1.1 	A bill for an act
1.2 	relating to education; restricting male student participation in female athletics; 
1.3 	restricting male access to female changing facilities; providing criminal penalties;
1.4 	amending Minnesota Statutes 2020, section 121A.04, subdivisions 3, 5, by adding 
1.5 	a subdivision; proposing coding for new law in Minnesota Statutes, chapters 121A; 
1.6 	135A.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2020, section 121A.04, is amended by adding a subdivision 
1.9 	to read:
1.10 		Subd. 1a.Definition. For the purposes of this section, "male" means a person with a 
1.11 	heterogametic sex chromosome pair consisting of one X chromosome and one Y 
1.12 	chromosome.

1.13 	Sec. 2. Minnesota Statutes 2020, section 121A.04, subdivision 3, is amended to read:
1.14 		Subd. 3.Exceptions. (a) Notwithstanding any other state law to the contrary, in athletic 
1.15 	programs operated by educational institutions or public services and designed for participants 
1.16 	12 years old or older or in the 7th grade or above, it is not an unfair discriminatory practice 
1.17 	to restrict membership on an athletic team to participants of one sex whose overall athletic 
1.18 	opportunities have previously been limited. Consistent with this section, in no case may 
1.19 	male students try out for or participate on a female-only team. A male student who 
1.20 	participates on a female-only team is guilty of a petty misdemeanor.
1.21 	(b) When an educational institution or a public service provides athletic teams for children 
1.22 	11 years old or younger or in the 6th grade or below, those teams shall be operated without 
1.23 	restrictions on the basis of sex, except that when overall athletic opportunities for one sex 
2.1 	have previously been limited and there is a demonstrated interest by members of that sex 
2.2 	to participate on a team restricted to members of that sex, the educational institution or 
2.3 	public service may provide a team restricted to members of that sex. Consistent with this 
2.4 	section, in no case may students of the male sex try out for or participate on a female-only 
2.5 	team. A male student who participates on a female-only team is guilty of a petty 
2.6 	misdemeanor.
2.7 	(c) When two teams in the same sport are in fact separated or substantially separated 
2.8 	according to sex, the two teams shall be provided with substantially equal budgets per 
2.9 	participant, exclusive of gate receipts and other revenues generated by that sport, and in all 
2.10 	other respects shall be treated in a substantially equal manner. However, nothing in this 
2.11 	section shall be construed to require the two teams to conduct combined practice sessions 
2.12 	or any other combined activities related to athletics.
2.13 	(d) If two teams are provided in the same sport, one of these teams may be restricted to 
2.14 	members of a sex whose overall athletic opportunities have previously been limited, and 
2.15 	members of either sex shall be permitted to try out for the other team.
2.16 	(e) Notwithstanding the provisions of paragraphs (a), (b), and (d), any wrestling team 
2.17 	may be restricted to members of one sex whether or not the overall athletic opportunities 
2.18 	of that sex have previously been limited, provided that programs or events are provided for 
2.19 	each sex to the extent the educational institution or public service determines that these 
2.20 	programs or events are necessary to accommodate the demonstrated interest of each sex to 
2.21 	participate in wrestling.

2.22 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
2.23 	committed on or after that date.

2.24 	Sec. 3. Minnesota Statutes 2020, section 121A.04, subdivision 5, is amended to read:
2.25 		Subd. 5.Rules. The commissioner of education, after consultation with the commissioner 
2.26 	of human rights must promulgate rules in accordance with chapter 14 to implement this 
2.27 	section to prevent discrimination in elementary and secondary school athletic programs 
2.28 	operated by educational institutions. The rules promulgated by the commissioner pursuant 
2.29 	to this section shall not require athletic competition or tournaments for teams whose 
2.30 	membership may be restricted to members of a sex whose overall athletic opportunities 
2.31 	have previously been limited to be scheduled in conjunction with the scheduling of athletic 
2.32 	competition or tournaments for teams whose membership is not so restricted by this section. 
2.33 	Any organization, association, or league, including the Minnesota State High School League,
2.34 	entered into by elementary or secondary schools or public services for the purpose of 
3.1 	promoting sports or adopting rules and regulations for the conduct of athletic contests 
3.2 	between members shall provide rules and regulations and conduct its activities so as to 
3.3 	permit its members to comply fully with this section. The rules of that organization, 
3.4 	association or league may provide separate seasons for athletic competition or tournaments 
3.5 	in a sport for teams whose membership may be restricted to members of a sex whose overall 
3.6 	athletic opportunities have previously been limited from athletic competition or tournaments 
3.7 	established for teams in that same sport whose membership is not so restricted by this 
3.8 	section, and its rules may prohibit a participating student from competing on more than one 
3.9 	school team in a given sport during a single school year.

3.10 	Sec. 4. [121A.20] DRESSING FACILITIES.
3.11 	Public school communal restrooms, locker rooms, dressing rooms, shower rooms, and 
3.12 	any other facility or setting where a student may be in a state of undress shall be designated 
3.13 	female only or male only. A male who uses a female-only facility is guilty of a misdemeanor. 
3.14 	For the purposes of this section, "male" means a person with a heterogametic sex 
3.15 	chromosome pair consisting of one X chromosome and one Y chromosome.

3.16 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
3.17 	committed on or after that date.

3.18 	Sec. 5. [135A.151] SINGLE-SEX ATHLETICS AND DRESSING FACILITIES 
3.19 	POLICY.
3.20 		Subdivision 1.Definition. For the purposes of this section, "male" means a person with 
3.21 	a heterogametic sex chromosome pair consisting of one X chromosome and one Y 
3.22 	chromosome.
3.23 		Subdivision 2.Applicability. This section applies to the following postsecondary 
3.24 	institutions:
3.25 	(1) institutions governed by the Board of Trustees of the Minnesota State Colleges and 
3.26 	Universities or the Board of Regents of the University of Minnesota; and
3.27 	(2) private postsecondary institutions that offer in-person courses on a campus located 
3.28 	in Minnesota and which are eligible institutions as defined in section 136A.103.
3.29 		Subd. 3.Policy requirements. (a) Notwithstanding any other state law to the contrary, 
3.30 	in athletic programs operated by postsecondary institutions, it is not an unfair discriminatory 
3.31 	practice to restrict membership on an athletic team to participants of one sex. In no case 
4.1 	may male students try out for or participate on a female-only team. A male student who 
4.2 	participates on a female-only team is guilty of a petty misdemeanor.
4.3 	(b) Communal restrooms, locker rooms, dressing rooms, shower rooms, and any other 
4.4 	facility or setting where a student may be in a state of undress shall be designated female 
4.5 	only or male only. A male who uses a female-only facility is guilty of a misdemeanor.

4.6 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
4.7 	committed on or after that date.