Text of NC H 574 (2023)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H D HOUSE BILL DRH50034-NH-86C Short Title: Fairness in Women's Sports Act. (Public) Sponsors: Representative Balkcom. Referred to: *DRH50034-NH-86C* A BILL TO BE ENTITLED 1 AN ACT TO PROTECT OPPORTUNITIES FOR WOMEN AND GIRLS IN ATHLETICS. 2 The General Assembly of North Carolina enacts: 3 SECTION 1. G.S. 115C-12(23) is amended by adding the following new 4 sub-subdivisions to read: 5 "e. All teams participating in interscholastic or intramural athletic 6 activities shall comply with the following: 7 1. Each team shall be expressly designated by the biological sex 8 of the team participants as one of the following: 9 I. Males, men, or boys. 10 II. Females, women, or girls. 11 III. Coed or mixed. 12 2. Athletic teams or sports designated for females, women, or 13 girls shall not be open to students of the male sex. 14 3. Athletic teams or sports designated for males, men, or boys 15 shall not be open to students of the female sex unless there is 16 no comparable female team for a particular sport and the sport 17 is not a contact sport as defined by 34 C.F.R. § 106.41(b). 18 4. For purposes of this sub-subdivision, a student's sex shall be 19 recognized based solely on the student's reproductive biology 20 and genetics at birth. 21 f. A student who is deprived of an athletic opportunity or suffers or is 22 likely to suffer from any direct or indirect harm as a result of a 23 violation of sub-subdivision e. of this subdivision may assert that 24 violation as a cause of action for remedies provided for in 25 sub-subdivision i. of this subdivision. 26 g. A student who is subjected to retaliation or other adverse action by a 27 public school unit, athletic association, or other organization as a result 28 of reporting a violation of sub-subdivision e. of this subdivision to an 29 employee or representative of the public school unit, athletic 30 association, or to any local, State, or federal agency with oversight of 31 the public school unit shall have a cause of action for remedies 32 provided for in sub-subdivision i. of this subdivision. 33 h. Any public school unit or its representatives or employees who suffer 34 any direct or indirect harm for complying with sub-subdivision e. of 35 H.B. 574 Apr 5, 2023 HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2023 Page 2 DRH50034-NH-86C this subdivision shall have a cause of action for remedies provided for 1 in sub-subdivision i. of this subdivision. 2 i. Any person who brings a cause of action pursuant to sub-subdivisions 3 e. through h. of this subdivision, within two years of the date the harm 4 occurred, may obtain appropriate relief, including the following: 5 1. Injunctive relief, protective order, writ of mandamus or 6 prohibition, or declaratory relief to prevent any violation of 7 sub-subdivision e. of this subdivision. 8 2. Actual damages, including for psychological, emotional, or 9 physical harm, reasonable attorney fees, and costs. 10 j. The State Board of Education shall monitor middle and high schools 11 for compliance with sub-subdivision e. of this subdivision. If the 12 Board finds a school in violation, it shall report the identity of the 13 school to the Joint Legislative Education Oversight Committee." 14 SECTION 2. G.S. 115C-218.75 is amended by adding a new subsection to read: 15 "(k) Athletic Teams. – A charter school organizing athletic teams for middle or high school 16 students to participate in interscholastic or intramural athletic activities shall do so in accordance 17 with G.S. 115C-12(23)." 18 SECTION 3. G.S. 115C-238.66 is amended by adding a new subdivision to read: 19 "(19) Athletic teams. – A regional school organizing athletic teams for middle or 20 high school students to participate in interscholastic or intramural athletic 21 activities shall do so in accordance with G.S. 115C-12(23)." 22 SECTION 4. G.S. 116-239.8(b) is amended by adding a new subdivision to read: 23 "(22) Athletic teams. – A laboratory school organizing athletic teams for middle or 24 high school students to participate in interscholastic or intramural athletic 25 activities shall do so in accordance with G.S. 115C-12(23)." 26 SECTION 5. Article 39 of Chapter 115C of the General Statutes is amended by 27 adding a new section to read: 28 "§ 115C-567. Athletic teams. 29 (a) Any nonpublic school that is a member of an organization that administers 30 interscholastic athletic activities pursuant to Article 29E of this Chapter shall comply with 31 G.S. 115C-12(23). 32 (b) Athletic teams organized by nonpublic schools at the middle or high school level that 33 are not covered by subsection (a) of this section shall comply with G.S. 115C-12(23) if the team 34 is playing a team from any school required to follow G.S. 115C-12(23)." 35 SECTION 6. This act is effective when it becomes law and applies beginning with 36 the 2023-2024 school year. 37

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 SESSION LAW 2023-109 HOUSE BILL 574 *H574-v-5* AN ACT TO PROTECT OPPORTUNITIES FOR WOMEN AND GIRLS IN ATHLETICS. The General Assembly of North Carolina enacts: PART I. ATHLETIC ELIGIBILITY IN MIDDLE AND HIGH SCHOOL SECTION 1.(a) G.S. 115C-12(23) is amended by adding the following new sub-subdivisions to read: "e. All teams participating in interscholastic or intramural athletic activities shall comply with the following: 1. Each team shall be expressly designated by the biological sex of the team participants as one of the following: I. Males, men, or boys. II. Females, women, or girls. III. Coed or mixed. 2. Athletic teams designated for females, women, or girls shall not be open to students of the male sex. 3. For purposes of this sub-subdivision, a student's sex shall be recognized based solely on the student's reproductive biology and genetics at birth. f. A student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of sub-subdivision e. of this subdivision may assert that violation as a cause of action for remedies provided for in sub-subdivision i. of this subdivision. g. A student who is subjected to retaliation or other adverse action by a public school unit, administering organization as defined in G.S. 115C-407.50, or other organization as a result of reporting a violation of sub-subdivision e. of this subdivision to an employee or representative of the public school unit, administering organization, or to any local, State, or federal agency with oversight of the public school unit shall have a cause of action for remedies provided for in sub-subdivision i. of this subdivision. h. Any public school unit or its representatives or employees who suffer any direct or indirect harm for complying with sub-subdivision e. of this subdivision shall have a cause of action for remedies provided for in sub-subdivision i. of this subdivision. i. Any person who brings a cause of action pursuant to sub-subdivisions f. through h. of this subdivision, within two years of the date the harm occurred, may obtain appropriate relief, including the following: 1. Injunctive relief, protective order, writ of mandamus or prohibition, or declaratory relief to prevent any violation of sub-subdivision e. of this subdivision. Page 2 Session Law 2023-109 House Bill 574 2. Actual damages, including for psychological, emotional, or physical harm, reasonable attorney fees, and costs. j. The State Board of Education shall monitor middle and high schools for compliance with sub-subdivision e. of this subdivision. If the Board finds a school in violation, it shall report the identity of the school to the Joint Legislative Education Oversight Committee." SECTION 1.(b) G.S. 115C-218.75 is amended by adding a new subsection to read: "(m) Athletic Teams. – A charter school organizing athletic teams for middle or high school students to participate in interscholastic or intramural athletic activities shall do so in accordance with G.S. 115C-12(23)." SECTION 1.(c) G.S. 115C-238.66 is amended by adding a new subdivision to read: "(21) Athletic teams. – A regional school organizing athletic teams for middle or high school students to participate in interscholastic or intramural athletic activities shall do so in accordance with G.S. 115C-12(23)." SECTION 1.(d) G.S. 116-239.8(b) is amended by adding a new subdivision to read: "(23) Athletic teams. – A laboratory school organizing athletic teams for middle or high school students to participate in interscholastic or intramural athletic activities shall do so in accordance with G.S. 115C-12(23)." SECTION 1.(e) Article 39 of Chapter 115C of the General Statutes is amended by adding a new section to read: "§ 115C-548.1. Athletic teams. (a) Any private church school or school of religious charter that is a member of an organization that administers interscholastic athletic activities pursuant to Article 29E of this Chapter shall comply with G.S. 115C-12(23). (b) Any athletic team organized by a private church school or school of religious charter at the middle or high school level that is not covered by subsection (a) of this section shall comply with G.S. 115C-12(23) if the team is playing a team from any school required to follow G.S. 115C-12(23)." SECTION 1.(f) Article 39 of Chapter 115C of the General Statutes is amended by adding a new section to read: "§ 115C-556.1. Athletic teams. (a) Any qualified nonpublic school that is a member of an organization that administers interscholastic athletic activities pursuant to Article 29E of this Chapter shall comply with G.S. 115C-12(23). (b) Any athletic team organized by a qualified nonpublic school at the middle or high school level that is not covered by subsection (a) of this section shall comply with G.S. 115C-12(23) if the team is playing a team from any school required to follow G.S. 115C-12(23)." PART II. ATHLETIC ELIGIBILITY IN HIGHER EDUCATION SECTION 2.(a) G.S. 115D-5 is amended by adding a new subsection to read: "(z) The State Board of Community Colleges shall monitor community colleges for compliance with Article 38 of Chapter 116 of the General Statutes. If the State Board determines that a community college is in violation of Article 38, it shall report the identity of the community college to the Joint Legislative Education Oversight Committee." SECTION 2.(b) Chapter 116 of the General Statutes is amended by adding a new Article to read: "Article 38. "Biological Sex-Specific Athletic Teams. "§ 116-400. Definitions. The following definitions apply in this Article: House Bill 574 Session Law 2023-109 Page 3 (1) Institution of higher education. – A constituent institution of The University of North Carolina, a community college under the jurisdiction of the State Board of Community Colleges, or a private college or university located in North Carolina. (2) Intercollegiate athletic program. – A sport program played at the collegiate level for which eligibility requirements for participation by a student are established by a national association for the promotion or regulation of intercollegiate athletics, including the National Collegiate Athletic Association (NCAA), the National Association of Intercollegiate Athletics (NAIA), and the National Junior College Athletic Association (NJCAA). "§ 116-401. Designation of athletic teams. (a) All teams that are part of an intercollegiate athletic program of an institution of higher education shall comply with the following: (1) Each team shall be expressly designated by the biological sex of the team participants as one of the following: a. Males, men, or boys. b. Females, women, or girls. c. Coed or mixed. (2) Athletic teams designated for females, women, or girls shall not be open to students of the male sex. (b) For the purposes of this section, sex shall be recognized based solely on a person's reproductive biology and genetics at birth. "§ 116-402. Cause of action; remedies. (a) A student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of this Article may assert that violation as a cause of action for remedies provided for in subsection (d) of this section. (b) A student who is subjected to retaliation or other adverse action by an institution of higher education, athletic association, or other organization as a result of reporting a violation of this Article to an employee or representative of the institution of higher education, athletic association, or to any local, State, or federal agency with oversight of the institution shall have a cause of action for remedies provided for in subsection (d) of this section. (c) Any institution of higher education or its representatives or employees who suffer any direct or indirect harm for complying with the requirements of this Article shall have a cause of action for remedies provided for in subsection (d) of this section. (d) Any person who brings a cause of action pursuant to this Article may obtain appropriate relief, including the following: (1) Injunctive relief, protective order, writ of mandamus or prohibition, or declaratory relief to prevent any violation of this Article. (2) Actual damages, including for psychological, emotional, or physical harm, reasonable attorney fees, and costs. (e) All civil actions under this Article must be initiated within two years from the date that the harm occurred. "§ 116-403. Monitoring compliance with this Article. The Board of Governors shall monitor constituent institutions for compliance with this Article. If the Board of Governors determines that a constituent institution is in violation of this Article, it shall report the identity of the constituent institution to the Joint Legislative Education Oversight Committee." PART III. SEVERABILITY CLAUSE AND EFFECTIVE DATE SECTION 3.(a) If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect Page 4 Session Law 2023-109 House Bill 574 without the invalid provisions or application and, to this end, the provisions of this act are severable. SECTION 3.(b) This act is effective when it becomes law and applies beginning with the 2023-2024 school year. In the General Assembly read three times and ratified this the 26th day of June, 2023. s/ Phil Berger President Pro Tempore of the Senate s/ Donna McDowell White Presiding Officer of the House of Representatives VETO Roy Cooper Governor Became law notwithstanding the objections of the Governor at 6:29 p.m. this 16th day of August, 2023. s/ Ms. Sarah Holland Senate Principal Clerk