Includes whereas clauses. Titles the act as, "The Save Women's Sports Act."
Enacts Article 29E, Biological Sex-Specific Athletic Teams, to GS Chapter 115C. Provides as follows. Requires express designation based on biological sex of all athletic teams for middle and secondary students participating in interscholastic or intramural athletic activities by a public school unit as one of the following: (1) males, men, or boys; (2) females, women, or girls; or (3) coed or mixed. Mandates that athletic teams or sports designated for females, women, or girls not be open to students of the male sex. Requires recognition of sex based on a person's reproductive biology and genetics at birth only. Prohibits governmental entities, licensing or accrediting organizations, or athletic associations or organizations from considering a complaint, investigating, or taking an adverse action against a school or public school unit for maintaining separate athletic teams or sports for students of the female sex pursuant to the Article. Creates a civil cause of action for injunctive relief, protective order, writ of mandamus or prohibition, or declaratory relief to prevent any violation of the Article and actual damages, reasonable attorneys' fees and costs. Defines standing to include (1) a biological female student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of the Article; (2) a biological female student who is subjected to retaliation or other adverse action by a public school unit, athletic association, or other organization as a result of reporting a violation of the Article to an employee or representative of the public school unit, athletic association, or any local, State, or federal agency with oversight of the public school unit; and (3) any public school unit or its representatives or employees who suffer any direct or indirect harm for prohibiting a biological male student from participating on a female, girls', or women's athletic team pursuant to the Article's requirements. Sets a two year statute of limitations on a claim under the Article.
Adds to the powers of the State Board of Education under GS 115C-12 regarding the adoption of rules governing interscholastic activities conducted by local boards of education, to include designation of teams consistent with the provisions of the new Article. Amends GS 115C-218.75 to subject charter schools organizing athletic teams for middle or secondary school students to participate in interscholastic or intramural athletic activities to the provisions of new Article 29E. Enacts GS 115C-566.10 to subject nonpublic schools that are members of a State-level association that governs participation in interscholastic athletic activities at the high school level to the provisions of new Article 29E.
Makes the above provisions applicable beginning with the 2021-22 school year.
Similarly enacts Article 38, Biological Sex-Specific Athletic Teams, to GS Chapter 116. Defines institution of higher education as a constituent institution of The University of North Carolina, a community college under the jurisdiction of the State Board of Community Colleges, or a private college or university located in North Carolina. Requires express designation based on biological sex of all intramural athletic teams and teams that are part of an intercollegiate athletic program of an institution of higher education, as those terms are defined, in the same manner as the designation required of athletic teams for middle and secondary students participating in interscholastic or intramural athletic activities by a public school unit under new Article 29E of GS Chapter 115C. Enacts substantively identical provisions regarding female sports teams' restrictions and sex recognition as those of new Article 29E, applicable to institutions of higher education, their students, and sports programs, in addition to enacting substantively identical protections for institutions of higher education and causes of action for violations and remedies under new Article 38 that mirror those enacted in new Article 29E of GS Chapter 115C. Applicable beginning with the 2021-22 academic year.
Includes a severability clause.
Bill H 358 (2021-2022)Summary date: Mar 22 2021 - View summary