SF 802

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/07/2025 08:51 a.m.

A bill for an act
relating to education; providing for student physical privacy; amending Minnesota
Statutes 2024, section 121A.04, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 121A.04, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) Notwithstanding any other state law to the contrary, in athletic
programs operated by educational institutions or public services and designed for participants
12 years old or older or in the 7th grade or above, it is not an unfair discriminatory practice
to restrict membership on an athletic team to participants of one sex whose overall athletic
opportunities have previously been limited.

(b) When an educational institution or a public service provides athletic teams for children
11 years old or younger or in the 6th grade or below, those teams shall be operated without
restrictions on the basis of sex, except that when overall athletic opportunities for one sex
have previously been limited and there is a demonstrated interest by members of that sex
to participate on a team restricted to members of that sex, the educational institution or
public service may provide a team restricted to members of that sex.

(c) When two teams in the same sport are in fact separated or substantially separated
according to sex, the two teams shall be provided with substantially equal budgets per
participant, exclusive of gate receipts and other revenues generated by that sport, and in all
other respects shall be treated in a substantially equal manner. However, nothing in this
section shall be construed to require the two teams to conduct combined practice sessions
or any other combined activities related to athletics.

(d) If two teams are provided in the same sport, one of these teams may be restricted to
members of a sex whose overall athletic opportunities have previously been limited, and
members of either sex shall be permitted to try out for the other team.

(e) Notwithstanding the provisions of paragraphs (a), (b), and (d), any wrestling team
may be restricted to members of one sex whether or not the overall athletic opportunities
of that sex have previously been limited, provided that programs or events are provided for
each sex to the extent the educational institution or public service determines that these
programs or events are necessary to accommodate the demonstrated interest of each sex to
participate in wrestling.

new text begin (f) Notwithstanding the provisions of paragraphs (a) to (e) or any other state law to the
contrary, a person with a Y chromosome must not participate in a school athletic team
designated for the female sex.
new text end

Sec. 2.

new text begin [121A.211] STUDENT PHYSICAL PRIVACY.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is to protect and provide for the
privacy and safety of all students enrolled in public schools and to maintain order and dignity
in restrooms, locker rooms, changing rooms, showers, and other facilities where students
may be in various states of undress in the presence of other students.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Sex" means the physical condition of being male or female, as determined by a
person's chromosomes and identified by a person's anatomy.
new text end

new text begin (c) "Public school" means a public school under section 120A.05, subdivisions 9, 11,
13, and 17, and a charter school under chapter 124E.
new text end

new text begin Subd. 3. new text end

new text begin Student physical privacy protection. new text end

new text begin (a) A public school student restroom,
locker room, changing room, or shower accessible by multiple students at the same time
shall be designated for the exclusive use by students based on their sex.
new text end

new text begin (b) A public school student restroom, locker room, changing room, or shower that is
designated for the exclusive use of one sex shall be used only by members of that sex. A
restroom, locker room, changing room, or shower that is designated for the exclusive use
of the female sex must not be used by a person with a Y chromosome.
new text end

new text begin (c) In any other public school facility or setting where a student may be in a state of
undress in the presence of other students, school personnel shall provide separate, private,
and safe areas designated for use by students based on their sex.
new text end

new text begin (d) Nothing in this section shall prohibit public schools from providing accommodation
such as single-occupancy facilities or controlled use of faculty facilities upon a student
request due to special circumstances. Under no circumstances may a public school student
restroom, locker room, changing room, shower, or other facility designated for exclusive
use based on sex be used by a person of another sex.
new text end