Text of WY HB 187 (2023)

Student eligibility in interscholastic activities-2.

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2023 STATE OF WYOMING 23LSO-0252 1 HB0187 HOUSE BILL NO. HB0187 Student eligibility in interscholastic activities-2. Sponsored by: Representative(s) Crago, Northrup, Oakley, Stith and Western and Senator(s) Schuler A BILL for 1 AN ACT relating to school sports; prohibiting students of 2 the male sex from competing on a team designated for 3 students of the female sex as specified; alternatively 4 providing for the state board of education to determine 5 student eligibility as specified; providing definitions; 6 requiring rulemaking; and providing for an effective date. 7 8 Be It Enacted by the Legislature of the State of Wyoming: 9 10 Section 1. W.S. 21-25-101 through 21-25-204 are 11 created to read: 12 13 CHAPTER 25 14 STUDENT ELIGIBILITY IN INTERSCHOLASTIC ACTIVITIES 15 2023 STATE OF WYOMING 23LSO-0252 2 HB0187 1 ARTICLE 1 2 PARTICIPATION IN FEMALE SPORTS 3 4 21-25-101. Definitions. 5 6 (a) As used in this chapter: 7 8 (i) "Coed" or "mixed" means that a team is 9 composed of members of both sexes who traditionally compete 10 together; 11 12 (ii) "Interscholastic athletic activity" means 13 that a student represents the student's school in an 14 athletic or sporting activity; 15 16 (iii) "School" includes primary, secondary and 17 institutions of higher education. Nothing in this article 18 shall be construed to limit students of out-of-state 19 institutions of higher education from competing in this 20 state; 21 2023 STATE OF WYOMING 23LSO-0252 3 HB0187 1 (iv) "Sex" means the biological, physical 2 condition of being male or female, determined by an 3 individual's genetics and anatomy at birth. 4 5 21-25-102. Participation in school athletic 6 activities. 7 8 (a) A public school or a private school that competes 9 against a public school shall expressly designate school 10 athletic activities and teams as one (1) of the following 11 based on sex: 12 13 (i) Designated for students of the male sex; 14 15 (ii) Designated for students of the female sex; 16 or 17 18 (iii) Coed or mixed. 19 20 (b) A student of the male sex shall not compete, and 21 a public school shall not allow a student of the male sex 22 to compete, with a team designated for students of the 23 female sex in an interscholastic athletic activity. 2023 STATE OF WYOMING 23LSO-0252 4 HB0187 1 2 (c) A government entity or licensing or accrediting 3 organization shall not entertain a complaint, open an 4 investigation or take any other adverse action against a 5 school described in subsection (a) of this section for 6 maintaining separate school athletic activities for 7 students of the female sex. 8 9 (d) Nothing in this section prohibits a school from 10 allowing a student of either gender from participating with 11 a team designated for students of the female sex, 12 consistent with school policy, outside of competition in an 13 interscholastic athletic activity in accordance with 14 subsection (b) of this section. 15 16 ARTICLE 2 17 STUDENT ELIGIBILITY 18 19 21-25-201. Definitions. 20 21 (a) As used in this article: 22 2023 STATE OF WYOMING 23LSO-0252 5 HB0187 1 (i) "Athletic association" means an association 2 that governs or regulates a student's participation in an 3 athletic interscholastic activity; 4 5 (ii) "Board" means the state board of education; 6 7 (iii) "Female-designated" means an 8 interscholastic activity that is designated specifically 9 for female students; 10 11 (iv) "Gender-designated" means an 12 interscholastic activity or facility that is designated 13 specifically for female or male students; 14 15 (v) "Gender identity" has the meaning provided 16 in the Diagnostic and Statistical Manual (DSM-5). A 17 person's gender identity can be shown by providing 18 evidence, including but not limited to medical history, 19 care or treatment of the gender identity, consistent and 20 uniform assertion of the gender identity or other evidence 21 that the gender identity is sincerely held, part of a 22 person's core identity and not being asserted for an 23 improper purpose; 2023 STATE OF WYOMING 23LSO-0252 6 HB0187 1 2 (vi) "Interscholastic activity" means an 3 activity in which a student represents the student's school 4 in the activity in competition against another school; 5 6 (vii) "Male-designated" means an interscholastic 7 activity that is designated specifically for male students; 8 9 (viii) "Student" means a student who is enrolled 10 in a K-12 public school that participates in 11 interscholastic activities; 12 13 (ix) "This article" means W.S. 21-25-201 through 14 21-25-204. 15 16 21-25-202. Effect contingent on court ruling. 17 18 This article is effective only during the period when a 19 court of competent jurisdiction has invalidated or enjoined 20 W.S. 21-25-102. The attorney general shall, within thirty 21 (30) days of the date of any invalidation or enjoinder, 22 notify the governor who shall certify to the office of the 23 secretary of state that this article is effective. If at 2023 STATE OF WYOMING 23LSO-0252 7 HB0187 1 any point the invalidation or enjoinder is lifted, the 2 attorney general shall, within thirty (30) days of the 3 invalidation or enjoinder being lifted, notify the governor 4 who shall certify to the office of the secretary of state 5 that this article is no longer effective and W.S. 21-25-102 6 is effective. 7 8 21-25-203. School activity eligibility. 9 10 (a) The board shall determine the eligibility of a 11 student to participate in interscholastic activities as 12 provided in this article, and may consult with mental 13 health professionals, sports physiologists, coaches, 14 athletic directors and other experts in making a 15 determination of eligibility. 16 17 (b) The board shall promulgate rules to determine 18 eligibility based on physical characteristics for the age 19 and gender group in a given gender-designated 20 interscholastic activity including height, weight, physical 21 characteristics relevant to the application of the standard 22 described in W.S. 21-25-204 and other relevant factors. 23 2023 STATE OF WYOMING 23LSO-0252 8 HB0187 1 (c) Any record of the board, including any 2 communication between an athletic association and the 3 board, that relates to a specific student is not a public 4 record for purposes of W.S. 16-4-201 through 16-4-205. 5 6 (d) Members of the board are immune from suit with 7 respect to all acts done and actions taken in good faith in 8 carrying out the purposes of this article. 9 10 21-25-204. Eligibility for interscholastic 11 activities. 12 13 (a) Notwithstanding any state board rule or policy of 14 an athletic association, and except as provided in 15 subsections (b) and (c) of this section: 16 17 (i) Once a student has obtained the eligibility 18 approval of the board under subsection (d) of this section, 19 the student may participate in a gender-designated 20 interscholastic activity that does not correspond with the 21 sex designation on the student's birth certificate; or 22 2023 STATE OF WYOMING 23LSO-0252 9 HB0187 1 (ii) If a student does not obtain the 2 eligibility approval of the board under subsection (d) of 3 this section, the student shall not participate in a 4 gender-designated interscholastic activity that does not 5 correspond with the sex designation on the student's birth 6 certificate. 7 8 (b) A student who has undergone or is undergoing a 9 gender transition shall obtain the eligibility approval of 10 the board under subsection (d) of this section before 11 participating in a gender-designated interscholastic 12 activity that corresponds with the student's gender 13 identity. 14 15 (c) Nothing in this subsection prohibits a student 16 from participating in a gender-designated interscholastic 17 activity in accordance with 34 C.F.R. 106.41(b) as of 18 December 31, 2022. 19 20 (d) When a student registers to participate in a 21 gender-designated interscholastic activity: 22 2023 STATE OF WYOMING 23LSO-0252 10 HB0187 1 (i) A student who has undergone or is undergoing 2 a gender transition shall notify the athletic association 3 of the student's transition and the need for the board's 4 eligibility approval as described in subsection (b) of this 5 section; 6 7 (ii) The athletic association shall notify the 8 board of a student for whom an eligibility determination of 9 the board is required due to the sex designation on the 10 student's birth certificate not corresponding with the 11 gender-designation of the gender-designated interscholastic 12 activity in which the student seeks to participate or the 13 student's notice of a gender transition under paragraph 14 (a)(ii) of this section; 15 16 (iii) The board shall notify the student 17 described in paragraphs (i) and (ii) of this subsection 18 regarding the process for determining the student's 19 eligibility for the activity under this section. 20 21 (e) The board shall: 22 2023 STATE OF WYOMING 23LSO-0252 11 HB0187 1 (i) Schedule a closed meeting to consider a 2 student's eligibility to be held within thirty (30) days 3 after the day on which the board receives the notification 4 described in subsection (d) of this section; and 5 6 (ii) Notify the relevant athletic association 7 and the student's parents or legal guardians of the 8 scheduled meeting. 9 10 (f) Before the meeting described in subsection (e) of 11 this section: 12 13 (i) The student for whom the board has scheduled 14 the meeting or the student's parent or guardian may submit 15 to the board any information the student wishes to disclose 16 to the board that may be relevant to the board's 17 eligibility determination, including information regarding: 18 19 (A) The gender-designated interscholastic 20 activities for which the student seeks eligibility; 21 2023 STATE OF WYOMING 23LSO-0252 12 HB0187 1 (B) The gender-designated interscholastic 2 activities in which the student has previously 3 participated; and 4 5 (C) The student's physical characteristics 6 or medical treatments that support the student's 7 eligibility for the specific gender-designated 8 interscholastic activity. 9 10 (ii) The board may request additional evidence 11 from the student that is: 12 13 (A) Limited to the extent possible to 14 protect the student's privacy; and 15 16 (B) Only directly relevant to the board's 17 eligibility determination. 18 19 (iii) The board may offer the student a voucher 20 to cover the cost of a diagnostic assessment if the board 21 makes a request for medical information under paragraph 22 (ii) of this subsection for which the student's insurance 2023 STATE OF WYOMING 23LSO-0252 13 HB0187 1 does not provide coverage or reimbursement for the 2 diagnostic that: 3 4 (A) Would provide the requested 5 information; and 6 7 (B) Is not free or otherwise readily 8 available without additional expense to the student. 9 10 (g) During the meeting described in subsection (e) of 11 this section: 12 13 (i) Only the following persons may be present or 14 participate electronically: 15 16 (A) The student for whom the board is 17 meeting to make an eligibility determination; 18 19 (B) The student's parents or guardians; 20 21 (C) The members and necessary staff of the 22 board; and 23 2023 STATE OF WYOMING 23LSO-0252 14 HB0187 1 (D) Any medical professionals or other 2 witnesses the student chooses to include to support the 3 student's eligibility. 4 5 (ii) Attendees may participate in person or 6 electronically; 7 8 (iii) The board shall: 9 10 (A) Hear the information that supports the 11 student's eligibility; 12 13 (B) Render the board's eligibility 14 determination in accordance with subsection (h) of this 15 section or request additional information and schedule an 16 additional board meeting to be held within thirty (30) days 17 of the meeting and in accordance with this subsection to 18 discuss the additional information and render the board's 19 eligibility determination. 20 21 (h) In making an eligibility determination, the 22 board, after considering whether the student's assertion of 23 a gender identity is consistent with the statutory 2023 STATE OF WYOMING 23LSO-0252 15 HB0187 1 definition of gender identity, including the implications 2 for the student's mental health of participating in the 3 gender-designated interscholastic activity, shall: 4 5 (i) Make a determination regarding whether, when 6 measured against the eligibility criteria established by 7 rule of the commission, granting the student's eligibility 8 would: 9 10 (A) Present a substantial safety risk to 11 the student or others that is significantly greater than 12 the inherent risks of the given activity; or 13 14 (B) Likely give the student a material 15 competitive advantage when compared to students of the same 16 age competing in the relevant gender-designated activity, 17 including consideration of the student's previous history 18 of participation in gender-designated interscholastic 19 activities. 20 21 (ii) Record the board's decision and rationale 22 in writing and provide the written decision to the student 2023 STATE OF WYOMING 23LSO-0252 16 HB0187 1 within thirty (30) days after the day on which the board 2 renders an eligibility decision. 3 4 (j) Notwithstanding any other provision of law and 5 except as provided in subsections (h) and (k) of this 6 section, the board shall not disclose: 7 8 (i) The name of a student whose eligibility the 9 board will consider, is considering, or has considered; 10 11 (ii) The board's determination regarding a 12 student's eligibility. 13 14 (k) The board shall disclose the board's 15 determination of a student's eligibility for a given 16 gender-designated interscholastic activity to the relevant 17 athletic association, only for the purpose of confirming 18 whether the student is eligible for the interscholastic 19 activity. 20 21 (m) Notwithstanding any other provision of law, no 22 athletic association shall disclose the information 23 described in paragraphs (j)(i) and (ii) of this section. 2023 STATE OF WYOMING 23LSO-0252 17 HB0187 1 2 (n) Nothing in subsections (k) or (m) of this section 3 prohibits an athletic association from affirming that a 4 student is eligible if the eligibility of a student is 5 questioned. 6 7 Section 2. W.S. 16-4-405(a) by creating a new 8 paragraph (xiii) and 21-2-304(a) by creating a new 9 paragraph (viii) are amended to read: 10 11 16-4-405. Executive sessions. 12 13 (a) A governing body of an agency may hold executive 14 sessions not open to the public: 15 16 (xiii) To consider an individual student's 17 eligibility to participate in an interscholastic activity, 18 including the state board of education's determinative vote 19 on the student's eligibility, pursuant to W.S. 21-25-204, 20 if that section is in effect pursuant to W.S. 21-25-202. 21 22 21-2-304. Duties of the state board of education. 23 2023 STATE OF WYOMING 23LSO-0252 18 HB0187 1 (a) The state board of education shall: 2 3 (viii) Determine a student's eligibility for 4 interscholastic activities pursuant to article 2, chapter 5 25 of title 21 if that article is in effect pursuant to 6 W.S. 21-25-202. 7 8 Section 3. This act is effective July 1, 2023. 9 10 (END)