Senator CASH proposes the following amendment (5150R010.KMM.RJC.DOCX):

Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION- EIA, page 340, after line 5, by adding an appropriately numbered new proviso to read:

/1A.__( SED-EIA: Same Sex School Athletic Team Participation) (A) Interscholastic, intramural, or club athletic teams or sports that are sponsored by a public elementary or public secondary school must be expressly designated as one of the following based on the biological sex at birth of team members:

(a) males, men, or boys;

(b) females, women, or girls; or

(c) coed or mixed, including both males and females.

(2) Athletic teams or sports designated for males, men, or boys shall not be open to students of the female sex, unless no team designated for females in that sport is offered.

(3) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.

(4) For purposes of this subsection, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth.

(5) A private elementary or private secondary school sponsoring an athletic team or sport in which its students or teams compete against a public elementary or public secondary school must also comply with this proviso for the applicable team or sport.

(B)(1) A student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this proviso has a cause of action for injunctive relief and any other relief available under law against the public elementary or public secondary school.

(2) A student who is subject to retaliation or other adverse action by a public elementary or public secondary school or athletic association or organization as a result of reporting a violation of this proviso to an employee or representative of the a public elementary or public secondary school, or athletic association or organization, or to any state or federal agency with oversight of schools or postsecondary institutions in this State, has a cause of action for injunctive relief and any other relief available under law against the school, institution, or athletic association or organization.

(3) A public elementary or public secondary school that suffers any direct or indirect harm as a result of a violation of this proviso has a cause of action for injunctive relief and any other relief available under law against the governmental entity, licensing or accrediting organization, or athletic association or organization.

(4) A civil action brought under this proviso must be initiated no later than June 30, 2023.

(C) A public elementary or public secondary school that violates this proviso is prohibited from drawing down funds appropriated by this act while the violation continues. /

Amend the bill further, as and if amended, Part IB, Section 11, DEPARTMENT OF EDUCATION- EIA, page 359, after line 26, by adding an appropriately numbered new proviso to read:

/11.__. (CHE: Same Sex School Athletic Team Participation) (A) Intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public college or university must be expressly designated as one of the following based on the biological sex at birth of team members:

(a) males, or men;

(b) females, or women; or

(c) coed or mixed, including both males and females.

(2) Athletic teams or sports designated for males or men shall not be open to students of the female sex, unless no team designated for females in that sport is offered.

(3) Athletic teams or sports designated for females orwomen shall not be open to students of the male sex.

(4) For purposes of this subsection, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth.

(5) A private college or university sponsoring an athletic team or sport in which its students or teams compete against a public college or university must also comply with this proviso for the applicable team or sport.

(B)(1) A student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this proviso has a cause of action for injunctive relief and any other relief available under law against the public college and university.

(2) A student who is subject to retaliation or other adverse action by a public college or university or athletic association or organization as a result of reporting a violation of this proviso to an employee or representative of the public college or university, or athletic association or organization, or to any state or federal agency with oversight of public colleges or universities in this State, has a cause of action for injunctive relief and any other relief available under law against the public college or university, or athletic association or organization.

(3) A public college or university that suffers any direct or indirect harm as a result of a violation of this proviso has a cause of action for injunctive relief and any other relief available under law against the governmental entity, licensing or accrediting organization, or athletic association or organization.

(4) A civil action brought under this proviso must be initiated no later than June 30, 2023.

(C) A public college or university that violates this proviso is prohibited from drawing down funds appropriated by this act while the violation continues. /

Amend sections, totals and title to conform.