HB 3293 — Relating to single-sex participation in interscholastic athletic events

HB3293HB SFAT3293 #1Text Ruckerskip 4-7navigation Vestal SENATE 7820PRESIDENT  SENATORS SenatorCOMMITTEES RuckerVIDEO/AUDIO movedDISTRICT toMAPS amendSENATE theCLERK billSENATE byRULES strikingHOUSE outSPEAKER theDELEGATES titleCOMMITTEES andVIDEO/AUDIO substitutingDISTRICT thereforMAPS aHOUSE newCLERK title,HOUSE toRULES readHOUSE asSTAFF follows:JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.

Eng.COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.

Com.NEWS RELEASES HELPFUL LINKS Introduced Version - Originating in Committee « House Bill 3293 History OTHER VERSIONS  —  Committee Substitute  |  Enrolled Version - Final Version  |   |  Email Key:

Sub.Green = existing Code.

forRed House= Billnew 3293—Acode Bill to amendbe theenacted CodeWEST ofvirginia Westlegislature Virginia,regular 1931,session asOriginating amended,House byBill adding3293 theretoBy aDelegates newHanna, section,Bridges, designatedClark, §18-2-25d,ellington, relatingHorst, toJennings, designationLonganacre, ofMazzocchi, athletictully teamsand orPhillips sportsand sponsoredBurkhammer by[Originating anyin publicthe secondaryCommittee schoolon orEducation; state institution of higher education according to biological sex;

providingReported legislativeon findings;March 16, 2021] A BILL to amend and reenact §18-2-5c and §18-2-25 of the Code of West Virginia, 1931, as amended, all relating to single-sex participation in interscholastic athletic events;

definingproviding “biologicalthat sex”,the “female”,birth andcertificate “male”;required for admission to public school confirm the pupil’s sex at time of birth, or in the alternative, that the pupil’s sex be identified by a signed physician’s statement;

providing that the sex identified at the time of admission must be the pupil’s sex for designationthe purposes of  single-sex participation in interscholastic athletic teamsevents asunder “males,the men,control, orsupervision, boys”,and “females,regulation women,of orthe girls”,West orVirginia “coedSecondary orSchools mixed”;Activities Commission;

prohibitingproviding biologicalthat malesthe fromcommission must verify with each county board that each student participating onin athleticsingle-sex teamsinterscholastic orevents sportsis designatedparticipating foraccording biologicalto femalesthe wherestudent’s competitivesex skillat orthe contacttime isof involved;the student's birth;

and clarifying that eligibilitythese ofrequirements anydo studentnot apply to participateco-educational onsecondary athleticschool teamsinterscholastic orathletic sportsevents. designated for biological males is not restricted;

providingBe causeit ofenacted action for student aggrieved by violationthe Legislature of thisWest section;Virginia:

requiring§18-2-5c. identity of minor student related to such action to remain anonymous;

requiringBirth promulgationcertificate ofrequired rulesupon byadmission theto Statepublic Boardschool; of Education;

andrequired requiringnotice proposalto oflocal legislativelaw-enforcement rulesagency byof themissing Higherchildren; Education Policy Commission and Council for Community and Technical College Education.

 identifying  pupil’s  sex Adoptedfor Rejectedthe  purpose  of participating in single-sex interscholastic athletic events.

(a) No pupil shall be admitted for the first time to any public school in this state unless the person enrolling the pupil presents a copy of the pupil's original birth record certified by the state registrar of vital statistics confirming the pupil's identity, age, sex at time of birth, and state file number of the original birth record.

If a certified copy of the pupil's birth record cannot be obtained, the person so enrolling the pupil shall submit:

(1) an An affidavit explaining the inability to produce a certified copy of the birth record:

Provided, That if any person submitting such affidavit is in U.S.

military service and is in transit due to military orders, a three-week extension shall be granted to such person for providing the birth records;

and (2) A signed physician’s statement indicating the pupil’s sex based solely on the pupil’s unaltered internal and external reproductive anatomy.

(b) Upon the failure of any person enrolling a pupil to furnish a certified copy of the pupil's birth record in conformance with subsection (a) above, the principal of the school in which the pupil is being enrolled or his or her designee shall immediately notify the local law-enforcement agency.

The notice to the local law-enforcement agency shall include copies of the submitted proof of the pupil's identity, and age, and sex at time of birth and the affidavit explaining the inability to produce a certified copy of the birth record.

(c) Within fourteen days after enrolling a transferred pupil, the principal of the school in which the pupil has been enrolled or his or her designee shall request that the principal or his or her designee of the school in which the pupil was previously enrolled transfer a certified copy of the pupil's birth record.

(d) Principals and their designees shall be immune from any civil or criminal liability in connection with any notice to a local law-enforcement agency of a pupil lacking a birth certificate or failure to give such notice as required by this section.

(e) The sex identified in subsection (a) above shall be the pupil’s sex for the purposes of participating in single-sex secondary school interscholastic athletic events under the control, supervision, and regulation of the West Virginia Secondary Schools Activities Commission pursuant to §18-2-25 of this code.

§18-2-25.

Authority of county boards to regulate athletic and other extracurricular activities of secondary schools;

delegation of authority to West Virginia Secondary School Activities Commission;

authority of commission;

approval of rules by state board;

incorporation;

funds;

participation by private and parochial schools, and by home-schooled students and by preparatory athletic programs;

student participation in single-sex secondary school interscholastic athletic events.

(a) The county boards of education shall exercise the control, supervision, and regulation of all interscholastic athletic events, and other extracurricular activities of the students in public secondary schools, and of those schools of their respective counties.

The county board of education may delegate control, supervision, and regulation of interscholastic athletic events and band activities to the West Virginia Secondary School Activities Commission.

(b) The West Virginia Secondary School Activities Commission is composed of the principals, or their representatives, of those secondary schools whose county boards of education have certified in writing to the State Superintendent of Schools that they have elected to delegate the control, supervision, and regulation of their interscholastic athletic events and band activities of the students in the public secondary schools in their respective counties to the commission.

The West Virginia Secondary School Activities Commission may exercise the control, supervision, and regulation of interscholastic athletic events and band activities of secondary schools, delegated to it pursuant to this section.

The rules of the West Virginia Secondary School Activities Commission shall contain a provision for a proper review procedure and review board and be promulgated in accordance with the provisions of chapter 29A of this code, but shall, in all instances, be subject to the prior approval of the state board.