’20-HB1689/SB1736 – Cepicky/Hensley

Bill Description

This bill requires any public school in this state that serves any combination of the grades five through 12 to require each student who seeks to participate in a single-sex interscholastic sport or athletic event that is provided by the school to verify that the student is of the respective sex before participating in the sport event. Under this bill, a student may verify the student's sex by either providing an unrevised birth certificate that designates the student as male or female or the certified results of a genetic or DNA test conducted by a licensed healthcare practitioner that establishes the student's biological sex.
This bill specifies that students may participate in a co-educational sport or athletic event provided by the student's public school without having to comply with the requirements of this bill.
This bill's requirements apply to the 2020-2021 school year and each school year thereafter.

AMENDMENT #1 adds a preamble and rewrites this bill to require that a student's gender for purposes of participation in a public middle school or high school interscholastic athletic activity or event be determined by the student's sex at the time of the student's birth, as indicated on the student's original birth certificate.
If a student's birth certificate does not appear to be the student's original birth certificate or does not indicate the student's sex upon birth, then the student must provide other evidence indicating the student's sex at the time of birth. This amendment requires that the student or the student's parent or guardian pay any costs associated with providing the evidence required to establish the student's gender at the time of birth.
The state board of education, each LEA, and each governing body of a public charter school are required to adopt and enforce policies to ensure compliance with this amendment.
The requirements of this amendment do not apply to students in any grade kindergarten through four.
This amendment applies to the 2020-2021 school year and each school year thereafter.

TLRC Position

We strongly approve this bill and consider it imminently necessary. As in other situations, the rights of the majority cannot be violated to accommodate the perceived rights of a very small minority.

TLRC Observed Process

Passed the house on a largely partisan basis. Deferred Senate Education Committee

Vote Result: Pass House Only

Score: +5