HB 4066

substitute for
House BILL NO. 4066
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1290.
the peoplE of the state of michigan enact:
Sec. 1290. (1)
The board of a school district or intermediate school district or board of
directors of a public school academy that participates in interscholastic
athletic activities shall designate interscholastic athletic teams and sports
based on the sex of the participants as follows:
(a) Females, women, or girls.
(b) Males, men, or boys.
(c) Coeducational or mixed.
(2) A school district, intermediate school district, or public school
academy to which subsection (1) applies shall not knowingly allow individuals
of the male sex to participate in any interscholastic athletic team or sport designated
for participants of only the female sex.
(3) This
section must not be construed to restrict the eligibility of any student to
participate on any interscholastic athletic teams or in interscholastic sports that
are designated for participants of the male sex or coeducational.
(4) An
agency or political subdivision of this state, or an accrediting organization
or interscholastic athletic association that operates or has business
activities in this state, shall not process a complaint, begin an
investigation, or take any other adverse action against a school district,
intermediate school district, or public school academy for maintaining separate
single-sex interscholastic athletic teams or sports for participants of only the
female sex.
(5) A
participant who is deprived of an athletic opportunity or suffers a direct or
indirect harm as a result of a violation of this section by a school district,
intermediate school district, or public school academy has a private cause of
action for injunctive relief, damages, and any other relief available against
the school district, intermediate school district, or public school academy.
(6) A
participant who is subject to retaliation or other adverse action by a school
district, intermediate school district, or public school academy as a result of
reporting a violation of this section has a private cause of action for
injunctive relief, damages, and any other relief available against the school
district, intermediate school district, or public school academy that took the
retaliatory or other adverse action.
(7) A
school district, intermediate school district, or public school academy that
suffers any direct or indirect harm as a result of a violation of subsection
(4) has a private cause of action for injunctive relief, damages, and any other
relief available against the agency, political subdivision, accrediting
organization, or interscholastic athletic association that violated subsection
(4).
(8) Any
civil action brought as a result of a violation of this section must be
initiated within 2 years after the date on which the violation occurred.
(9) As used
in this section, "sex" means the biological indication of male or
female, as listed on an individual's original birth certificate that was issued
at or near the time of the individual's birth.