Bill Text: IA HF2309 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to student eligibility requirements in school district and accredited nonpublic school athletics based on sex.(See HF 2416.)
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-02-21 - Withdrawn. H.J. 320. [HF2309 Detail]
Download: Iowa-2021-HF2309-Introduced.html
House
File
2309
-
Introduced
HOUSE
FILE
2309
BY
STONE
and
WHEELER
A
BILL
FOR
An
Act
relating
to
student
eligibility
requirements
in
school
1
district
and
accredited
nonpublic
school
athletics
based
on
2
sex.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
280.32
Extracurricular
athletics
——
1
eligibility
——
cause
of
action.
2
1.
a.
An
interscholastic
athletic
team,
sport,
or
athletic
3
event
that
is
sponsored
or
sanctioned
by
an
accredited
4
nonpublic
school,
school
district,
or
organization
as
defined
5
in
section
280.13,
must
be
designated
as
one
of
the
following,
6
based
on
the
sex
at
birth
of
the
participating
students:
7
(1)
Females,
women,
or
girls.
8
(2)
Males,
men,
or
boys.
9
(3)
Coeducational
or
mixed.
10
b.
Only
female
students,
based
on
their
sex,
may
participate
11
in
any
team,
sport,
or
athletic
event
designated
as
being
for
12
females,
women,
or
girls.
13
c.
For
the
purposes
of
this
subsection,
“sex”
means
14
a
person’s
biological
sex
as
either
female
or
male.
The
15
sex
listed
on
the
student’s
official
birth
certificate
or
16
certificate
issued
upon
adoption
may
be
relied
upon
if
the
17
certificate
was
issued
at
or
near
the
time
of
the
student's
18
birth.
19
d.
Protections
pursuant
to
chapter
670
shall
not
apply
to
20
a
school
district
employee
or
a
school
district
that
does
not
21
comply
with
the
requirements
of
this
section.
22
2.
a.
If
a
student
suffers
direct
or
indirect
harm
as
23
a
result
of
a
violation
of
subsection
1,
that
student
has
a
24
private
cause
of
action
for
injunctive,
mandamus,
damages,
and
25
declaratory
relief
against
the
entity
that
violated
subsection
26
1.
27
b.
If
a
student
is
subjected
to
retaliation
or
other
28
adverse
action
by
an
accredited
nonpublic
school,
school
29
district,
or
organization
as
defined
in
section
280.13,
30
as
a
result
of
reporting
a
violation
of
subsection
1
to
an
31
employee
or
representative
of
the
school,
school
district,
32
organization
as
defined
in
section
280.13,
or
to
a
state
33
or
federal
governmental
entity
having
oversight
authority,
34
that
student
has
a
private
cause
of
action
for
injunctive,
35
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mandamus,
damages,
and
declaratory
relief,
against
the
1
accredited
nonpublic
school,
school
district,
or
organization.
2
In
addition,
a
governmental
entity
shall
not
investigate
a
3
complaint
or
take
any
adverse
action
against
an
accredited
4
nonpublic
school,
school
district,
or
organization,
or
5
any
employee
of
a
board
of
directors
or
the
authorities
in
6
charge
of
an
accredited
nonpublic
school
for
compliance
with
7
subsection
1.
8
3.
If
an
accredited
nonpublic
school,
school
district,
or
9
organization
as
defined
in
section
280.13,
suffers
any
direct
10
or
indirect
harm
as
a
result
of
a
violation
of
subsection
11
1,
that
accredited
nonpublic
school,
school
district,
or
12
organization
has
a
private
cause
of
action
for
injunctive,
13
mandamus,
damages,
and
declaratory
relief
against
the
entity
14
that
violated
subsection
1.
15
4.
a.
A
governmental
entity,
accredited
nonpublic
school,
16
or
school
district
shall
not
be
liable
to
any
student
for
17
complying
with
subsection
1.
18
b.
A
civil
action
under
subsection
2
or
3
must
be
initiated
19
within
two
years
from
the
date
the
alleged
harm
occurred.
20
c.
Any
party
prevailing
on
a
claim
brought
under
subsection
21
2
or
3
is
entitled
to
reasonable
attorney
fees
and
costs.
22
5.
a.
For
any
lawsuit
brought
or
any
complaint
filed
23
against
an
accredited
nonpublic
school,
a
school
district,
24
or
an
employee,
board
of
directors
member,
or
a
member
of
25
the
authorities
in
charge
of
a
nonpublic
school,
as
a
result
26
of
compliance
with
subsection
1,
the
attorney
general
shall
27
provide
legal
representation
at
no
cost
to
that
entity
or
28
individual.
29
b.
In
addition
to
the
expenses
of
representation,
the
30
state
shall
assume
financial
responsibility
for
any
other
31
expense
related
to
the
lawsuit
or
complaint
and
incurred
by
an
32
accredited
nonpublic
school,
a
school
district,
or
an
employee,
33
board
of
directors
member,
or
a
member
of
the
authorities
in
34
charge
of
a
nonpublic
school,
including
any
award
for
attorney
35
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fees
and
costs
for
which
that
entity
or
individual
would
be
1
otherwise
responsible.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
student
eligibility
requirements
in
6
school
district
and
accredited
nonpublic
school
athletics.
7
The
bill
requires
an
interscholastic
athletic
team,
sport,
8
or
athletic
event
that
is
sponsored
or
sanctioned
by
an
9
accredited
nonpublic
school,
school
district,
or
athletic
10
organization
must
be
designated
as
females,
women,
or
girls;
11
males,
men,
or
boys;
or
coeducational
or
mixed
based
on
the
sex
12
at
birth
of
the
participating
students.
The
bill
also
requires
13
that
only
female
students,
based
on
their
sex,
may
participate
14
in
any
team,
sport,
or
athletic
event
designated
as
being
for
15
females,
women,
or
girls.
The
bill
defines
“sex”
to
mean
a
16
person’s
biological
sex
as
either
female
or
male,
and
provides
17
that
the
sex
listed
on
the
student’s
official
birth
certificate
18
or
certificate
issued
upon
adoption
may
be
relied
upon
if
the
19
certificate
was
issued
at
or
near
the
time
of
the
student’s
20
birth.
21
The
bill
provides
that
the
protections
of
Code
chapter
670
22
(tort
liability
of
governmental
subdivisions)
do
not
apply
to
23
a
school
district
employee
or
a
school
district
that
does
not
24
comply
with
the
requirements
of
the
bill.
25
The
bill
allows
a
student
who
suffers
direct
or
indirect
harm
26
as
a
result
of
a
violation
of
the
bill’s
requirements
to
have
27
a
private
cause
of
action
for
injunctive,
mandamus,
damages,
28
and
declaratory
relief
against
the
school
district,
accredited
29
nonpublic
school,
or
high
school
athletic
organization.
30
The
bill
also
provides
that
a
student
who
was
subjected
to
31
retaliation
or
other
adverse
action
by
an
accredited
nonpublic
32
school,
school
district,
or
high
school
athletic
organization,
33
as
a
result
of
reporting
a
violation
of
the
bill’s
requirements
34
to
an
employee
or
representative
of
the
school,
school
35
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district,
high
school
athletic
organization,
or
to
a
state
or
1
federal
governmental
entity
having
oversight
authority,
has
a
2
private
cause
of
action
for
injunctive,
mandamus,
damages,
and
3
declaratory
relief
against
the
accredited
nonpublic
school,
4
school
district,
or
organization.
5
The
bill
prohibits
any
governmental
entity
from
6
investigating
a
complaint
or
taking
any
adverse
action
7
against
an
accredited
nonpublic
school,
school
district,
or
8
organization,
or
any
employee
of
a
board
of
directors
or
the
9
authorities
in
charge
of
an
accredited
nonpublic
school,
for
10
compliance
with
the
bill’s
requirements.
11
The
bill
allows
an
accredited
nonpublic
school,
school
12
district,
or
high
school
athletic
organization
that
suffers
13
any
direct
or
indirect
harm
as
a
result
of
a
violation
of
the
14
bill’s
requirements
to
have
a
private
cause
of
action
for
15
injunctive,
mandamus,
damages,
and
declaratory
relief
against
16
the
entity
that
violated
the
bill’s
requirements.
17
The
bill
provides
that
a
governmental
entity,
accredited
18
nonpublic
school,
or
school
district
is
immune
from
liability
19
to
any
student
for
its
compliance
with
the
bill’s
requirements.
20
The
bill
requires
a
civil
action
based
on
a
violation
of
the
21
bill’s
requirements
or
retaliation
for
reporting
a
violation
of
22
the
bill’s
requirements
to
be
initiated
within
two
years
from
23
the
date
the
alleged
harm
occurred.
24
The
bill
entitles
any
party
prevailing
on
a
claim
brought
25
based
on
a
violation
of
the
bill’s
requirements
or
retaliation
26
for
reporting
a
violation
of
the
bill’s
requirements
to
27
reasonable
attorney
fees
and
costs.
28
The
bill
requires
the
attorney
general
to
provide
legal
29
representation
at
no
cost
to
an
accredited
nonpublic
school,
30
a
school
district,
or
an
employee,
board
of
directors
member,
31
or
a
member
of
the
authorities
in
charge
of
a
nonpublic
school
32
for
any
lawsuit
brought
or
any
complaint
filed
against
that
33
entity
as
a
result
of
compliance
with
the
bill’s
requirements.
34
The
bill
also
requires
that,
in
addition
to
the
expenses
of
35
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representation,
the
state
assume
financial
responsibility
for
1
any
other
expense
related
to
the
lawsuit
or
complaint
and
2
incurred
by
an
accredited
nonpublic
school,
a
school
district,
3
or
an
employee,
board
of
directors
member,
or
a
member
of
the
4
authorities
in
charge
of
a
nonpublic
school,
including
any
5
award
for
attorney
fees
and
costs
for
which
that
entity
or
6
individual
would
be
otherwise
responsible.
7
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