Signed by Governor Mark Gordon

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that requires transgender student athletes play against those of their biological sex.

Highlights:

• Prohibits a student of the male sex from competing in any athletic activity or team designated for students of the female sex (Sec. 1).

• Prohibits the government or an accrediting organization from investigating complaints or taking adverse action against the following (Sec. 1):

• Schools maintaining separate school athletic activities and teams for female students; and

• A student or parent/guardian reporting a violation to an employee or representative of the school or athletic association.

• Specifies that eligibility of students participating in athletic activity designated for male students or as mixed or coed teams is not to be restricted (Sec. 1).

• Authorizes students and their parents or guardians to seek review before the state board of education for failure to enforce the provisions of this act (Sec. 1).

• Establishes the school activity eligibility commission which will consist of 5 members appointed by the Wyoming high school activities association (Sec. 1).

• Specifies that the commission must be residents of Wyoming and consist of (Sec. 1):

• A current or former athletic director or coach;

• A mental health professional; A parent of a current student; and

• 2 members at large.

• Requires that all members of the commission constitute a quorum for the determination of a student's eligibility. A majority of the commission constitutes a quorum for any other purpose (Sec. 1).

• Specifies that commission members do not make a salary but receive compensation for daily work expenses and mileage or actual expenses for attending meetings in the manner and amounts provided for state employees (Sec. 1)..

• Requires the commission to declare rules to determine eligibility based on physical characteristics for the age and gender group in a given gender-designated interscholastic activity including height, weight, and other relevant physical characteristics (Sec. 1).

• Prohibits any record and communication of the commission that relates to a specific student from being public record and from being available for inspection (Sec. 1).

• Specifies that members of the commission or those part of the Wyoming high school activities association are immune from any liability that may arise from complying with and administering this act (Sec. 1). This immunity also applies to healthcare providers that assist the commission in making eligibility determination (Sec. 1).

• Prohibits a student from participating in a gender-designated interscholastic activity that does not correspond with their sex designation on their birth certificate if they have not obtained eligibility approval from the commission (Sec. 1).

• Requires that a student undergoing or who has undergone a gender transition must obtain eligibility approval from the commission before participating in a gender-designated interscholastic activity that does not correspond with the student’s biological sex (Sec. 1).

• Requires the following when a student registers to participate in a gender-designated interscholastic activity (Sec. 1):

• Notify the athletic association if the student has undergone or is undergoing a gender transition and get eligibility approval from the commission;

• The athletic association must notify the commission of a student who requires eligibility due to the sex designation of the student not corresponding with their birth certificate; and

• The commision must notify the student regarding the process for eligibility determination.

• Requires that the commission schedule a closed meeting within 30 days of notification to consider a student’s eligibility and notify the athletic association and the student’s parents or guardians of the scheduled meeting (Sec. 1)..

• Requires that before the scheduled meeting takes place, the student or the student’s parents/guardians may submit any information they wish to disclose to the commission which may be relevant to the commission’s eligibility determination. This may include (Sec. 1):

• The gender-designated interscholastic activity the student is seeking eligibility for;

• The gender-designated interscholastic activities the student has previously participated in; and

• The student’s physical characteristics and medical treatments which support the student’s eligibility.

• Authorizes the commission to request additional evidence from the student as long as the student’s privacy is protected and is directly relevant to the commission’s eligibility determination (Sec. 1).

• Require the commission to cover the cost of a diagnostic assessment if they request medical information not covered by the student’s insurance or reimbursement (Sec. 1).

• Specifies that those allowed to be present or participate electronically in the meeting include (Sec. 1):

• The student for whom the commission is meeting toi make an eligibility determination;

• The student’s parents or guardians;

• Members and necessary commission staff; and

• Any medical professional or other witnesses chosen by the student to support the student’s eligibility.

• Requires that when making an eligibility determination, the determination when measured against the eligibility criteria, granting the student’s eligibility would (Sec. 1):

• Present a substantial safety risk to the student or others that is greater than the inherent risks of the govern activity; and

• Likely give the student a material competitive advantage compared to students of the same age competing in the activity.

• Requires that the commission record the decision and rationale in writing and provide it to the student within 30 days of an eligibility decision being made (Sec. 1).

• Prohibits the commission from disclosing the name of the student and the commission’s eligibility determination except for the purpose of confirming their eligibility (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires transgender student athletes play against those of their biological sex.

Highlights:

• Prohibits a student of the male sex from competing in any athletic activity or team designated for students of the female sex (Sec. 1).

• Prohibits the government or an accrediting organization from investigating complaints or taking adverse action against the following (Sec. 1):

• Schools maintaining separate school athletic activities and teams for female students; and

• A student or parent/guardian reporting a violation to an employee or representative of the school or athletic association.

• Specifies that eligibility of students participating in athletic activity designated for male students or as mixed or coed teams is not to be restricted (Sec. 1).

• Authorizes students and their parents or guardians to seek review before the state board of education for failure to enforce the provisions of this act (Sec. 1).

• Establishes the school activity eligibility commission which will consist of 5 members appointed by the Wyoming high school activities association (Sec. 1).

• Specifies that the commission must be residents of Wyoming and consist of (Sec. 1):

• A current or former athletic director or coach;

• A mental health professional; A parent of a current student; and

• 2 members at large.

• Requires that all members of the commission constitute a quorum for the determination of a student's eligibility. A majority of the commission constitutes a quorum for any other purpose (Sec. 1).

• Specifies that commission members do not make a salary but receive compensation for daily work expenses and mileage or actual expenses for attending meetings in the manner and amounts provided for state employees (Sec. 1)..

• Requires the commission to declare rules to determine eligibility based on physical characteristics for the age and gender group in a given gender-designated interscholastic activity including height, weight, and other relevant physical characteristics (Sec. 1).

• Prohibits any record and communication of the commission that relates to a specific student from being public record and from being available for inspection (Sec. 1).

• Specifies that members of the commission or those part of the Wyoming high school activities association are immune from any liability that may arise from complying with and administering this act (Sec. 1). This immunity also applies to healthcare providers that assist the commission in making eligibility determination (Sec. 1).

• Prohibits a student from participating in a gender-designated interscholastic activity that does not correspond with their sex designation on their birth certificate if they have not obtained eligibility approval from the commission (Sec. 1).

• Requires that a student undergoing or who has undergone a gender transition must obtain eligibility approval from the commission before participating in a gender-designated interscholastic activity that does not correspond with the student’s biological sex (Sec. 1).

• Requires the following when a student registers to participate in a gender-designated interscholastic activity (Sec. 1):

• Notify the athletic association if the student has undergone or is undergoing a gender transition and get eligibility approval from the commission;

• The athletic association must notify the commission of a student who requires eligibility due to the sex designation of the student not corresponding with their birth certificate; and

• The commision must notify the student regarding the process for eligibility determination.

• Requires that the commission schedule a closed meeting within 30 days of notification to consider a student’s eligibility and notify the athletic association and the student’s parents or guardians of the scheduled meeting (Sec. 1)..

• Requires that before the scheduled meeting takes place, the student or the student’s parents/guardians may submit any information they wish to disclose to the commission which may be relevant to the commission’s eligibility determination. This may include (Sec. 1):

• The gender-designated interscholastic activity the student is seeking eligibility for;

• The gender-designated interscholastic activities the student has previously participated in; and

• The student’s physical characteristics and medical treatments which support the student’s eligibility.

• Authorizes the commission to request additional evidence from the student as long as the student’s privacy is protected and is directly relevant to the commission’s eligibility determination (Sec. 1).

• Require the commission to cover the cost of a diagnostic assessment if they request medical information not covered by the student’s insurance or reimbursement (Sec. 1).

• Specifies that those allowed to be present or participate electronically in the meeting include (Sec. 1):

• The student for whom the commission is meeting toi make an eligibility determination;

• The student’s parents or guardians;

• Members and necessary commission staff; and

• Any medical professional or other witnesses chosen by the student to support the student’s eligibility.

• Requires that when making an eligibility determination, the determination when measured against the eligibility criteria, granting the student’s eligibility would (Sec. 1):

• Present a substantial safety risk to the student or others that is greater than the inherent risks of the govern activity; and

• Likely give the student a material competitive advantage compared to students of the same age competing in the activity.

• Requires that the commission record the decision and rationale in writing and provide it to the student within 30 days of an eligibility decision being made (Sec. 1).

• Prohibits the commission from disclosing the name of the student and the commission’s eligibility determination except for the purpose of confirming their eligibility (Sec. 1).

Full Bill Text