HB0302S02 | Preserving Sports for Female Students

Description
General Description: 

This bill addresses participation in athletic activities reserved for female students in public education.

Highlighted Provisions: 

This bill addresses participation in athletic activities reserved for female students in public and higher education.
Highlighted Provisions:

▸     requires schools, local education agencies, and institutions to designate athletic activities by sex;
▸     prohibits a student of the male sex from participating in an athletic activity designated for female students;
▸     prohibits certain complaints or investigations based on a school, local education agency, or institution of higher education for maintaining separate athletic activities for female students;
▸     provides for certain causes of action and waives governmental immunity for those causes of action; and
▸     provides severability clauses.

Bill Details
Year: 
2021
Status: 
House/ filed
Last Action: 
Mar 05, 2021
Sponsor
Representative
Republican - District 4
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Unnecessary
Impact on Children: 

There is impact on two specific groups of students.

First, transgender girls (MTF - male transitioning to female) would not be allowed to play in girls sports that are sponsored by schools. They would be allowed to play in boys or coed sports. This would be harmful to an at-risk population with a high rate of mental health issues and suicide rates. Even just having this conversation could be harmful to these students.

Second, girls would be able to compete in girls' sports without having to compete against individuals with scientifically proven advantages based on their biological sex from birth. There are compelling examples of transgender females dominating in girls' and women's sports when they are allowed to compete, as well as examples of bodily harm occurring to the girls/women competing against them. There's also the potential of suicide & mental health issues for girls who lose hope in success in sports due to an unfair playing field.

Commission: 
Student Leadership
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

Recognition of LGBTQ Individuals as a Protected Class

Resolved, That National PTA and its constituent associations seek and support legislation that creates a safe, supportive and accepting environment in schools, specifically with training for educators and other school related professionals to support all students, updated health education standards that deal with the issues of sexual orientation, gender identity, and gender expression; and be it further

Resolved, That National PTA work with the Department of Education to encourage states to incorporate standards regarding age-appropriate, medically accurate and culturally sensitive information on LGBTQ issues into existing health and other appropriate curricula.

 

UHSSA Handbook

Interps &Guidelines 1.1.4: TRANSGENDER PARTICIPATION This policy addresses eligibility determinations for students who have a gender identity that is different from the gender listed on their official birth certificates. For the protection of competitive balance and the integrity of women’s sports, the UHSAA will review athletic eligibility decisions based on gender assignment of transgender student athletes in accordance with its approved policies and appeals procedures. If a sport is offered for both boys and girls, girls must play on the girls team and boys must play on the boys team. If a school sponsors only a single team in a sport: a. Girls are eligible to play on boys teams. b. Boys are not eligible to play on girls teams.

With the consent of parents or a legal guardian, a student shall be permitted to participate on a gender specific sports team that is consistent with the public gender identity of that student for all other purposes. In making a determination of eligibility, the UHSAA will first refer to the confirmation of the student and his or her local school regarding gender identification. The UHSAA will require that member school districts and schools make a determination of a student’s eligibility to participate in gender specific sports team for a particular season based on the gender identification of that student (1) in current school records, and, (2) daily life activities in the school and community at the time that sports eligibility is determined. A female to male transgender student athlete who is taking a medically prescribed hormone treatment under a physician’s care for the purpose of gender transition is eligible only for participation on a boys team. A male to female transgender student athlete who is not taking hormone treatment related to gender transition may participate only on a boys team. A male to female transgender student athlete who is taking a medically prescribed hormone treatment under a physician’s care for the purpose of gender transition may participate on a boys team at any time, but must complete one year of hormone treatment related to the gender transition before competing on a girls team. In addition to the hormone requirements set out above, decisions regarding eligibility of transgender student athletes should also be based upon the following types of evidence and submitted in writing to the UHSAA: a. A complete list of all the student’s prescribed, non-prescribed or over the counter, treatments or medications; b. Written verification from an appropriate health-care professional (doctor, psychiatrist, or psychologist) of the student’s consistent gender identification and expression; and c. Any other pertinent documentation or information which the student or parent(s)/legal guardian(s) appointed by a court of competent jurisdiction believe relevant and appropriate. It will be the responsibility of the member school and the principal to verify they have followed this policy when a school district submits a roster to the UHSAA. The UHSAA will rely on such a verification to acknowledge that the school and the principal have determined that the students listed on a gender specific sports team are eligible for participation because of their gender identity and compliance with the requirements set out herein, and that the school district has determined that the expression of the student’s gender identity is bona fide and not for the purpose of gaining an unfair advantage in competitive athletics.