Text of MN SF 802 (2025)
Student physical privacy provision
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As introduced
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A bill for an act
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relating to education; providing for student physical privacy; amending Minnesota
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Statutes 2024, section 121A.04, subdivision 3; proposing coding for new law in
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Minnesota Statutes, chapter 121A.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Section 1. Minnesota Statutes 2024, section 121A.04, subdivision 3, is amended to read:
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Subd. 3. Exceptions. (a) Notwithstanding any other state law to the contrary, in athletic
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programs operated by educational institutions or public services and designed for participants
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12 years old or older or in the 7th grade or above, it is not an unfair discriminatory practice
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to restrict membership on an athletic team to participants of one sex whose overall athletic
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opportunities have previously been limited.
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(b) When an educational institution or a public service provides athletic teams for children
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11 years old or younger or in the 6th grade or below, those teams shall be operated without
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restrictions on the basis of sex, except that when overall athletic opportunities for one sex
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have previously been limited and there is a demonstrated interest by members of that sex
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to participate on a team restricted to members of that sex, the educational institution or
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public service may provide a team restricted to members of that sex.
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(c) When two teams in the same sport are in fact separated or substantially separated
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according to sex, the two teams shall be provided with substantially equal budgets per
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participant, exclusive of gate receipts and other revenues generated by that sport, and in all
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other respects shall be treated in a substantially equal manner. However, nothing in this
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section shall be construed to require the two teams to conduct combined practice sessions
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or any other combined activities related to athletics.
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Section 1.
25-01838
as introduced
01/08/25
REVISOR
CR/BM
SENATE
STATE OF MINNESOTA
S.F. No. 802
NINETY-FOURTH SESSION
(SENATE AUTHORS: NELSON, Coleman and Duckworth)
OFFICIAL STATUS
D-PG
DATE
Introduction and first reading
01/30/2025
Referred to Education Policy
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(d) If two teams are provided in the same sport, one of these teams may be restricted to
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members of a sex whose overall athletic opportunities have previously been limited, and
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members of either sex shall be permitted to try out for the other team.
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(e) Notwithstanding the provisions of paragraphs (a), (b), and (d), any wrestling team
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may be restricted to members of one sex whether or not the overall athletic opportunities
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of that sex have previously been limited, provided that programs or events are provided for
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each sex to the extent the educational institution or public service determines that these
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programs or events are necessary to accommodate the demonstrated interest of each sex to
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participate in wrestling.
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(f) Notwithstanding the provisions of paragraphs (a) to (e) or any other state law to the
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contrary, a person with a Y chromosome must not participate in a school athletic team
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designated for the female sex.
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Sec. 2. [121A.211] STUDENT PHYSICAL PRIVACY.
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Subdivision 1. Purpose. The purpose of this section is to protect and provide for the
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privacy and safety of all students enrolled in public schools and to maintain order and dignity
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in restrooms, locker rooms, changing rooms, showers, and other facilities where students
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may be in various states of undress in the presence of other students.
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Subd. 2. Definitions. (a) For the purposes of this section, the following terms have the
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meanings given.
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(b) "Sex" means the physical condition of being male or female, as determined by a
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person's chromosomes and identified by a person's anatomy.
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(c) "Public school" means a public school under section 120A.05, subdivisions 9, 11,
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13, and 17, and a charter school under chapter 124E.
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Subd. 3. Student physical privacy protection. (a) A public school student restroom,
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locker room, changing room, or shower accessible by multiple students at the same time
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shall be designated for the exclusive use by students based on their sex.
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(b) A public school student restroom, locker room, changing room, or shower that is
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designated for the exclusive use of one sex shall be used only by members of that sex. A
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restroom, locker room, changing room, or shower that is designated for the exclusive use
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of the female sex must not be used by a person with a Y chromosome.
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Sec. 2.
25-01838
as introduced
01/08/25
REVISOR
CR/BM
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(c) In any other public school facility or setting where a student may be in a state of
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undress in the presence of other students, school personnel shall provide separate, private,
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and safe areas designated for use by students based on their sex.
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(d) Nothing in this section shall prohibit public schools from providing accommodation
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such as single-occupancy facilities or controlled use of faculty facilities upon a student
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request due to special circumstances. Under no circumstances may a public school student
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restroom, locker room, changing room, shower, or other facility designated for exclusive
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use based on sex be used by a person of another sex.
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Sec. 2.
25-01838
as introduced
01/08/25
REVISOR
CR/BM