SB 191 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE FAIRNESS IN GIRLS’ SPORTS ACT.

Summary

This Act generally requires a student athlete to compete for athletic teams or in sports associated with their biological sex, as determined at or near birth and based on the student’s birth certificate or other government record if a birth certificate is unobtainable. An exception is permitted to allow female athletes to compete in male sports if a corresponding female sport is not available. To facilitate this Act, a school district, charter school, or Delaware Interscholastic Athletic Association member school must designate an athletic team or sport sponsored by the school district, charter school, or Delaware Interscholastic Athletic Association member school based on the biological sex of students.

Bill Text

• Bill Text View text Current pdf

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This bill amends the Delaware Code to require that student athletes compete based on their biological sex as stated on their birth certificate or other government record, with specific provisions and exceptions.

• § 8404

  may not allow a student to compete for an athletic team or in a sport designated for the biological sex that is not the student’s biological sex as correctly stated on one of the following: → may not allow a student to compete for an athletic team or in a sport designated for the biological sex that is not the student’s biological sex as correctly stated on one of the following:

  This provides clarity that competition is based strictly on biological sex.

• § 8404

  If the student’s official birth certificate is unobtainable, another government record. → If the student’s official birth certificate is unobtainable, another government record.

  This establishes what constitutes valid documentation for determining a student's biological sex.

• § 8404

  A school district, charter school, or member school may allow a female student to compete for an athletic team or in a sport designated for male students if a corresponding athletic team or sport for female students is not offered or available. → A school district, charter school, or member school may allow a female student to compete for an athletic team or in a sport designated for male students if a corresponding athletic team or sport for female students is not offered or available.

  This allows for flexibility allowing female students to compete in male sports under specific circumstances.

• § 8405

  may not accept a complaint, open an investigation, or take any other adverse action against a school district, charter school, or member school for complying with this chapter. → may not accept a complaint, open an investigation, or take any other adverse action against a school district, charter school, or member school for complying with this chapter.

  This protects schools from repercussions when adhering to the new law.

• § 8406

  A student who is deprived of an athletic opportunity or who suffers a direct or indirect harm as a result of a violation of § 8404 of this title may bring a cause of action for injunctive relief, damages, and any other relief available under law against the school district, charter school, or member school. → A student who is deprived of an athletic opportunity or who suffers a direct or indirect harm as a result of a violation of § 8404 of this title may bring a cause of action for injunctive relief, damages, and any other relief available under law against the school district, charter school, or member school.

  This allows students to seek legal remedy if they feel their rights under the bill are violated.

• § 8406

  may bring a cause of action for injunctive relief, damages, and any other relief available under law against the school district, charter school, member school, or athletic association or organization as a result of reporting a violation of § 8404 of this title to an employee or representative of the school district, charter school, member school, or athletic association or organization, or to any state or federal agency with oversight of the school district, charter school, member school, or athletic association or organization in this State. → may bring a cause of action for injunctive relief, damages, and any other relief available under law against the school district, charter school, member school, or athletic association or organization as a result of reporting a violation of § 8404 of this title to an employee or representative of the school district, charter school, member school, or athletic association or organization, or to any state or federal agency with oversight of the school district, charter school, member school, or athletic association or organization in this State.

  This strengthens protections for students reporting violations of the new regulations.

• § 8406

  A school district, charter school, or member school that suffers a direct or indirect harm as a result of a violation of § 8405 of this title 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. → A school district, charter school, or member school that suffers a direct or indirect harm as a result of a violation of § 8405 of this title 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.

  This allows schools to seek recourse for any negative impacts stemming from compliance with the law.

• The Delaware Interscholastic Athletic Association shall adopt regulations necessary to implement and enforce this chapter.

  This establishes the regulatory authority responsible for ensuring compliance with the new law.

• This chapter may be cited as the “Fairness in Girls’ Sports Act”.

  This formalizes the title of the law for reference and advocacy.

Action History

1. June 21, 2024

   Introduced and Assigned to Education Committee in Senate

Sponsors

• Stell Parker Selby · Primary
• Valerie Longhurst · Primary
• Jesse R. Vanderwende · Primary
• Richard G. Collins · Primary
• Timothy D. Dukes · Primary
• Franklin D. Cooke · Primary
• Bryant L. Richardson · Primary

Subjects