HB 104: Equal Athletic Opportunities Act; enact

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, the "Quality Basic Education Act," so as to enact the "Equal Athletic Opportunities Act"; to provide generally for student participation in interscholastic athletic activities and events; to generally prohibit discrimination on the basis of sex in such activities and events; to promote fair and safe competition; to provide for the use of student eligibility rules, standards, and classifications; to provide for exceptions to general provisions; to provide for specific designations; to prohibit male students from participating in athletic activities and events designated for female students and vice versa; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended in Part 14, relating to other educational programs under the "Quality Basic Education Act," by revising Code Section 20-2-315, relating to gender discrimination prohibited, authorized separate gender teams, equal athletic opportunity, physical education classes, employee designated to monitor compliance, grievance procedures, and reporting requirements, as follows:

"(a) This Code section shall be known and may be cited as the 'Equal Athletic Opportunities Act.'

(b) As used in this Code section, the term:

(1) 'Coed' means the inclusion of both males and females.

(2) 'Compete' or 'competition' means the participation of students or teams of local school systems, public schools, or participating private schools in an interscholastic athletic activity or event.

(3) 'Covered entity' means local school systems, public schools, and participating private schools.

(4) 'Female,' 'woman,' or 'girl' means a student whose sex is female.

(5) 'Male,' 'man,' or 'boy' means a student whose sex is male.

(6) 'Participating private school' means a private school in this state whose students or teams compete against students or teams from a public school or local school system in this state; provided, however, that such term shall apply to such private schools only when such private schools are competing against a public school or local school system in this state; and provided, further, that such term shall not apply to private schools competing in an athletic activity or event exclusively against one or more other private schools.

(7) 'Sex' means a person's biological sex which shall be recognized solely based on a person's reproductive biology and genetics at birth. For purposes of this subsection, a statement of a student's biological sex on the student's official birth certificate shall be deemed to have correctly stated the student's biological sex at birth if the statement was included on such birth certificate at or near the time of the student's birth. (c) No student shall, on the basis of gender sex, be excluded from participation in, be denied the benefits of, be treated differently from another student, or otherwise be discriminated against in any interscholastic or intramural athletics competition offered by a local school system or a public school, and no local school system shall provide any such athletics separately on such basis.

(b)(d) Notwithstanding the requirements of subsection (a) of this Code section, a A local school system or public school may operate or sponsor separate teams for members of each gender sex where selection for such teams is based upon competitive skill, competitive fairness, student safety, or the activity involved is a contact sport. However, where a local school system operates or sponsors a team in a particular sport for members of one gender sex but operates or sponsors no such team for members of the other gender sex, and athletic opportunities for members of that gender sex in that particular sport have previously been limited, members of the excluded gender sex must be allowed to try out for the team offered unless the sport involved is a contact sport. Nothing in this subsection shall be construed to limit the authority of a local school system to operate or sponsor a single team for a contact sport that includes members of both genders sexes. As used in this subsection, the term 'contact sport' includes basketball, boxing, football, ice hockey, lacrosse, martial arts, soccer, rugby, wrestling, rugby, ice hockey, football, basketball, and any other sport the purpose or major activity of which involves bodily contact. (c)(e)(1) For each competition, each interscholastic athletic team organized, operated, or sponsored by a covered entity shall be designated as one of the following:

(A) Males, men, or boys;

(B) Females, women, or girls; or

(C) Coed.

(2) Any student shall be allowed to participate in athletic programs, events, and teams designated as coed.

(3) Males, men, or boys shall not be allowed to participate in athletic programs, events, or teams designated for females, women, or girls.

(4) Females, women, or girls shall not be allowed to participate in athletic programs, events, or teams designated for males, men, or boys.

(d)(f) A local school system or public school which operates or sponsors interscholastic or intramural athletics shall undertake all reasonable efforts to provide equal athletic opportunity for members of both genders sexes. In determining whether equal opportunities are available the following factors shall be considered:

(1) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both genders sexes;

(2) The provision of equipment and supplies;

(3) Scheduling of games and practice time;

(4) Travel allowance;

(5) Opportunity to receive coaching and academic tutoring;

(6) Assignment and compensation of coaches and tutors;

(7) Provision of locker rooms and practice and competitive facilities;

(8) Provision of medical and training facilities and services; and

(9) Publicity.

Unequal aggregate expenditures for members of each gender sex or unequal expenditures for male and female teams if a local school system operates or sponsors separate teams will not constitute noncompliance with this subsection, but the failure to provide essential funds for the basic operations of teams for one gender sex may be considered in assessing equality of opportunity for members of each gender sex. Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local school system to expend school tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in order to comply with the requirements of this Code section.

(d)(g) A local school system may provide separate toilet, locker room, and shower facilities on the basis of gender sex, but such facilities shall be comparable to such facilities provided for students of the other gender sex. (e)(h) This Code section does not prohibit the grouping of students in physical education classes by gender sex.

(f)(i)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school system sponsors an athletic activity or sport at a particular school that is similar to a sport for which an institution in the University System of Georgia offers an athletic scholarship, it must sponsor the athletic activity or sport for which a scholarship is offered at that school. This paragraph does not affect academic requirements for participation nor prevent the local school system from sponsoring activities in addition to those for which scholarships are provided.

(2) Two athletic activities or sports that are similar may be offered simultaneously.

(3) If a local school system demonstrates by a bona fide survey of eligible students at the school, which is approved by the Department of Education for compliance with generally accepted opinion survey principles regarding neutral wording and other matters, that there is insufficient interest among students at the school to field a team described in paragraph (1) of this subsection, then the local school system shall not be required to sponsor such athletic activity or sport at that school. The exemption provided for by this paragraph shall be valid for 24 months following the date when the most recent bona fide student survey demonstrating a lack of student interest was completed, unless a new bona fide student survey is conducted within the 24 month period that demonstrates sufficient interest to field a team. If such a new bona fide student survey demonstrates such sufficient interest, then the local school system must comply with paragraph (1) of this subsection during the local school system's next fiscal year and until such time as a new bona fide student survey demonstrates insufficient interest to field a team described in paragraph (1) of this subsection. A local school system shall conduct the bona fide student survey described in this paragraph regarding interest in a team described in paragraph (1) of this subsection upon the request of nine students at the school, but no more frequently than once every 12 months.

(4) Nothing in this subsection shall be construed to preclude the application of generally applicable policies or rules regarding the cancellation of an athletic activity or sport due to lack of student participation in scheduled practices or contests. (g)(j) Each local school system shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this Code section, including the investigation of any complaint communicated to such local school system alleging its noncompliance with this Code section. The employee designated under this subsection may be the same person required to be designated under 34 C.F.R. Section 106.8. The local school system annually shall notify all its students of the name, office address, and office telephone number of the employee or employees appointed pursuant to this subsection. Such notification may be included in a student handbook distributed pursuant to Code Section 20-2-736.

(h)(k) Each local school system shall adopt and publish grievance procedures providing for prompt and equitable resolution of written student complaints, including complaints brought by a parent or guardian on behalf of his or her minor child who is a student, alleging any action which would be a violation of this Code section. Such procedures shall require that:

(1) The employee designated under subsection (g)(j) of this Code section shall render his or her decision in writing no later than 30 days after receipt of the complaint, and such decision shall set forth the essential facts and rationale for the decision;

(2) A copy of such decision shall be provided to the complainant within five days of the date of the decision; and

(3) A complainant shall have a right to appeal such decision to the local board within 35 days of the date of the decision.

(i)(l)(1) A complainant may appeal a decision of a local board that is rendered under subsection (h)(k) of this Code section in accordance with the procedures specified in Code Section 20-2-1160. If the State Board of Education determines that a local school system has failed to comply with this Code section, then the state board shall provide the local school system with opportunities to prepare a corrective plan. If the state board determines that a corrective plan of the local school system adequately plans and provides for future compliance with this Code section, then the state board shall approve the plan and direct the local school system to implement such plan.

(2) If, upon a complaint filed pursuant to subsection (h)(k) of this Code section after one year following the date of a state board order directing implementation of a corrective plan pursuant to paragraph (1) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement the corrective plan approved in the earlier proceeding and of any other corrective plan that may be submitted by the local school system, transmit a certification of such determination to the Department of Community Affairs. If the state board's determination of noncompliance is later reversed or vacated upon appeal, the state board shall immediately notify the Department of Community Affairs of such action.

(3) If, upon a complaint filed pursuant to subsection (h) (k) of this Code section after one year following the date of a state board certification to the Department of Community Affairs pursuant to paragraph (2) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, order that a team or teams within the local school system or school within the local school system shall not participate in interscholastic postseason athletic contests and that participation in violation of such an order may result in withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the state board barring participation in interscholastic postseason athletic contests shall be made and announced before the beginning of a school year.

(4) If, upon a complaint filed pursuant to subsection (h) (k) of this Code section after one year following the date of a state board order prohibiting participation in interscholastic postseason athletic contests pursuant to paragraph (3) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, withhold state funds that are allotted pursuant to Code Section 20-2-186 in an amount that the state board determines is sufficient to secure the local school system's compliance with this Code section. In the event that state funds are withheld pursuant to this paragraph, such funds shall later be allotted to the local school system at such time as the state board determines that the local school system is in compliance with this Code section.

(j)(m) The Department of Education may publish an annual report of local school systems to include information regarding expenditures and participation rates for each gender sex and such other information as the state board and department deem relevant."

SECTION 2.

Said article is further amended in said part by revising paragraph (1) of subsection (b) and subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic association in high school athletics, as follows:

"(1) The athletic association shall comply with the requirements of subsections (a) through (f) (i) of Code Section 20-2-315, as those requirements relate to the athletic association's functions of organizing, sanctioning, scheduling, or rule making for events in which public high schools participate;"

"(E) The authority and duties of the executive oversight committee shall include:

(i) To meet in person or remotely not less than twice each school year;

(ii) To meet in person or remotely upon the call of the chairperson or a majority of the executive oversight committee;

(iii) To establish policies and procedures for the executive oversight committee;

(iv) To conduct any independent audit, review, or investigation the executive oversight committee deems necessary, including, but not limited to, the audit, review, or investigation of the classifications of participating schools and travel-related travel related issues of participating schools; and

(v) If the athletic association determines that it is necessary and appropriate to prohibit students whose gender is male from participating in athletic events that are designated for students whose gender is female, then the athletic association may adopt a policy to that effect; provided, however, that such policy shall be applied to all of the athletic association's participating public high schools; and (vi) To conduct an annual evaluation of the athletic association as a whole and present a report of its findings, recommendations, and conclusions to the General Assembly's High School Athletics Overview Committee; and"

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.