Regular Session 2021-2022 House Bill 0972 P.N. 2886

PRIOR PRINTER'S NO. 1133

PRINTER'S NO. 2886

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

972

Session of

2021

INTRODUCED BY GLEIM, WHITE, KEEFER, GAYDOS, BOROWICZ, RYAN, FEE,

ROTHMAN, JONES, ROWE, HELM, KAUFFMAN, COX, OWLETT, HAMM,

ZIMMERMAN, MILLARD, JOZWIAK, PENNYCUICK, METCALFE, HERSHEY,

PICKETT, SONNEY, RAPP, SCHEMEL, DIAMOND, E. NELSON,

B. MILLER, MALONEY, KLUNK, LEWIS DELROSSO, FRITZ, GILLEN,

STAMBAUGH, HICKERNELL, IRVIN, WHEELAND, DAVANZO, GREINER,

KNOWLES, SCHLEGEL CULVER, SMITH, MUSTELLO, STAATS, JAMES,

WARNER, TWARDZIK AND ROAE, APRIL 5, 2021

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, MARCH 29, 2022

AN ACT

Providing for sport activities in public institutions of higher

education and public school entities to be expressly

designated male, female or coed; and creating causes of

action for harms suffered by designation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Fairness in

Women's Sports Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Biological sex." For the purpose of this act, biological

sex is based solely on an individual's reproductive organs,

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biology or genetics at birth.

"PUBLIC INSTITUTION OF HIGHER EDUCATION." ONE OF THE

FOLLOWING:

(1) A COMMUNITY COLLEGE OPERATING UNDER ARTICLE XIX-A OF

THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE

PUBLIC SCHOOL CODE OF 1949.

(2) A RURAL REGIONAL COLLEGE ESTABLISHED UNDER ARTICLE

XIX-G OF THE PUBLIC SCHOOL CODE OF 1949.

(3) AN UNIVERSITY WITHIN THE STATE SYSTEM OF HIGHER

EDUCATION UNDER ARTICLE XX-A OF THE PUBLIC SCHOOL CODE OF

1949.

(4) A STATE-RELATED INSTITUTION AS DEFINED IN SECTION

2001-C OF THE PUBLIC SCHOOL CODE OF 1949.

(5) THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY.

(6) THE PENNSYLVANIA COLLEGE OF TECHNOLOGY.

"PUBLIC SCHOOL ENTITY." ONE OF THE FOLLOWING OPERATING UNDER

THE PUBLIC SCHOOL CODE OF 1949:

(1) A SCHOOL DISTRICT.

(2) AN INTERMEDIATE UNIT.

(3) AN AREA CAREER AND TECHNICAL SCHOOL.

(4) A CHARTER SCHOOL, REGIONAL CHARTER SCHOOL OR CYBER

CHARTER SCHOOL.

"SEX." THE BIOLOGICAL DISTINCTION BETWEEN MALE AND FEMALE

BASED ON REPRODUCTIVE BIOLOGY AND GENETIC MAKE-UP.

Section 3. Designation of athletic teams AND SPORTS.

(a) General rule.--Interscholastic, intercollegiate,

intramural or club athletic teams or sports that are sponsored

by a public primary or high school SCHOOL ENTITY, a public

institution of higher education or any school or institution

where students or teams compete against a public school or

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institution ENTITY OR PUBLIC INSTITUTION of higher education

must be expressly designated as one of the following based on

biological sex:

(1) Male, men or boys.

(2) Female, women or girls.

(3) Coed or mixed.

(b) Prohibition.--Athletic teams or sports designated for

females, women or girls under subsection (a)(2) may not be open

to students of the male sex.

SHALL BE CONSTRUED TO RESTRICT THE ELIGIBILITY OF A STUDENT TO

PARTICIPATE IN AN INTERSCHOLASTIC, INTERCOLLEGIATE, INTRAMURAL

OR CLUB ATHLETIC TEAM OR SPORT DESIGNED FOR THE STUDENT'S SEX OR

DESIGNATED CO-ED OR MIXED.

Section 4. Protection for educational institutions.

A government entity, licensing or accrediting organization or

an athletic association or organization may not entertain a

complaint, open an investigation or take any other adverse

action against a school or institution of higher education for

maintaining separate interscholastic, intercollegiate,

intramural or club athletic teams or sports for students of the

female sex.

Section 5. Cause of action.

(a) Deprivation of opportunity.--A student who is deprived

of an athletic opportunity or who suffers a direct or indirect

harm as a result of a known violation of section 3 or 4 may

bring a cause of action for injunctive relief, damages,

psychological, emotional and physical harm suffered, attorney

fees and costs and any other relief available under law against

the school or institution of higher education.

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(b) Retaliation.--A student who is subject to retaliation or

other adverse action by a school, institution of higher

education or athletic association or organization as a result of

reporting a violation of sections 3 and 4 SECTION 3 to an

employee or representative of the school, institution or

athletic association or organization or to any Federal or State

agency with oversight of schools or institutions of higher

education in Pennsylvania may bring a cause of action for

injunctive relief, damages, attorney fees and costs and any

other relief available under law against the school, institution

or athletic association or organization.

higher education that suffers a direct or indirect harm as a

result of a violation of sections 3 and 4 SECTION 4 may bring a

cause of action for injunctive relief, damages and any other

relief available under law against the government entity,

licensing or accrediting organization or athletic association or

organization.

(d) Limitation.--A person may not bring a civil action under

this section later than two years after the day on which the

harm underlying the cause of action occurs.

Section 6. Severability.

If a part of this act is found invalid, all valid parts that

are severable from the invalid part shall remain in effect. If a

part of this act is invalid in one or more of its applications,

the part remains in effect in all valid applications that are

severable from the invalid applications.

Section 7. Effective date.

This act shall take effect in 60 days.

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