HF 1546

as introduced - 89th Legislature (2015 - 2016) Posted on 03/09/2015 01:46pm

A bill for an act
relating to education; providing for participation in athletic teams; establishing
the Student Physical Privacy Act; proposing coding for new law in Minnesota
Statutes, chapter 121A.

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

Section 1.

new text begin [121A.041] ATHLETIC TEAMS; PARTICIPATION.
new text end

new text begin Subdivision 1. new text end

new text begin Level of skill and ability. new text end

new text begin An elementary or secondary school may
make participation on a team in a sport dependent upon a demonstrated level of skill
and ability.
new text end

new text begin Subd. 2. new text end

new text begin Female teams; male participation. new text end

new text begin When an elementary or secondary
school establishes a team for students of the female sex, students of the male sex may not
try out for or participate on that team. For purposes of this section, "sex" means the
physical condition of being male or female, which is genetically determined by a person's
chromosomes and is identified at birth by a person's anatomy.
new text end

new text begin Subd. 3. new text end

new text begin Minnesota State High School League. new text end

new text begin The Minnesota State High School
League shall review and conform league rules, guidelines, procedures, and eligibility
bylaws to be consistent with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [121A.35] STUDENT PHYSICAL PRIVACY ACT.
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 For the purposes of this section, the following terms have
the meanings given them.
new text end

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

new text begin (b) "Public school" means a public school under section 120A.05, subdivisions 9,
11, 13, and 17, and a charter school under section 124D.10.
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, and shower room accessible by multiple students
at the same time shall be designated for the exclusive use by students of the male sex
only or by students of the female sex only.
new text end

new text begin (b) A public school student restroom, locker room, changing room, and shower room
that is designated for the exclusive use of one sex shall be used only by members of that sex.
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, but in no event shall that
accommodation result in a public school allowing a student to use a facility designated
under paragraph (b) for a sex other than the student's own sex.
new text end