Text of WY HB 187 (2023)
Student eligibility in interscholastic activities-2.
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As introduced
16,584 characters
2023
STATE OF WYOMING
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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:
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10
Section
1. W.S.
21-25-101
through
21-25-204
are
11
created to read:
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13
CHAPTER 25
14
STUDENT ELIGIBILITY IN INTERSCHOLASTIC ACTIVITIES
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HB0187
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ARTICLE 1
2
PARTICIPATION IN FEMALE SPORTS
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4
21-25-101. Definitions.
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6
(a) As used in this chapter:
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8
(i) "Coed" or "mixed" means that a team is
9
composed of members of both sexes who traditionally compete
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together;
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(ii) "Interscholastic athletic activity" means
13
that a student represents the student's school in an
14
athletic or sporting activity;
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(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;
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(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.
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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:
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(i) Designated for students of the male sex;
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(ii) Designated for students of the female sex;
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or
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(iii) Coed or mixed.
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(b) A student of the male sex shall not compete, and
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a public school shall not allow a student of the male sex
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to compete, with a team designated for students of the
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female sex in an interscholastic athletic activity.
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HB0187
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(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
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maintaining
separate
school
athletic
activities
for
7
students of the female sex.
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9
(d) Nothing in this section prohibits a school from
10
allowing a student of either gender from participating with
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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.
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ARTICLE 2
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STUDENT ELIGIBILITY
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21-25-201. Definitions.
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(a) As used in this article:
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(i) "Athletic association" means an association
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that governs or regulates a student's participation in an
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athletic interscholastic activity;
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5
(ii) "Board" means the state board of education;
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(iii) "Female-designated"
means
an
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interscholastic activity that is designated specifically
9
for female students;
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(iv) "Gender-designated"
means
an
12
interscholastic activity or facility that is designated
13
specifically for female or male students;
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(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
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that the gender identity is sincerely held, part of a
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person's core identity and not being asserted for an
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improper purpose;
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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;
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(vii) "Male-designated" means an interscholastic
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activity that is designated specifically for male students;
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(viii) "Student" means a student who is enrolled
10
in
a
K-12
public
school
that
participates
in
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interscholastic activities;
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(ix) "This article" means W.S. 21-25-201 through
14
21-25-204.
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21-25-202. Effect contingent on court ruling.
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This article is effective only during the period when a
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court of competent jurisdiction has invalidated or enjoined
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W.S. 21-25-102. The attorney general shall, within thirty
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(30) days of the date of any invalidation or enjoinder,
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notify the governor who shall certify to the office of the
23
secretary of state that this article is effective. If at
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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.
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21-25-203. School activity eligibility.
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(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.
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(b) The board shall promulgate rules to determine
18
eligibility based on physical characteristics for the age
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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.
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(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
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(d) Members of the board are immune from suit with
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respect to all acts done and actions taken in good faith in
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carrying out the purposes of this article.
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21-25-204. Eligibility
for
interscholastic
11
activities.
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(a) Notwithstanding any state board rule or policy of
14
an
athletic
association,
and
except
as
provided
in
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subsections (b) and (c) of this section:
16
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(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
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(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.
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(b) A student who has undergone or is undergoing a
9
gender transition shall obtain the eligibility approval of
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the board under subsection (d) of this section before
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participating
in
a
gender-designated
interscholastic
12
activity
that
corresponds
with
the
student's
gender
13
identity.
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(c) Nothing in this subsection prohibits a student
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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.
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(d) When a student registers to participate in a
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gender-designated interscholastic activity:
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(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;
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(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
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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;
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(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.
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(e) The board shall:
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(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
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(ii) Notify the relevant athletic association
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and the student's parents or legal guardians of the
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scheduled meeting.
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(f) Before the meeting described in subsection (e) of
11
this section:
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(i) The student for whom the board has scheduled
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the meeting or the student's parent or guardian may submit
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to the board any information the student wishes to disclose
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to
the
board
that may be relevant to the
board's
17
eligibility determination, including information regarding:
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(A) The
gender-designated
interscholastic
20
activities for which the student seeks eligibility;
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(B) The
gender-designated
interscholastic
2
activities
in
which
the
student
has
previously
3
participated; and
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(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.
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(ii) The board may request additional evidence
11
from the student that is:
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(A) Limited
to
the
extent
possible
to
14
protect the student's privacy; and
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(B) Only directly relevant to the board's
17
eligibility determination.
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(iii) The board may offer the student a voucher
20
to cover the cost of a diagnostic assessment if the board
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makes a request for medical information under paragraph
22
(ii) of this subsection for which the student's insurance
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does
not
provide
coverage
or
reimbursement
for
the
2
diagnostic that:
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4
(A) Would
provide
the
requested
5
information; and
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(B) Is
not
free
or
otherwise
readily
8
available without additional expense to the student.
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(g) During the meeting described in subsection (e) of
11
this section:
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(i) Only the following persons may be present or
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participate electronically:
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(A) The student for whom the board is
17
meeting to make an eligibility determination;
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(B) The student's parents or guardians;
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(C) The members and necessary staff of the
22
board; and
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(D) Any
medical
professionals
or
other
2
witnesses the student chooses to include to support the
3
student's eligibility.
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5
(ii) Attendees may participate in person or
6
electronically;
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(iii) The board shall:
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(A) Hear the information that supports the
11
student's eligibility;
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(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
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discuss the additional information and render the board's
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eligibility determination.
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(h) In
making
an
eligibility
determination,
the
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board, after considering whether the student's assertion of
23
a
gender
identity
is
consistent
with
the
statutory
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definition of gender identity, including the implications
2
for the student's mental health of participating in the
3
gender-designated interscholastic activity, shall:
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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:
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(A) Present a substantial safety risk to
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the student or others that is significantly greater than
12
the inherent risks of the given activity; or
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(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.
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(ii) Record the board's decision and rationale
22
in writing and provide the written decision to the student
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within thirty (30) days after the day on which the board
2
renders an eligibility decision.
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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:
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8
(i) The name of a student whose eligibility the
9
board will consider, is considering, or has considered;
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11
(ii) The
board's
determination
regarding
a
12
student's eligibility.
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(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.
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(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.
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(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.
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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:
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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.
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21-2-304. Duties of the state board of education.
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(a) The state board of education shall:
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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.
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8
Section 3. This act is effective July 1, 2023.
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(END)