Proyectos de ley › 89.ª Asamblea General
Relating to student eligibility requirements in school district and accredited nonpublic school athletics based on sex
Temas:K–12 education
Dónde está ahora
- Hecho: Presentado9 de febrero de 2022
- Hecho: Subcomité9 de febrero de 2022
- Hecho: Comité de la Cámara14 de febrero de 2022
- Se saltó: Lo aprueba la CámaraSigue como HF 2416
- Sigue: Comité del Senado
- Sigue: Lo aprueba el Senado
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Ahora es HF 2416 → Sigue avanzando con el número nuevo. Ir a HF 2416 ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA Schools and athletic organizations must group sports teams based on a student's biological sex at birth. Only students identified as female at birth may participate in sports designated for girls or women. If a school or organization breaks these rules, students may be able to sue them in court. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
This bill relates to student eligibility requirements in school district and accredited nonpublic school athletics. The bill requires an interscholastic athletic team, sport, or athletic event that is sponsored or sanctioned by an accredited nonpublic school, school district, or athletic organization must be designated as females, women, or girls; males, men, or boys; or coeducational or mixed based on the sex at birth of the participating students. The bill also requires that only female students, based on their sex, may participate in any team, sport, or athletic event designated as being for females, women, or girls. The bill defines “sex” to mean a person’s biological sex as either female or male, and provides that the sex listed on the student’s official birth certificate or certificate issued upon adoption may be relied upon if the certificate was issued at or near the time of the student’s birth. The bill provides that the protections of Code chapter 670 (tort liability of governmental subdivisions) do not apply to a school district employee or a school district that does not comply with the requirements of the bill. The bill allows a student who suffers direct or indirect harm as a result of a violation of the bill’s requirements to have a private cause of action for injunctive, mandamus, damages, and declaratory relief against the school district, accredited nonpublic school, or high school athletic organization. The bill also provides that a student who was subjected to retaliation or other adverse action by an accredited nonpublic school, school district, or high school athletic organization, as a result of reporting a violation of the bill’s requirements to an employee or representative of the school, school district, high school athletic organization, or to a state or federal governmental entity having oversight authority, has a private cause of action for injunctive, mandamus, damages, and declaratory relief against the accredited nonpublic school, school district, or organization. The bill prohibits any governmental entity from investigating a complaint or taking any adverse action against an accredited nonpublic school, school district, or organization, or any employee of a board of directors or the authorities in charge of an accredited nonpublic school, for compliance with the bill’s requirements. The bill allows an accredited nonpublic school, school district, or high school athletic organization that suffers any direct or indirect harm as a result of a violation of the bill’s requirements to have a private cause of action for injunctive, mandamus, damages, and declaratory relief against the entity that violated the bill’s requirements. The bill provides that a governmental entity, accredited nonpublic school, or school district is immune from liability to any student for its compliance with the bill’s requirements. The bill requires a civil action based on a violation of the bill’s requirements or retaliation for reporting a violation of the bill’s requirements to be initiated within two years from the date the alleged harm occurred. The bill entitles any party prevailing on a claim brought based on a violation of the bill’s requirements or retaliation for reporting a violation of the bill’s requirements to reasonable attorney fees and costs. The bill requires the attorney general to provide legal representation at no cost to an accredited nonpublic school, a school district, or an employee, board of directors member, or a member of the authorities in charge of a nonpublic school for any lawsuit brought or any complaint filed against that entity as a result of compliance with the bill’s requirements. The bill also requires that, in addition to the expenses of representation, the state assume financial responsibility for any other expense related to the lawsuit or complaint and incurred by an accredited nonpublic school, a school district, or an employee, board of directors member, or a member of the authorities in charge of a nonpublic school, including any award for attorney fees and costs for which that entity or individual would be otherwise responsible.
Cambiado después por las enmiendas S-5034, H-8046, H-8042; vea Enmiendas.
Texto completo del proyecto (en inglés) · Qué cambió antes de aprobarse2
House subcommittee
Named February 9, 2022. On February 10, 2022 it recommended passage. Vote Total: 2-0.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Nota fiscal
Resumen con IA This bill requires educational institutions to designate athletic teams by sex and limits participation in female-designated sports to female students. The fiscal impact of potential lawsuits and the cost of legal representation provided by the Attorney General cannot be estimated because the number of claims is unknown. Additionally, the bill may result in the loss of federal funds or athletic revenues if it conflicts with national collegiate athletic association rules, though the exact amount cannot be predicted. (en inglés)3
Lea la nota fiscal (en inglés)
Description
House File 2416 requires an interscholastic athletic team, sport, or athletic event that is sponsored or sanctioned by an educational institution or organization as defined in Iowa Code section 280.13 to designate that team, sport, or event as females, women, or girls; males, men, or boys; or coeducational or mixed. An educational institution is defined as an accredited nonpublic school; school district; Board of Regents institution; community college; or any institution of higher education located in the State that is a member of the National Collegiate Athletic Association (NCAA), National Association of Intercollegiate Athletics (NAIA), or National Junior College Athletic Association (NJCAA). Only female students, based on their sex as defined in the Bill, may participate in any team, sport, or athletic event designated as being for females, women, or girls.
A student who suffers direct or indirect harm as a result of violation of this Bill’s requirements, or is subjected to retaliation or other adverse action by an educational institution or organization as a result of reporting a violation of this Bill’s requirements, has a private right of action against the educational institution or organization. Tort liability protection of governmental subdivisions or the State, as defined in Iowa Code chapter 670 or Iowa Code chapter 669, will not apply to an educational institution employee or educational institution that does not comply with the requirements of this Bill. A governmental entity will not investigate a complaint or take any adverse action against an educational institution or organization for compliance with the requirements of this Bill.
If an educational institution or organization suffers direct or indirect harm as a result of violation of this Bill’s requirements, it has a private right of action against the violating entity. A governmental entity, educational institution, or organization will not be liable to any student for compliance with requirements of this Bill.
Any civil action related to this Bill must be initiated within two years from the date the alleged harm occurred. The Attorney General is required to provide legal representation at no cost for an accredited nonpublic school, school district, school employee, school board member, or authority of a nonpublic school for any lawsuit initiated or any complaint filed against such entity for compliance with this Bill. The State is required to assume financial responsibility for any expenses related to the lawsuit or complaint as incurred by the accredited nonpublic school, school district, school employee, school board member, or authority of a nonpublic school. The Bill is effective upon enactment.
Background
Title IX of the Education Amendments Act of 1972 protects persons from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX applies to schools, local and state educational agencies, and other institutions that receive federal financial assistance from the United States Department of Education. The United States Department of Education’s Office for Civil Rights (OCR) issued a notice of interpretation on June 16, 2021, requiring that a recipient institution that received United States Department of Education funds must operate its education program or activity in a manner free of discrimination based on sex, which is to encompass sexual orientation and gender identity. If a Title IX complaint meets applicable requirements and standards, the OCR will open an investigation allowing for due process, including the reasoning by a state as to why it should not lose federal funds. Opportunities for resolution agreement and an appeals process provide additional pathways for the state to settle the matter with the OCR without the loss of federal funds.
At the collegiate level, the NCAA is a nonprofit organization that regulates student athletes from 1,268 institutions across the United States and Canada. The NCAA’s January 19, 2022, press release on updated participation rules states that effective starting with the 2022 winter championships, “Transgender student-athletes will need to document sport-specific testosterone levels beginning four weeks before their sport’s championship selections. Starting with the 2022-23 academic year, transgender student-athletes will need documented levels at the beginning of their season and a second documentation six months after the first. They will also need documented testosterone levels four weeks before championship selections. Full implementation would begin with the 2023-24 academic year.”
At the junior college level, the NJCAA is the governing association of community college, state college, and junior college athletics across the United States. The organization is divided into 24 regions, with region 11 representing institutions in Iowa.
Current rules of participation for the NJCAA state the following in Article VI, Section 6:
- A transgender male (female to male) student-athlete who has received a medical exception for treatment with testosterone for gender transition may compete on a men’s team but is no longer eligible to compete on a women’s team.
- A transgender female (male to female) student-athlete being treated with testosterone suppression medication for gender transition may continue to compete on a men’s team but may not compete on a women’s team until completing one calendar year of documented testosterone-suppression treatment.
The NAIA policy for transgender student-athlete participation at national championships can be found here.
Fiscal Impact
House File 2416 may have a fiscal impact related to noncompliance with Title IX. The loss of federal funds is unlikely due to precedent, but the outcome of future enforcement by the OCR cannot be predicted.
At the collegiate level, House File 2416 may conflict with participation rules of the NCAA and may risk eligibility and media rights or competition hosting revenues. At the junior college level, House File 2416 also may conflict with current NJCAA participation rules and thereby risk eligibility and athletic competition hosting revenues.
In addition, House File 2416 may have a fiscal impact related to increased future exposure to litigation to the State of Iowa; however, the number of claims is unknown. Fiscal impacts may include financial responsibility, as described in the Bill, and the potential for additional costs related to required legal representation that is to be provided by the Attorney General. Attorney General costs would be dependent on the number of lawsuits filed.
Sources
- United States Department of Education
- United States Department of Justice
- National Collegiate Athletic Association
- National Junior College Athletic Association
- National Association of Intercollegiate Athletics
- Final Fiscal Note — Girls' Athletics, Eligibility · 22 de junio de 2022
- Girls' Athletics, Eligibility · 28 de febrero de 2022
- School Athletics, Participation · 25 de febrero de 2022
- Girls' Athletics, Eligibility · 21 de febrero de 2022
Lo que cambia del Código de Iowa (Iowa Code)
Crea§280.32
Cabildeo
5 a favor · 34 en contra · 1 indecisos · Quiénes →
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