Text of MN HF 565 (2025)

1.1 A bill for an act​ 1.2 relating to education; providing for student physical privacy; amending Minnesota​ 1.3 Statutes 2024, section 121A.04, subdivision 3; proposing coding for new law in​ 1.4 Minnesota Statutes, chapter 121A.​ 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.6 Section 1. Minnesota Statutes 2024, section 121A.04, subdivision 3, is amended to read:​ 1.7 Subd. 3. Exceptions. (a) Notwithstanding any other state law to the contrary, in athletic​ 1.8 programs operated by educational institutions or public services and designed for participants​ 1.9 12 years old or older or in the 7th grade or above, it is not an unfair discriminatory practice​ 1.10 to restrict membership on an athletic team to participants of one sex whose overall athletic​ 1.11 opportunities have previously been limited.​ 1.12 (b) When an educational institution or a public service provides athletic teams for children​ 1.13 11 years old or younger or in the 6th grade or below, those teams shall be operated without​ 1.14 restrictions on the basis of sex, except that when overall athletic opportunities for one sex​ 1.15 have previously been limited and there is a demonstrated interest by members of that sex​ 1.16 to participate on a team restricted to members of that sex, the educational institution or​ 1.17 public service may provide a team restricted to members of that sex.​ 1.18 (c) When two teams in the same sport are in fact separated or substantially separated​ 1.19 according to sex, the two teams shall be provided with substantially equal budgets per​ 1.20 participant, exclusive of gate receipts and other revenues generated by that sport, and in all​ 1.21 other respects shall be treated in a substantially equal manner. However, nothing in this​ 1.22 section shall be construed to require the two teams to conduct combined practice sessions​ 1.23 or any other combined activities related to athletics.​ 1​ Section 1.​ REVISOR CR/AC 25-03511​ 02/07/25 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 565​ NINETY-FOURTH SESSION​ Authored by Quam and Davis​ 02/13/2025​ The bill was read for the first time and referred to the Committee on Education Policy​ 2.1 (d) If two teams are provided in the same sport, one of these teams may be restricted to​ 2.2 members of a sex whose overall athletic opportunities have previously been limited, and​ 2.3 members of either sex shall be permitted to try out for the other team.​ 2.4 (e) Notwithstanding the provisions of paragraphs (a), (b), and (d), any wrestling team​ 2.5 may be restricted to members of one sex whether or not the overall athletic opportunities​ 2.6 of that sex have previously been limited, provided that programs or events are provided for​ 2.7 each sex to the extent the educational institution or public service determines that these​ 2.8 programs or events are necessary to accommodate the demonstrated interest of each sex to​ 2.9 participate in wrestling.​ 2.10 (f) Notwithstanding the provisions of paragraphs (a) to (e) or any other state law to the​ 2.11 contrary, a person with a Y chromosome must not participate in a school athletic team​ 2.12 designated for the female sex.​ 2.13 Sec. 2. [121A.211] STUDENT PHYSICAL PRIVACY.​ 2.14 Subdivision 1. Purpose. The purpose of this section is to protect and provide for the​ 2.15 privacy and safety of all students enrolled in public schools and to maintain order and dignity​ 2.16 in restrooms, locker rooms, changing rooms, showers, and other facilities where students​ 2.17 may be in various states of undress in the presence of other students.​ 2.18 Subd. 2. Definitions. (a) For the purposes of this section, the following terms have the​ 2.19 meanings given.​ 2.20 (b) "Sex" means the physical condition of being male or female, as determined by a​ 2.21 person's chromosomes and identified by a person's anatomy.​ 2.22 (c) "Public school" means a public school under section 120A.05, subdivisions 9, 11,​ 2.23 13, and 17, and a charter school under chapter 124E.​ 2.24 Subd. 3. Student physical privacy protection. (a) A public school student restroom,​ 2.25 locker room, changing room, or shower accessible by multiple students at the same time​ 2.26 shall be designated for the exclusive use by students based on their sex.​ 2.27 (b) A public school student restroom, locker room, changing room, or shower that is​ 2.28 designated for the exclusive use of one sex shall be used only by members of that sex. A​ 2.29 restroom, locker room, changing room, or shower that is designated for the exclusive use​ 2.30 of the female sex must not be used by a person with a Y chromosome.​ 2​ Sec. 2.​ REVISOR CR/AC 25-03511​ 02/07/25 ​ 3.1 (c) In any other public school facility or setting where a student may be in a state of​ 3.2 undress in the presence of other students, school personnel shall provide separate, private,​ 3.3 and safe areas designated for use by students based on their sex.​ 3.4 (d) Nothing in this section shall prohibit public schools from providing accommodation​ 3.5 such as single-occupancy facilities or controlled use of faculty facilities upon a student​ 3.6 request due to special circumstances. Under no circumstances may a public school student​ 3.7 restroom, locker room, changing room, shower, or other facility designated for exclusive​ 3.8 use based on sex be used by a person of another sex.​ 3​ Sec. 2.​ REVISOR CR/AC 25-03511​ 02/07/25 ​