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) <ins>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)</ins> No student shall, on the basis of <del>gender</del> <ins>sex,</ins> 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 <del>athletics</del> <ins>competition</ins> offered by
a <del>local school system</del> <ins>or a public school,</ins> <del>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</del> <ins>A</ins> local
school system <ins>or public school</ins> may operate or sponsor separate teams for members of each
<del>gender</del> <ins>sex</ins> where selection for such teams is based upon competitive skill, <ins>competitive
fairness, student safety,</ins> 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 <del>gender
</del> <ins>sex</ins> but operates or sponsors no such team for members of the other <del>gender</del> <ins>sex,</ins> and athletic
opportunities for members of that <del>gender</del> <ins>sex</ins> in that particular sport have previously been
limited, members of the excluded <del>gender</del> <ins>sex</ins> 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 <ins>sexes.</ins> As used in this
subsection, the term 'contact sport' includes <ins>basketball,</ins> boxing, <ins>football, ice hockey,
lacrosse, martial arts, soccer, rugby,</ins> wrestling, <del>rugby, ice hockey, football, basketball,</del> and
any other sport the purpose or major activity of which involves bodily contact.
<ins>(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.
</ins>
<ins>(4) Females, women, or girls shall not be allowed to participate in athletic programs,
events, or teams designated for males, men, or boys.
</ins> <del>(d)(f)</del> A local school system <ins>or public school</ins> which operates or sponsors interscholastic
or intramural athletics shall undertake all reasonable efforts to provide equal athletic
opportunity for members of both <del>genders</del> <ins>sexes.</ins> 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 <del>genders</del> <ins>sexes;
</ins> (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 <del>gender</del> <ins>sex</ins> 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 <del>gender</del> <ins>sex</ins> may be considered in assessing
equality of opportunity for members of each <del>gender</del> <ins>sex.</ins> 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.
<del>(d)(g)</del> A local school system may provide separate toilet, locker room, and shower
facilities on the basis of <del>gender</del> <ins>sex,</ins> but such facilities shall be comparable to such facilities
provided for students of the other <del>gender</del> <ins>sex.
</ins>
<ins>(e)(h)</ins> This Code section does not prohibit the grouping of students in physical education
classes by <del>gender</del> <ins>sex.
</ins> (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.
<del>(g)(j)</del> 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.
<del>(h)(k)</del> 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 <del>(g)(j)</del> 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 <ins>(h)(k)</ins> 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 <ins>(h)(k)</ins> 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 <del>(h)</del> <ins>(k)</ins> 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 <del>(h)</del> <ins>(k)</ins> 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.
<ins>(j)(m)</ins> The Department of Education may publish an annual report of local school systems
to include information regarding expenditures and participation rates for each <del>gender</del> <ins>sex
</ins> 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 <del>(f)</del> <ins>(i)</ins> 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 <del>travel-related</del> <ins>travel
related</ins> issues of participating schools; <ins>and
</ins> (v) <del>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)</del> 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.