action. If a school district or charter school suffers any direct​ 2.16 or indirect harm as a result of a violation of subdivision 1, the school district or charter​ 2.17 school has a private cause of action for injunctive, mandamus, and declaratory relief against​ 2.18 the governmental entity, licensing or accrediting organization, or activities association or​ 2.19 organization. A civil action under this subdivision must be initiated within two years from​ 2.20 the date the alleged harm occurred. Any party prevailing on a claim brought under this​ 2.21 subdivision is entitled to reasonable attorney fees and costs.​ 2.22 Subd. 4. Litigation representation and financial responsibility. (a) For any lawsuit​ 2.23 brought or any complaint filed against a school district or charter school or an employee,​ 2.24 board, or board member as a result of compliance with subdivision 1, the attorney general​ 2.25 shall provide legal representation at no cost to that entity or individual.​ 2.26 (b) In addition to the expenses of representation, the state shall assume financial​ 2.27 responsibility for any other expense related to the lawsuit or complaint and incurred by a​ 2.28 school district or charter school or an employee, board, or a board member, including any​ 2.29 award for attorney fees and costs for which that entity or individual would be otherwise​ 2.30 responsible.​ 2.31 Sec. 2. [136F.57] SPORTS TEAMS BASED ON BIOLOGICAL SEX.​ 2.32 Subdivision 1. Requirement. (a) An interscholastic, intercollegiate, intramural, or club​ 2.33 athletic team, sport, or athletic event that is sponsored or sanctioned by an institution of​ 2​ Sec. 2.​ REVISOR JFK/NS 22-06514​ 03/02/22 ​ 3.1 higher education under the control of the Board of Trustees must be designated as one of​ 3.2 the following, based on the biological sex at birth of the participating students:​ 3.3 (1) females or women;​ 3.4 (2) males or men; or​ 3.5 (3) coeducational or mixed.​ 3.6 (b) Only female students, based on their biological sex, may participate in any team,​ 3.7 sport, or athletic event designated as being for females or women. For purposes of this​ 3.8 section, biological sex is either female or male and the sex listed on the student's official​ 3.9 birth certificate may be relied upon if the certificate was issued at or near the time of the​ 3.10 student's birth. The failure to comply with this section is a limited waiver of sovereign​ 3.11 immunity for relief authorized under this section.​ 3.12 (c) No institution of higher education may be liable to any student for its compliance​ 3.13 with this subdivision.​ 3.14 Subd. 2. Student cause of action. (a) If a student suffers direct or indirect harm as a​ 3.15 result of a violation of subdivision 1, that student has a private cause of action for injunctive,​ 3.16 mandamus, and declaratory relief against the institution of higher education under the control​ 3.17 of the Board of Trustees that caused the harm.​ 3.18 (b) If a student is subjected to retaliation or other adverse action by the institution of​ 3.19 higher education as a result of reporting a violation of subdivision 1 to an employee or​ 3.20 representative of the institution of higher education, that student has a private cause of action​ 3.21 for injunctive, mandamus, and declaratory relief against the institution of higher education.​ 3.22 Notwithstanding any law to the contrary, no governmental entity may investigate a complaint​ 3.23 or take any adverse action against an institution of higher education or any employee or​ 3.24 board member for complying with subdivision 1.​ 3.25 (c) A civil action under this subdivision must be initiated within two years from the date​ 3.26 the alleged harm occurred. Any party prevailing on a claim brought under this subdivision​ 3.27 is entitled to reasonable attorney fees and costs.​ 3.28 Subd. 3. Institution cause of action. If an institution of higher education under the​ 3.29 control of the Board of Trustees suffers any direct or indirect harm as a result of a violation​ 3.30 of subdivision 1, the institution of higher education has a private cause of action for​ 3.31 injunctive, mandamus, and declaratory relief against the governmental entity, licensing or​ 3.32 accrediting organization, or activities association or organization. A civil action under this​ 3.33 subdivision must be initiated within two years from the date the alleged harm occurred.​ 3​ Sec. 2.​ REVISOR JFK/NS 22-06514​ 03/02/22 ​ 4.1 Any party prevailing on a claim brought under this subdivision is entitled to reasonable​ 4.2 attorney fees and costs.​ 4.3 Subd. 4. Litigation representation and financial responsibility. (a) For any lawsuit​ 4.4 brought or any complaint filed against an institution of higher education under the control​ 4.5 of the Board of Trustees or an employee, board, or board member as a result of compliance​ 4.6 with subdivision 1, the attorney general shall provide legal representation at no cost to that​ 4.7 entity or individual.​ 4.8 (b) In addition to the expenses of representation, the state shall assume financial​ 4.9 responsibility for any other expense related to the lawsuit or complaint and incurred by an​ 4.10 institution of higher education or an employee, board, or a board member, including any​ 4.11 award for attorney fees and costs for which that entity or individual would be otherwise​ 4.12 responsible.​ 4.13 Sec. 3. [137.75] SPORTS TEAMS BASED ON BIOLOGICAL SEX.​ 4.14 Subdivision 1. Requirement. (a) An interscholastic, intercollegiate, intramural, or club​ 4.15 athletic team, sport, or athletic event that is sponsored or sanctioned by an institution of​ 4.16 higher education under the control of the Board of Regents must be designated as one of​ 4.17 the following, based on the biological sex at birth of the participating students:​ 4.18 (1) females or women;​ 4.19 (2) males or men; or​ 4.20 (3) coeducational or mixed.​ 4.21 (b) Only female students, based on their biological sex, may participate in any team,​ 4.22 sport, or athletic event designated as being for females or women. For purposes of this​ 4.23 section, biological sex is either female or male and the sex listed on the student's official​ 4.24 birth certificate may be relied upon if the certificate was issued at or near the time of the​ 4.25 student's birth. The failure to comply with this section is a limited waiver of sovereign​ 4.26 immunity for relief authorized under this section.​ 4.27 (c) No institution of higher education may be liable to any student for its compliance​ 4.28 with this subdivision.​ 4.29 Subd. 2. Student cause of action. (a) If a student suffers direct or indirect harm as a​ 4.30 result of a violation of subdivision 1, that student has a private cause of action for injunctive,​ 4.31 mandamus, and declaratory relief against the institution of higher education under the control​ 4.32 of the Board of Regents that caused the harm.​ 4​ Sec. 3.​ REVISOR JFK/NS 22-06514​ 03/02/22 ​ 5.1 (b) If a student is subjected to retaliation or other adverse action by the institution of​ 5.2 higher education as a result of reporting a violation of subdivision 1 to an employee or​ 5.3 representative of the institution of higher education, that student has a private cause of action​ 5.4 for injunctive, mandamus, and declaratory relief against the institution of higher education.​ 5.5 Notwithstanding any law to the contrary, no governmental entity may investigate a complaint​ 5.6 or take any adverse action against an institution of higher education or any employee or​ 5.7 board member for complying with subdivision 1.​ 5.8 (c) A civil action under this subdivision must be initiated within two years from the date​ 5.9 the alleged harm occurred. Any party prevailing on a claim brought under this subdivision​ 5.10 is entitled to reasonable attorney fees and costs.​ 5.11 Subd. 3. Institution cause of action. If an institution of higher education under the​ 5.12 control of the Board of Regents suffers any direct or indirect harm as a result of a violation​ 5.13 of subdivision 1, the institution of higher education has a private cause of action for​ 5.14 injunctive, mandamus, and declaratory relief against the governmental entity, licensing or​ 5.15 accrediting organization, or activities association or organization. A civil action under this​ 5.16 subdivision must be initiated within two years from the date the alleged harm occurred.​ 5.17 Any party prevailing on a claim brought under this subdivision is entitled to reasonable​ 5.18 attorney fees and costs.​ 5.19 Subd. 4. Litigation representation and financial responsibility. (a) For any lawsuit​ 5.20 brought or any complaint filed against an institution of higher education under the control​ 5.21 of the Board of Regents or an employee, board, or board member as a result of compliance​ 5.22 with subdivision 1, the attorney general shall provide legal representation at no cost to that​ 5.23 entity or individual.​ 5.24 (b) In addition to the expenses of representation, the state shall assume financial​ 5.25 responsibility for any other expense related to the lawsuit or complaint and incurred by an​ 5.26 institution of higher education or an employee, board, or a board member, including any​ 5.27 award for attorney fees and costs for which that entity or individual would be otherwise​ 5.28 responsible.​ 5​ Sec. 3.​ REVISOR JFK/NS 22-06514​ 03/02/22 ​