What changed in HF 2416

8 passages reworded, 13 added and 1 removed; 12 of 34 unchanged.

Removed AddedIntroduced textText as passedAmendments

Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.

Section 1.

NEW SECTION. 261I.1 Definitions. For the purposes of this chapter:

1. “Educational institution” means any of the following:

a. A nonpublic school accredited pursuant to section 256.11.

b. A public school district.

c. An institution governed by the state board of regents pursuant to chapter 262.

d. A community college as defined in section 260C.2.

e. Any institution of higher education located in this state that is a member of the national collegiate athletic association, national association of intercollegiate athletics, or national junior college athletic association.

2. “Organization” means the same as defined in section 280.13.

3. “Sex” means a person’s biological sex as either female or male. The sex listed on a 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.

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2.

NEW SECTION. 280.32 261I.2 Extracurricular athletics —— eligibility —— cause of action.

1.

a. An interscholastic athletic team, sport, or athletic event that is sponsored or sanctioned by an accredited nonpublic school, school district, educational institution or organization as defined in section 280.13, must be designated as one of the following, based on the sex at birth of the participating students:

(1) Females, women, or girls.

b. Only female students, based on their sex, may participate in any team, sport, or athletic event designated as being for females, women, or girls.

c. For the purposes of this subsection, “sex” means a person’s biological sex as either female or male. 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.

d. c. Protections pursuant to chapter 669 or chapter 670 shall not apply to a school district employee an educational institution or a school district an employee of an educational institution that does not comply with the requirements of this section.

2.

a. If a student suffers direct or indirect harm as a result of a violation of subsection 1, that student has a private cause of action for injunctive, mandamus, damages, and declaratory relief against the entity that violated subsection 1.

b. If a student is subjected to retaliation or other adverse action by an accredited nonpublic school, school district, educational institution or organization as defined in section 280.13, as a result of reporting a violation of subsection 1 to an employee or representative of the school, school district, organization as defined in section 280.13, educational institution, organization, or to a state or federal governmental entity having oversight authority, that student has a private cause of action for injunctive, mandamus, damages, and declaratory relief, against the accredited nonpublic school, school district, educational institution or organization. In addition, a governmental entity shall not investigate a complaint or take any adverse action against an accredited nonpublic school, school district, educational institution or organization, or any employee of a board of directors or of a school district, the authorities in charge of an accredited nonpublic school or nonpublic institution of higher education, the board of directors of a merged area, or the board of regents for compliance with subsection 1.

3. If an accredited nonpublic school, school district, educational institution or organization as defined in section 280.13, suffers any direct or indirect harm as a result of a violation of subsection 1, that accredited nonpublic school, school district, educational institution or organization has a private cause of action for injunctive, mandamus, damages, and declaratory relief against the entity that violated subsection 1.

4.

a. A governmental entity, accredited nonpublic school, educational institution, or school district organization shall not be liable to any student for complying with subsection 1.

b. A civil action under subsection 2 or 3 must be initiated within two years from the date the alleged harm occurred.

c. Any party prevailing on a claim brought under subsection 2 or 3 is entitled to reasonable attorney fees and costs.

5.

a. For any lawsuit brought or any complaint filed against an accredited nonpublic school, a school district, educational institution or organization, or an employee, a member of the board of directors member, or of a school district, a member of the authorities in charge of a nonpublic school, school or nonpublic institution of higher education, a member of the board of directors of a merged area, or a member of the board of regents as a result of compliance with subsection 1, the attorney general shall provide legal representation at no cost to that entity or individual.

b. In addition to the expenses of representation, the state shall assume financial responsibility for any other expense related to the lawsuit or complaint and incurred by an accredited nonpublic school, a school district, educational institution or organization, or an employee, a member of the board of directors member, or of a school district, a member of the authorities in charge of a nonpublic school, school or nonpublic institution of higher education, a member of the board of directors of a merged area, or a member of the board of regents including any award for attorney fees and costs for which that entity or individual would be otherwise responsible.

Sec.

3. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.