Text of WY SF 133 (2023)
Student eligibility in interscholastic sports.
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As introduced
18,666 characters
2023
STATE OF WYOMING
23LSO-0391
1
SF0133
SENATE FILE NO. SF0133
Student eligibility in interscholastic sports.
Sponsored
by:
Senator(s)
Schuler,
Biteman,
French,
Hutchings, Jones, Kolb, McKeown, Salazar and
Steinmetz
and
Representative(s)
Allred,
Berger,
Crago,
Haroldson,
Harshman,
Henderson,
Jennings,
Rodriguez-Williams,
Sommers, Styvar and Trujillo
A BILL
for
1
AN ACT relating to education; prohibiting students of the
2
male sex from competing on a team designated for students
3
of the female sex as specified; alternatively providing for
4
a commission to determine student eligibility as specified;
5
providing
definitions;
providing
an
appropriation;
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
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SF0133
1
STUDENT ELIGIBILITY IN INTERSCHOLASTIC ACTIVITIES
2
3
ARTICLE 1
4
PARTICIPATION IN FEMALE SPORTS
5
6
21-25-101. Definitions.
7
8
(a) As used in this chapter:
9
10
(i) "Coed" or "mixed" means that a team is
11
composed of members of both sexes who traditionally compete
12
together;
13
14
(ii) "Interscholastic athletic activity" means
15
that a student represents the student's school in an
16
athletic or sporting activity;
17
18
(iii) "School" includes primary and secondary
19
schools but does not include institutions of higher
20
education;
21
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SF0133
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.
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SF0133
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
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SF0133
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) "Commission"
means
the
school
activity
6
eligibility commission created in W.S. 21-25-203;
7
8
(iii) "Female-designated"
means
an
9
interscholastic activity that is designated specifically
10
for female students;
11
12
(iv) "Gender-designated"
means
an
13
interscholastic activity or facility that is designated
14
specifically for female or male students;
15
16
(v) "Interscholastic activity" means an activity
17
in which a student represents the student's school in the
18
activity in competition against another school;
19
20
(vi) "Male-designated" means an interscholastic
21
activity that is designated specifically for male students;
22
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SF0133
1
(vii) "Student" means a student who is enrolled
2
in
a
K-12
public
school
that
participates
in
3
interscholastic activities;
4
5
(viii) "This
article"
means
W.S.
21-25-201
6
through 21-25-204.
7
8
21-25-202. Effect contingent on court ruling.
9
10
This article is effective only during the period when a
11
court of competent jurisdiction has invalidated or enjoined
12
W.S. 21-25-102. The attorney general shall, within thirty
13
(30) days of the date of any invalidation or enjoinder,
14
notify the governor who shall certify to the office of the
15
secretary of state that this article is effective. If at
16
any point the invalidation or enjoinder is lifted, the
17
attorney general shall, within thirty (30) days of the
18
invalidation or enjoinder being lifted, notify the governor
19
who shall certify to the office of the secretary of state
20
that this article is no longer effective and W.S. 21-25-102
21
is effective.
22
23
21-25-203. School activity eligibility commission.
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SF0133
1
2
(a) There is created the school activity eligibility
3
commission.
4
5
(b) The commission shall consist of five (5) members
6
appointed by the governor within thirty (30) days following
7
this article becoming effective pursuant to W.S. 21-25-202
8
and who may be removed by the governor as provided in W.S.
9
9-1-202. The members shall be residents of the state of
10
Wyoming and shall consist of:
11
12
(i) A current or former athletic director or
13
coach;
14
15
(ii) A mental health professional;
16
17
(iii) A parent of a current student;
18
19
(iv) Two members at large.
20
21
(c) All members of the commission shall be required
22
to
constitute
a
quorum
of
the
commission
for
the
23
determination of the eligibility of a student. A majority
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SF0133
1
of the commission constitutes a quorum for any other
2
purpose.
3
4
(d) An action of a majority of a quorum constitutes
5
an action of the commission.
6
7
(e) The members of the commission shall elect a
8
chairman from among their membership. Appointments by the
9
governor
shall
be
made
within
thirty
(30)
days
of
10
expiration of membership terms. Each member shall serve a
11
three (3) year term. A vacancy on the commission shall be
12
filled for the unexpired term by the governor.
13
14
(f) The chairman of the commission shall:
15
16
(i) Schedule meetings of the commission;
17
18
(ii) Set the agenda of commission meetings; and
19
20
(iii) Facilitate
discussion
among
the
21
commission's members.
22
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SF0133
1
(g) Members of the commission shall serve without
2
salary but shall receive per diem and mileage or actual
3
expenses for attending meetings in the manner and amounts
4
provided by law for state employees. Members who are
5
government employees shall be
considered on official
6
business of their agency when performing duties as members
7
of the commission.
8
9
(h) The
commission
shall
promulgate
rules
to
10
determine eligibility based on physical characteristics for
11
the age and gender group in a given gender-designated
12
interscholastic activity including height, weight, physical
13
characteristics relevant to the application of the standard
14
described in W.S. 21-25-204 and other relevant factors.
15
16
(j) Any record of the commission, including any
17
communication between an athletic association and the
18
commission, that relates to a specific student is not a
19
public record for purposes of the Public Records Act, W.S.
20
16-4-201 through 16-4-205 and shall not be available for
21
inspection under that Act.
22
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SF0133
1
(k) Members of the commission are immune from suit
2
with respect to all acts done and actions taken in good
3
faith in carrying out the purposes of this article.
4
5
(m) The commission has no authority in relation to
6
eligibility
questions
other
than
participation
in
a
7
gender-designated
interscholastic
activity
under
this
8
article.
9
10
(o) Necessary clerical and administrative support for
11
the commission shall be furnished by the Wyoming department
12
of education.
13
14
21-25-204. Eligibility
for
interscholastic
15
activities.
16
17
(a) Notwithstanding any state board rule or policy of
18
an
athletic
association,
and
except
as
provided
in
19
subsections (b) and (c) of this section:
20
21
(i) Once a student has obtained the eligibility
22
approval of the commission under subsection (d) of this
23
section, the student may participate in a gender-designated
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SF0133
1
interscholastic activity that does not correspond with the
2
sex designation on the student's birth certificate; or
3
4
(ii) If
a
student
does
not
obtain
the
5
eligibility approval of the commission under subsection (d)
6
of this section, the student shall not participate in a
7
gender-designated interscholastic activity that does not
8
correspond with the sex designation on the student's birth
9
certificate.
10
11
(b) A student who has undergone or is undergoing a
12
gender transition shall obtain the eligibility approval of
13
the commission under subsection (d) of this section before
14
participating
in
a
gender-designated
interscholastic
15
activity that does not correspond with the student's
16
biological sex.
17
18
(c) Nothing in this subsection prohibits a student
19
from participating in a gender-designated interscholastic
20
activity in accordance with 34 C.F.R. 106.41(b) as of
21
December 31, 2022.
22
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SF0133
1
(d) When a student registers to participate in a
2
gender-designated interscholastic activity:
3
4
(i) A student who has undergone or is undergoing
5
a gender transition shall notify the athletic association
6
of
the
student's
transition
and
the
need
for
the
7
commission's
eligibility
approval
as
described
in
8
subsection (b) of this section;
9
10
(ii) The athletic association shall notify the
11
commission
of
a
student
for
whom
an
eligibility
12
determination of the commission is required due to the sex
13
designation
on
the
student's
birth
certificate
not
14
corresponding
with
the
gender-designation
of
the
15
gender-designated interscholastic activity in which the
16
student seeks to participate or the student's notice of a
17
gender transition under paragraph (a)(ii) of this section;
18
19
(iii) The commission shall notify the student
20
described in paragraphs (i) and (ii) of this subsection
21
regarding
the
process
for
determining
the
student's
22
eligibility for the activity under this section.
23
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SF0133
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(e) The commission shall:
2
3
(i) Schedule a closed meeting to consider a
4
student's eligibility to be held within thirty (30) days
5
after the day on which the commission receives the
6
notification described in subsection (d) of this section;
7
and
8
9
(ii) Notify the relevant athletic association
10
and the student's parents or legal guardians of the
11
scheduled meeting.
12
13
(f) Before the meeting described in subsection (e) of
14
this section:
15
16
(i) The student for whom the commission has
17
scheduled the meeting or the student's parent or guardian
18
may submit to the commission any information the student
19
wishes to disclose to the commission that may be relevant
20
to the commission's eligibility determination, including
21
information regarding:
22
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SF0133
1
(A) The
gender-designated
interscholastic
2
activities for which the student seeks eligibility;
3
4
(B) The
gender-designated
interscholastic
5
activities
in
which
the
student
has
previously
6
participated; and
7
8
(C) The student's physical characteristics
9
or
medical
treatments
that
support
the
student's
10
eligibility
for
the
specific
gender-designated
11
interscholastic activity.
12
13
(ii) The
commission
may
request
additional
14
evidence from the student that is:
15
16
(A) Limited
to
the
extent
possible
to
17
protect the student's privacy; and
18
19
(B) Only
directly
relevant
to
the
20
commission's eligibility determination.
21
22
(iii) The commission may offer the student a
23
voucher to cover the cost of a diagnostic assessment if the
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SF0133
1
commission makes a request for medical information under
2
paragraph (ii) of this subsection for which the student's
3
insurance does not provide coverage or reimbursement for
4
the diagnostic that:
5
6
(A) Would
provide
the
requested
7
information; and
8
9
(B) Is
not
free
or
otherwise
readily
10
available without additional expense to the student.
11
12
(g) During the meeting described in subsection (e) of
13
this section:
14
15
(i) Only the following persons may be present or
16
participate electronically:
17
18
(A) The student for whom the commission is
19
meeting to make an eligibility determination;
20
21
(B) The student's parents or guardians;
22
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SF0133
1
(C) The members and necessary staff of the
2
commission; and
3
4
(D) Any
medical
professionals
or
other
5
witnesses the student chooses to include to support the
6
student's eligibility.
7
8
(ii) Attendees may participate in person or
9
electronically;
10
11
(iii) The commission shall:
12
13
(A) Hear the information that supports the
14
student's eligibility;
15
16
(B) Render
the
commission's
eligibility
17
determination in accordance with subsection (h) of this
18
section or request additional information and schedule an
19
additional commission meeting to be held within thirty (30)
20
days of the meeting and in accordance with this subsection
21
to discuss the additional information and render the
22
commission's eligibility determination.
23
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SF0133
1
(h) In
making
an
eligibility
determination
the
2
commission shall:
3
4
(i) Make a determination regarding whether, when
5
measured against the eligibility criteria established by
6
rule of the commission, granting the student's eligibility
7
would:
8
9
(A) Present a substantial safety risk to
10
the student or others that is significantly greater than
11
the inherent risks of the given activity; or
12
13
(B) Likely give the student a material
14
competitive advantage when compared to students of the same
15
age competing in the relevant gender-designated activity,
16
including consideration of the student's previous history
17
of
participation
in
gender-designated
interscholastic
18
activities.
19
20
(ii) Record
the
commission's
decision
and
21
rationale in writing and provide the written decision to
22
the student within thirty (30) days after the day on which
23
the commission renders an eligibility decision.
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SF0133
1
2
(j) Notwithstanding any other provision of law and
3
except as provided in subsections (h) and (k) of this
4
section, the commission shall not disclose:
5
6
(i) The name of a student whose eligibility the
7
commission
will
consider,
is
considering,
or
has
8
considered;
9
10
(ii) The commission's determination regarding a
11
student's eligibility.
12
13
(k) The commission shall disclose the commission's
14
determination of a student's eligibility for a given
15
gender-designated interscholastic activity to the relevant
16
athletic association, only for the purpose of confirming
17
whether the student is eligible for the interscholastic
18
activity.
19
20
(m) Notwithstanding any other provision of law, no
21
athletic
association
shall
disclose
the
information
22
described in paragraphs (j)(i) and (ii) of this section.
23
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SF0133
1
(n) Nothing in subsections (k) or (m) of this section
2
prohibits an athletic association from affirming that a
3
student is eligible if the eligibility of a student is
4
questioned.
5
6
Section 2. W.S. 16-4-405 by creating a new paragraph
7
(xiii) is amended to read:
8
9
16-4-405. Executive sessions.
10
11
(a) A governing body of an agency may hold executive
12
sessions not open to the public:
13
14
(xiii) _To
consider
an
individual
student's
15
eligibility to participate in an interscholastic activity,
16
including the school activity eligibility commission's
17
determinative vote on the student's eligibility, pursuant
18
to W.S. 21-25-204, if the commission is in effect pursuant
19
to W.S. 21-25-202.
20
21
Section 3. There is appropriated thirty thousand
22
dollars
($30,000.00)
from
the
general
fund
to
the
23
department of education for purposes of funding the school
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SF0133
1
activity eligibility commission created under this act for
2
the period beginning July 1, 2023 and ending June 30, 2024.
3
This appropriation shall not be transferred or expended for
4
any other purpose and any unexpended, unobligated funds
5
remaining from this appropriation on June 30, 2024 shall
6
revert as provided by law. It is the intent of the
7
legislature that this appropriation be included in the
8
standard budget for the department of education for the
9
immediately succeeding fiscal biennium.
10
11
Section 4. This act is effective July 1, 2023.
12
13
(END)
As enrolled or final
20,725 characters
ORIGINAL SENATE
ENGROSSED
FILE NO. SF0133
ENROLLED ACT NO. 92, SENATE
SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 GENERAL SESSION
1
AN ACT relating to education; prohibiting students of the
male sex from competing on a team designated for students
of the female sex as specified; prohibiting retaliation;
providing for an administrative hearing as specified;
alternatively providing for a commission to determine
student eligibility as specified; providing definitions;
providing
immunity
as
specified;
providing
an
appropriation; requiring rulemaking; and providing for an
effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section
1. W.S.
21-25-101
through
21-25-204
are
created to read:
CHAPTER 25
STUDENT ELIGIBILITY IN INTERSCHOLASTIC ACTIVITIES
ARTICLE 1
PARTICIPATION IN FEMALE SPORTS
21-25-101. Definitions.
(a) As used in this chapter:
(i) "Coed" or "mixed" means that a team is
composed of members of both sexes who traditionally compete
together;
(ii) "Interscholastic athletic activity" means
that a student represents the student's school in a Wyoming
high school activities association sanctioned sport;
(iii) "School" means a school consisting of
grades seven (7) through 12 (twelve), or any combination of
ORIGINAL SENATE
ENGROSSED
FILE NO. SF0133
ENROLLED ACT NO. 92, SENATE
SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 GENERAL SESSION
2
grades within this range, as determined by the plan of
organization by the school district board of trustees;
(iv) "Sex"
means
the
biological,
physical
condition of being male or female, determined by an
individual's genetics and anatomy at birth.
21-25-102. Participation
in
school
athletic
activities.
(a) A public school or a private school that competes
against a public school shall expressly designate school
athletic activities and teams as one (1) of the following
based on sex:
(i) Designated for students of the male sex;
(ii) Designated for students of the female sex;
or
(iii) Coed or mixed.
(b) A student of the male sex shall not compete, and
a public school shall not allow a student of the male sex
to compete, in an athletic activity or team designated for
students of the female sex.
(c) A government entity or licensing or accrediting
organization shall not entertain a complaint, open an
investigation or take any other adverse action against a
school described in subsection (a) of this section for
maintaining separate school athletic activities and teams
for students of the female sex.
(d) Nothing in this section shall be construed to:
ORIGINAL SENATE
ENGROSSED
FILE NO. SF0133
ENROLLED ACT NO. 92, SENATE
SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 GENERAL SESSION
3
(i) Restrict the eligibility of any student to
participate
in
any
interscholastic
athletic
activity
designated for students of the male sex or designated as
coed or mixed; or
(ii) Prohibit a school from permitting males to
train or practice with an interscholastic athletic activity
that is designated for females so long as no female is
deprived of a roster spot on a team or sport, opportunity
to participate in a practice or competition, scholarship,
admission to an educational institution or any other
benefit
that
accompanies
participating
in
the
interscholastic athletic activity.
(e) A
government
entity,
any
licensing
or
any
athletic association shall not retaliate or take any
adverse action against:
(i) A school for maintaining separate athletic
teams or sports for students of the female sex; or
(ii) A student if the student or the parent or
guardian of a student requests a contested case pursuant to
subsection (f) of this section or that reports a violation
of this section to an employee or representative of the
school or athletic association.
(f) Any student or parent or guardian of a student
aggrieved by an act of a government entity, school,
athletic
association
or
licensing
or
accrediting
organization for failing to enforce the provisions of this
act, may seek review in accordance with the Wyoming
Administrative Procedures Act. In accordance with W.S.
ORIGINAL SENATE
ENGROSSED
FILE NO. SF0133
ENROLLED ACT NO. 92, SENATE
SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 GENERAL SESSION
4
16-3-112, review of a decision of a government entity,
school, athletic association or licensing or accrediting
organization under this subsection shall be before the
state board of education.
ARTICLE 2
STUDENT ELIGIBILITY
21-25-201. Definitions.
(a) As used in this article:
(i) "Athletic association" means an association
that governs or regulates a student's participation in an
athletic interscholastic activity;
(ii) "Commission"
means
the
school
activity
eligibility commission created in W.S. 21-25-203;
(iii) "Female-designated"
means
an
interscholastic activity that is designated specifically
for female students;
(iv) "Gender-designated"
means
an
interscholastic activity or facility that is designated
specifically for female or male students;
(v) "Gender identity" means as stated in the
Diagnostic and Statistical Manual. A person's gender
identity can be shown by providing evidence, including but
not limited to medical history, care or treatment of the
gender identity, consistent and uniform assertion of the
gender identity or the evidence that the gender identity is
sincerely held, part of a person's core identity and not
being asserted for an improper purpose;
ORIGINAL SENATE
ENGROSSED
FILE NO. SF0133
ENROLLED ACT NO. 92, SENATE
SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 GENERAL SESSION
5
(vi) "Interscholastic
activity"
means
an
activity in which a student represents the student's school
in the activity in competition against another school;
(vii) "Male-designated" means an interscholastic
activity that is designated specifically for male students;
(viii) "Student" means a student who is enrolled
in grades seven (7) through twelve (12) of a public school
that participates in interscholastic activities;
(ix) "This article" means W.S. 21-25-201 through
21-25-204.
21-25-202. Effect contingent on court ruling.
This article is effective only during the period when a
court of competent jurisdiction has invalidated or enjoined
W.S. 21-25-102. The attorney general shall, within thirty
(30) days of the date of any invalidation or enjoinder,
notify the governor who shall certify to the office of the
secretary of state that this article is effective. If at
any point the invalidation or enjoinder is lifted, the
attorney general shall, within thirty (30) days of the
invalidation or enjoinder being lifted, notify the governor
who shall certify to the office of the secretary of state
that this article is no longer effective and W.S. 21-25-102
is effective.
21-25-203. School activity eligibility commission.
(a) There is created the school activity eligibility
commission.
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(b) The commission shall consist of five (5) members
appointed by the Wyoming high school activities association
within thirty (30) days following this article becoming
effective pursuant to W.S. 21-25-202 and who may be removed
by the Wyoming high school activities association. The
members shall be residents of the state of Wyoming and
shall consist of:
(i) A current or former athletic director or
coach;
(ii) A mental health professional;
(iii) A parent of a current student;
(iv) Two members at large.
(c) All members of the commission shall be required
to
constitute
a
quorum
of
the
commission
for
the
determination of the eligibility of a student. A majority
of the commission constitutes a quorum for any other
purpose.
(d) An action of a majority of a quorum constitutes
an action of the commission.
(e) The members of the commission shall elect a
chairman from among their membership. Appointments by the
Wyoming high school activities association shall be made
within thirty (30) days of expiration of membership terms.
Each member shall serve a three (3) year term. A vacancy on
the commission shall be filled for the unexpired term by
the Wyoming high school activities association.
(f) The chairman of the commission shall:
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(i) Schedule meetings of the commission;
(ii) Set the agenda of commission meetings; and
(iii) Facilitate
discussion
among
the
commission's members.
(g) Members of the commission shall serve without
salary but shall receive per diem and mileage or actual
expenses for attending meetings in the manner and amounts
provided by law for state employees. Members who are
government employees shall be
considered on official
business of their agency when performing duties as members
of the commission.
(h) The
commission
shall
promulgate
rules
to
determine eligibility based on physical characteristics for
the age and gender group in a given gender-designated
interscholastic activity including height, weight, physical
characteristics relevant to the application of the standard
described in W.S. 21-25-204 and other relevant factors.
(j) Any record of the commission, including any
communication between an athletic association and the
commission, that relates to a specific student is not a
public record for purposes of the Public Records Act, W.S.
16-4-201 through 16-4-205 and shall not be available for
inspection under that Act.
(k) The commission has no authority in relation to
eligibility
questions
other
than
participation
in
a
gender-designated
interscholastic
activity
under
this
article.
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(m) Necessary clerical and administrative support for
the commission shall be furnished by the Wyoming department
of education.
(n) Any person, who serves on the commission or on
the Wyoming high school activities association is immune
from
any
liability
arising
from
complying
with
or
administering this act. This immunity shall apply to any
health care provider as defined in W.S. 35-31-101(a)(iii)
that
assists
the
commission
in
making
eligibility
determination in accordance with this act. Nothing in this
subsection shall be construed to limit any other immunity
available under law.
21-25-204. Eligibility
for
interscholastic
activities.
(a) Notwithstanding any state board rule or policy of
an
athletic
association,
and
except
as
provided
in
subsections (b) and (c) of this section:
(i) Once a student has obtained the eligibility
approval of the commission under subsection (d) of this
section, the student may participate in a gender-designated
interscholastic activity that does not correspond with the
sex designation on the student's birth certificate; or
(ii) If
a
student
does
not
obtain
the
eligibility approval of the commission under subsection (d)
of this section, the student shall not participate in a
gender-designated interscholastic activity that does not
correspond with the sex designation on the student's birth
certificate.
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(b) A student who has undergone or is undergoing a
gender transition shall obtain the eligibility approval of
the commission under subsection (d) of this section before
participating
in
a
gender-designated
interscholastic
activity that does not correspond with the student's
biological sex.
(c) Nothing in this subsection prohibits a student
from participating in a gender-designated interscholastic
activity in accordance with 34 C.F.R. 106.41(b) as of
December 31, 2022.
(d) When a student registers to participate in a
gender-designated interscholastic activity:
(i) A student who has undergone or is undergoing
a gender transition shall notify the athletic association
of
the
student's
transition
and
the
need
for
the
commission's
eligibility
approval
as
described
in
subsection (b) of this section;
(ii) The athletic association shall notify the
commission
of
a
student
for
whom
an
eligibility
determination of the commission is required due to the sex
designation
on
the
student's
birth
certificate
not
corresponding
with
the
gender-designation
of
the
gender-designated interscholastic activity in which the
student seeks to participate or the student's notice of a
gender transition under paragraph (a)(ii) of this section;
(iii) The commission shall notify the student
described in paragraphs (i) and (ii) of this subsection
regarding
the
process
for
determining
the
student's
eligibility for the activity under this section.
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(e) The commission shall:
(i) Schedule a closed meeting to consider a
student's eligibility to be held within thirty (30) days
after the day on which the commission receives the
notification described in subsection (d) of this section;
and
(ii) Notify the relevant athletic association
and the student's parents or legal guardians of the
scheduled meeting.
(f) Before the meeting described in subsection (e) of
this section:
(i) The student for whom the commission has
scheduled the meeting or the student's parent or guardian
may submit to the commission any information the student
wishes to disclose to the commission that may be relevant
to the commission's eligibility determination, including
information regarding:
(A) The
gender-designated
interscholastic
activities for which the student seeks eligibility;
(B) The
gender-designated
interscholastic
activities
in
which
the
student
has
previously
participated; and
(C) The student's physical characteristics
or
medical
treatments
that
support
the
student's
eligibility
for
the
specific
gender-designated
interscholastic activity.
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(ii) The
commission
may
request
additional
evidence from the student that is:
(A) Limited
to
the
extent
possible
to
protect the student's privacy; and
(B) Only
directly
relevant
to
the
commission's eligibility determination.
(iii) The commission shall cover the cost of a
diagnostic assessment if the commission makes a request for
medical information under paragraph (ii) of this subsection
for which the student's insurance does not provide coverage
or reimbursement for the diagnostic that:
(A) Would
provide
the
requested
information; and
(B) Is
not
free
or
otherwise
readily
available without additional expense to the student.
(g) During the meeting described in subsection (e) of
this section:
(i) Only the following persons may be present or
participate electronically:
(A) The student for whom the commission is
meeting to make an eligibility determination;
(B) The student's parents or guardians;
(C) The members and necessary staff of the
commission; and
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(D) Any
medical
professionals
or
other
witnesses the student chooses to include to support the
student's eligibility.
(ii) Attendees may participate in person or
electronically;
(iii) The commission shall:
(A) Hear the information that supports the
student's eligibility;
(B) Render
the
commission's
eligibility
determination in accordance with subsection (h) of this
section or request additional information and schedule an
additional commission meeting to be held within thirty (30)
days of the meeting and in accordance with this subsection
to discuss the additional information and render the
commission's eligibility determination.
(h) In
making
an
eligibility
determination
the
commission shall:
(i) Make a determination regarding whether, when
measured against the eligibility criteria established by
rule of the commission, granting the student's eligibility
would:
(A) Present a substantial safety risk to
the student or others that is significantly greater than
the inherent risks of the given activity; or
(B) Likely give the student a material
competitive advantage when compared to students of the same
age competing in the relevant gender-designated activity,
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including consideration of the student's previous history
of
participation
in
gender-designated
interscholastic
activities.
(ii) Record
the
commission's
decision
and
rationale in writing and provide the written decision to
the student within thirty (30) days after the day on which
the commission renders an eligibility decision.
(j) Notwithstanding any other provision of law and
except as provided in subsections (h) and (k) of this
section, the commission shall not disclose:
(i) The name of a student whose eligibility the
commission
will
consider,
is
considering,
or
has
considered;
(ii) The commission's determination regarding a
student's eligibility.
(k) The commission shall disclose the commission's
determination of a student's eligibility for a given
gender-designated interscholastic activity to the relevant
athletic association, only for the purpose of confirming
whether the student is eligible for the interscholastic
activity.
(m) Notwithstanding any other provision of law, no
athletic
association
shall
disclose
the
information
described in paragraphs (j)(i) and (ii) of this section.
(n) Nothing in subsections (k) or (m) of this section
prohibits an athletic association from affirming that a
student is eligible if the eligibility of a student is
questioned.
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Section 2. W.S. 16-4-405 by creating a new paragraph
(xiii) is amended to read:
16-4-405. Executive sessions.
(a) A governing body of an agency may hold executive
sessions not open to the public:
(xiii) _To
consider
an
individual
student's
eligibility to participate in an interscholastic activity,
including the school activity eligibility commission's
determinative vote on the student's eligibility, pursuant
to W.S. 21-25-204, if the commission is in effect pursuant
to W.S. 21-25-202.
Section 3. There is appropriated one hundred thousand
dollars
($100,000.00)
from
the
general
fund
to
the
department of education for purposes of funding the school
activity eligibility commission created under this act for
the period beginning July 1, 2023 and ending June 30, 2024.
This appropriation shall not be transferred or expended for
any other purpose and any unexpended, unobligated funds
remaining from this appropriation on June 30, 2024 shall
revert as provided by law. It is the intent of the
legislature that this appropriation be included in the
standard budget for the department of education for the
immediately succeeding fiscal biennium.
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Section 4. This act is effective July 1, 2023.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk