HB104: HB104 Equal Athletic Opportunities Act; enact

25 LC 49 2008 House Bill 104 By: Representatives Cox of the 28th, Jasperse of the 11th, Barrett of the 24th, Cannon of the 172nd, and Erwin of the 32nd A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the1 "Quality Basic Education Act," so as to enact the "Equal Athlet ic Opportunities Act"; to2 provide generally for student participation in interscholastic athletic activities and events; to3 generally prohibit discrimination on the basis of sex in such activities and events; to promote4 fair and safe competition; to provide for the use of student el igibility rules, standards, and5 classifications; to provide for exceptions to general provision s; to provide for specific6 designations; to prohibit male students from participating in a thletic activities and events7 designated for female students and vice versa; to provide for d efinitions; to provide for8 related matters; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Article 6 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, the "Quality12 Basic Education Act," is amended in Part 14, relating to other educational programs under13 the "Quality Basic Education Act," by revising Code Section 20- 2-315, relating to gender14 discrimination prohibited, authorized separate gender teams, eq ual athletic opportunity,15 H. B. 104 - 1 - 25 LC 49 2008 physical education classes, emp loyee designate d to monitor comp liance, grievance16 procedures, and reporting requirements, as follows:17 "(a) This Code section shall be known and may be cited as the ' Equal Athletic18 Opportunities Act.'19 (b) As used in this Code section, the term:20 (1) 'Coed' means the inclusion of both males and females.21 (2) 'Compete' or 'competition' means the participation of stud ents or teams of local22 school systems, public schools, or participating private school s in an interscholastic23 athletic activity or event.24 (3) 'Covered entity' means local school systems, public schools, and participating private25 schools.26 (4) 'Female,' 'woman,' or 'girl' means a student whose sex is female.27 (5) 'Male,' 'man,' or 'boy' means a student whose sex is male.28 (6) 'Participating private school' means a private school in this state whose students or29 teams compete against students or teams from a public school or local school system in30 this state; provided, however, that such term shall apply to su ch private schools only31 when such private schools are competing against a public school or local school system32 in this state; and provided, further, that such term shall not apply to private schools33 competing in an athletic activity or event exclusively against one or more other private34 schools.35 (7) 'Sex' means a person's biological sex which shall be recog nized solely based on a36 person's reproductive biology and ge netics at birth. For purpo ses of this subsection, a37 statement of a student's biological sex on the student's offici al birth certificate shall be38 deemed to have correctly stated the student's biological sex at birth if the statement was39 included on such birth certificate at or near the time of the student's birth.40 (c) No student shall, on the basis of gender sex, be excluded from participation in, be41 denied the benefits of, be treated differently from another stu dent, or otherwise be42 H. B. 104 - 2 - 25 LC 49 2008 discriminated against in any interscholastic or intramural athletics competition offered by43 a local school system or a public school, and no local school system shall provide any such44 athletics separately on such basis.45 (b)(d) Notwithstanding the requirements of subsection (a) of this Code section, a A local46 school system or public school may operate or sponsor separate teams for members of each47 gender sex where selection for such teams is based upon competitive skill , competitive48 fairness, student safety, or the activity involved is a contact sport. However, where a local49 school system operates or sponsors a team in a particular sport for members of one gender50 sex but operates or sponsors no such team for members of the other gender sex, and athletic51 opportunities for members of that gender sex in that particular sport have previously been52 limited, members of the excluded gender sex must be allowed to try out for the team53 offered unless the sport involved is a contact sport. Nothing in this subsection shall be54 construed to limit the authority of a local school system to operate or sponsor a single team55 for a contact sport that includes members of both genders sexes . As used in this56 subsection, the term 'contact sport' includes basketball, boxing, football, ice hockey,57 lacrosse, martial arts, soccer, rugby, wrestling, rugby, ice hockey, football, basketball, and58 any other sport the purpose or major activity of which involves bodily contact.59 (c)(e)(1) For each competition, each interscholastic athletic tea m organized, operated,60 or sponsored by a covered entity shall be designated as one of the following:61 (A) Males, men, or boys;62 (B) Females, women, or girls; or63 (C) Coed.64 (2) Any student shall be allowed to participate in athletic programs, events, and teams65 designated as coed.66 (3) Males, men, or boys shall not be allowed to participate in athletic programs, events,67 or teams designated for females, women, or girls.68 H. B. 104 - 3 - 25 LC 49 2008 (4) Females, women, or girls shall not be allowed to participa te in athletic programs,69 events, or teams designated for males, men, or boys.70 (d)(f) A local school system or public school which operates or sponsors interscholastic71 or intramural athletics shall undertake all reasonable efforts to provide equal athletic72 opportunity for members of both genders sexes . In determining whether equal73 opportunities are available the following factors shall be considered:74 (1) Whether the selection of sports and levels of competition effectively accommodate75 the interests and abilities of members of both genders sexes;76 (2) The provision of equipment and supplies;77 (3) Scheduling of games and practice time;78 (4) Travel allowance;79 (5) Opportunity to receive coaching and academic tutoring;80 (6) Assignment and compensation of coaches and tutors;81 (7) Provision of locker rooms and practice and competitive facilities;82 (8) Provision of medical and training facilities and services; and83 (9) Publicity.84 Unequal aggregate expenditures for members of each gender sex or unequal expenditures85 for male and female teams if a local school system operates or sponsors separate teams will86 not constitute noncompliance with this subsection, but the failure to provide essential funds87 for the basic operations of teams for one gender s e x may be considered in assessing88 equality of opportunity for members of each gender s e x. Nothing in Code Section89 20-2-411 shall be construed to limit the authority of a local school system to expend school90 tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in91 order to comply with the requirements of this Code section.92 (d)(g) A local school system may provide separate toilet, locker roo m, and shower93 facilities on the basis of gender sex, but such facilities shall be comparable to such facilities94 provided for students of the other gender sex.95 H. B. 104 - 4 - 25 LC 49 2008 (e)(h) This Code section does not prohibit the grouping of students in physical education96 classes by gender sex.97 (f)(i)(1) Subject to the provisions of paragraph (3) of this subsect ion, if a local school98 system sponsors an athletic activity or sport at a particular school that is similar to a sport99 for which an institution in the University System of Georgia of fers an athletic100 scholarship, it must sponsor the athletic activity or sport for which a scholarship is101 offered at that school. This paragraph does not affect academi c requirements for102 participation nor prevent the local school system from sponsoring activities in addition103 to those for which scholarships are provided.104 (2) Two athletic activities or sports that are similar may be offered simultaneously.105 (3) If a local school system demonstrates by a bona fide survey of eligible students at the106 school, which is approved by the Department of Education for compliance with generally107 accepted opinion survey principles regarding neutral wording and other matters, that there108 is insufficient interest among students at the school to field a team described in109 paragraph (1) of this subsection, then the local school system shall not be required to110 sponsor such athletic activity or sport at that school. The exemption provided for by this111 paragraph shall be valid for 24 months following the date when the most recent bona fide112 student survey demonstrating a lack of student interest was completed, unless a new bona113 fide student survey is conducted within the 24 month period that demonstrates sufficient114 interest to field a team. If such a new bona fide student surv ey demonstrates such115 sufficient interest, then the local school system must comply with paragraph (1) of this116 subsection during the local school system's next fiscal year and until such time as a new117 bona fide student survey demonstrates insufficient interest to field a team described in118 paragraph (1) of this subsection. A local school system shall conduct the bona fide119 student survey described in this paragraph regarding interest i n a team described in120 paragraph (1) of this subsection upon the request of nine stude nts at the school, but no121 more frequently than once every 12 months.122 H. B. 104 - 5 - 25 LC 49 2008 (4) Nothing in this subsection shall be construed to preclude the application of generally123 applicable policies or rules regarding the cancellation of an athletic activity or sport due124 to lack of student participation in scheduled practices or contests.125 (g)(j) Each local school system shall designate at least one employe e to coordinate its126 efforts to comply with and carry out its responsibilities under this Code section, including127 the investigation of any complaint communicated to such local school system alleging its128 noncompliance with this Code section. The employee designated under this subsection129 may be the same person required to be designated under 34 C.F.R . Section 106.8. The130 local school system annually shall notify all its students of the name, office address, and131 office telephone number of the employee or employees appointed pursuant to this132 subsection. Such notification may be included in a student handbook distributed pursuant133 to Code Section 20-2-736.134 (h)(k) Each local school system shall adopt and publish grievance procedures providing135 for prompt and equitable resolution of written student complain ts, including complaints136 brought by a parent or guardian on behalf of his or her minor c hild who is a student,137 alleging any action which would be a violation of this Code section. Such procedures shall138 require that:139 (1) The employee designated under subsection (g)(j) of this Code section shall render his140 or her decision in writing no later than 30 days after receipt of the complaint, and such141 decision shall set forth the essential facts and rationale for the decision;142 (2) A copy of such decision shall be provided to the complainant within five days of the143 date of the decision; and144 (3) A complainant shall have a right to appeal such decision to the local board within 35145 days of the date of the decision.146 (i)(l)(1) A complainant may appeal a decision of a local board that is rendered under147 subsection (h)(k) of this Code section in accordance with the procedures specifi ed in148 Code Section 20-2-1160. If the State Board of Education determines that a local school149 H. B. 104 - 6 - 25 LC 49 2008 system has failed to comply with this Code section, then the state board shall provide the150 local school system with opportunities to prepare a corrective plan. If the state board151 determines that a corrective plan of the local school system adequately plans and provides152 for future compliance with this Code section, then the state board shall approve the plan153 and direct the local school system to implement such plan.154 (2) If, upon a complaint filed pursuant to subsection (h)(k) of this Code section after one155 year following the date of a state board order directing implem entation of a corrective156 plan pursuant to paragraph (1) of this subsection but within four years of the date of such157 order, the state board determines that the local school system which was subject to such158 order has willfully failed to comply with this Code section, th e state board may, after159 consideration of the local school system's efforts to implement the corrective plan160 approved in the earlier proceeding and of any other corrective plan that may be submitted161 by the local school system, transmit a certification of such de termination to the162 Department of Community Affairs. If the state board's determination of noncompliance163 is later reversed or vacated upon appeal, the state board shall immediately notify the164 Department of Community Affairs of such action.165 (3) If, upon a complaint filed pursuant to subsection (h) (k) of this Code section after one166 year following the date of a state board certification to the D epartment of Community167 Affairs pursuant to paragraph (2) of this subsection but within four years of the date of168 such order, the state board determines that the local school system which was subject to169 such order has willfully failed to comply with this Code sectio n, the state board may,170 after consideration of the local school system's efforts to imp lement a corrective plan171 approved in an earlier proceeding and of any other corrective plan that may be submitted172 by the local school system, order that a team or teams within the local school system or173 school within the local school system shall not participate in interscholastic postseason174 athletic contests and that participation in violation of such a n order may result in175 withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the176 H. B. 104 - 7 - 25 LC 49 2008 state board barring participation in interscholastic postseason athletic contests shall be177 made and announced before the beginning of a school year.178 (4) If, upon a complaint filed pursuant to subsection (h) (k) of this Code section after one179 year following the date of a state board order prohibiting participation in interscholastic180 postseason athletic contests pursuant to paragraph (3) of this subsection but within four181 years of the date of such order, the state board determines tha t the local school system182 which was subject to such order has willfully failed to comply with this Code section, the183 state board may, after consideration of the local school system's efforts to implement a184 corrective plan approved in an earlier proceeding and of any ot her corrective plan that185 may be submitted by the local school system, withhold state fun ds that are allotted186 pursuant to Code Section 20-2-186 in an amount that the state b oard determines is187 sufficient to secure the local school system's compliance with this Code section. In the188 event that state funds are withheld pursuant to this paragraph, such funds shall later be189 allotted to the local school system at such time as the state board determines that the local190 school system is in compliance with this Code section.191 (j)(m) The Department of Education may publish an annual report of local school systems192 to include information regarding expenditures and participation rates for each gender sex193 and such other information as the state board and department deem relevant."194 SECTION 2.195 Said article is further amended in said part by revising paragraph (1) of subsection (b) and196 subparagraph (c)(1)(E) of Code Section 20-2-316, relating to in volvement of athletic197 association in high school athletics, as follows:198 "(1) The athletic association shall comply with the requirement s of subsections (a)199 through (f) (i) of Code Section 20-2-315, as those requirements relate to the athletic200 association's functions of organizing, sanctioning, scheduling, or rule making for events201 in which public high schools participate;"202 H. B. 104 - 8 - 25 LC 49 2008 "(E) The authority and duties of the executive oversight committee shall include:203 (i) To meet in person or remotely not less than twice each school year;204 (ii) To meet in person or remotely upon the call of the chairperson or a majority of205 the executive oversight committee;206 (iii) To establish policies and procedures for the executive oversight committee;207 (iv) To conduct any independent audit, review, or investigatio n the executive208 oversight committee deems necessary, including, but not limited to, the audit, review,209 or investigation of the classifications of participating schools and travel-related travel210 related issues of participating schools; and211 (v) If the athletic association determines that it is necessar y and appropriate to212 prohibit students whose gender is male from participating in athletic events that are213 designated for students whose gender is female, then the athlet ic association may214 adopt a policy to that effect; provided, however, that such policy shall be applied to215 all of the athletic association's participating public high schools; and216 (vi) To conduct an annual evaluation of the athletic association a s a whole and217 present a report of its findings, recommendations, and conclusi ons to the General218 Assembly's High School Athletics Overview Committee; and"219 SECTION 3.220 All laws and parts of laws in conflict with this Act are repealed.221 H. 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