CSSB 140(JUD): "An Act relating to school athletics, recreation, athletic teams, and sports."

00 CS FOR SENATE BILL NO. 140(JUD) 01 "An Act relating to school athletics, recreation, athletic teams, and sports." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that 06 (1) maintaining fairness in athletic opportunities for women is an important 07 state interest; 08 (2) requiring the designation of separate sex-specific athletic teams or sports is 09 necessary to maintain fairness in athletic opportunities for women; 10 (3) significant biological and physiological differences between males and 11 females, including greater strength, speed, and endurance capabilities among males on 12 average, provide a competitive advantage to male athletes in sports; and 13 (4) having separate sex-specific teams furthers efforts to promote sex equality 14 and that discrimination against women and girls in sports is counter to that effort. 15 (b) It is the intent of the legislature to preserve an even playing field in school athletic

01 programs, to maintain opportunities for female athletes to demonstrate their strength, skills, 02 and athletic abilities, and to provide female athletes with opportunities to obtain recognition 03 and accolades, college scholarships, and the numerous other long-term benefits that result 04 from participating and competing in athletic endeavors. 05 * Sec. 2. AS 14.18 is amended by adding new sections to read: 06 Article 2. Designation of Athletic Teams and Sports. 07 Sec. 14.18.150. Athletic team and sport designation. (a) A public school, or 08 a private school whose students or teams compete against a public school, must 09 designate each school-sponsored athletic team or sport a 10 (1) male, men, or boys team or sport; 11 (2) female, women, or girls team or sport; or 12 (3) coeducational or mixed team or sport. 13 (b) A student who participates in an athletic team or sport designated female, 14 women, or girls must be female, based on the participant's biological sex as either 15 female or male, as designated at the participant's birth. The biological sex listed on a 16 participant's birth certificate may be relied on to establish the participant's biological 17 sex designated at the participant's birth if the sex designated on the birth certificate 18 was designated at or near the time of the participant's birth. 19 Sec. 14.18.160. Compliance protected. (a) A governmental entity, licensing 20 or accrediting organization, athletic association, or school district may not take 21 adverse action against a school or school district for complying with AS 14.18.150. 22 (b) A school or a school district may decline to consider a complaint brought 23 against the school or school district for complying with AS 14.18.150. 24 Sec. 14.18.170. Liability. (a) A student who is deprived of an athletic 25 opportunity or suffers direct or indirect harm resulting from a violation of 26 AS 14.18.150 may bring a private cause of action against the violating school. 27 (b) A student subjected to retaliation or other adverse action as a result of 28 reporting a violation of AS 14.18.150 to an employee or representative of a school, 29 school district, or athletic association or organization, or to a state or federal 30 government entity with oversight authority, may bring a private cause of action against 31 the retaliating entity.

01 (c) If a school or school district suffers direct or indirect harm as a result of a 02 violation of AS 14.18.150, the school or school district may bring a private cause of 03 action against the violating entity. 04 (d) An action brought under this section must be commenced within two years 05 of the event giving rise to the complaint. 06 Sec. 14.18.180. Access to courts; relationship to rights under federal law. 07 (a) Nothing in AS 14.18.150 - 14.18.190 abrogates, restricts, or otherwise limits 08 (1) the access of any person to a state or federal court; or 09 (2) a person's right to bring in state or federal court a complaint or 10 cause of action arising out of AS 14.18.150 - 14.18.190. 11 (b) AS 14.18.150 - 14.18.190 may not be construed to modify a person's rights 12 under 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act), 29 U.S.C. 13 794, or 42 U.S.C. 12101 - 12213. 14 Sec. 14.18.190. Definitions. In AS 14.18.150 - 14.18.190, 15 (1) "school" means an elementary, junior high, or secondary school; 16 (2) "school district" means a borough school district, a city school 17 district, a regional educational attendance area, a state boarding school, and the state 18 centralized correspondence study program.