HF 3215

as introduced - 89th Legislature (2015 - 2016) Posted on 04/28/2016 08:09am

A bill for an act
relating to education; codifying the Minnesota State High School League gender
identity policy; amending Minnesota Statutes 2014, section 128C.02, by adding
a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 128C.02, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Gender identity; participation in league activities. new text end

new text begin (a) For purposes
of this subdivision, the following terms defined in this paragraph have the meanings
given them:
new text end

new text begin (1) "transgender person" means a person whose gender-related identity is different
from and does not match the gender assigned at birth;
new text end

new text begin (2) "gender-related identity" means a person's deeply felt internal sense of being
male or female; and
new text end

new text begin (3) "gender-related expression" means a person's external characteristics and
behaviors such as dress, speech, mannerisms, and social interactions that are socially
defined as either masculine or feminine.
new text end

new text begin (b) A student's member school initially determines a student's eligibility to
participate in league-sponsored interscholastic activities. When a member school receives
written notice from a student and the student's parent or guardian that the student has a
consistent and uniform gender-related identity, or that the student's gender-related identity
is sincerely held as part of the student's core identity and the gender-related identity is
different from the student's gender described on the student's school registration records or
birth certificate, and the student wishes to participate in league-sponsored interscholastic
activities consistent with the student's current gender-related identity, the student's school
must review the following information before determining the appropriate gender team on
which to place the student:
new text end

new text begin (1) the student's current transcript, school registration, and other relevant information;
new text end

new text begin (2) the written notice from the student and the student's parent or guardian affirming
the student's consistent and uniform or sincerely held gender-related identity and
expression;
new text end

new text begin (3) statements from individuals such as parents, friends, and teachers affirming the
student's actions, attitudes, dress, and manner that demonstrate the student's consistent and
uniform or sincerely held gender-related identity or expression; and
new text end

new text begin (4) a written statement from an appropriate health care professional, acting within
the scope of that person's licensure, verifying the existence of the student's consistent and
uniform or sincerely held gender-related identity.
new text end

new text begin (c) Consistent with paragraph (b), after a school receives confirmation of a student's
consistent and uniform gender-related identity or other evidence that the student's
gender-related identity is sincerely held as part of the student's core identity, the student
is eligible to participate in league-sponsored interscholastic activities consistent with
the student's current gender-related identity for the remaining period of the student's
high school eligibility.
new text end

new text begin (d) If a member school denies a student's request to participate in league-sponsored
interscholastic activities consistent with the student's current gender-related identity, the
student's parent or guardian may appeal the school's decision to the league's executive
director. The executive director or the executive director's designee, under the league's
fair hearing procedures as periodically amended and published, must then determine the
student's eligibility to participate in league-sponsored interscholastic activities consistent
with the student's current gender-related identity. The decision of the executive director or
the executive director's designee is final.
new text end

new text begin (e) Consistent with applicable law, the school and the league must keep the
information about the student transmitted under this subdivision private unless the student
and the student's parent or guardian specifically allow the school or league to disclose
the information.
new text end

new text begin (f) Member schools must make a locker room, bathroom, and shower facility
in a safe, comfortable, and convenient environment accessible to every student who
participates in a league-sponsored interscholastic activity.
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