Language: Let Kids Be Kids Act & Save Women's Sports Act 2024.docx

2/5/24, Let Kids Be Kids Act

Bill working language -

a) For purposes of this section:
(1) “Behavior intervention meeting” has the same meaning as applied in section 10-
236c.
(2) “Bullying” has the same meaning as provided in section 10-222d.
(3) “Crisis intervention team” has the same meaning as applied in section 10-236b.
(4) “Gender identity” means a person’s gender-related identity, appearance, or
behavior, whether or not that gender-related identity, appearance, or behavior is
different from the one traditionally associated with the person’s physiology or assigned
sex at birth. “Gender identity” shall not be considered a synonym or substitute for “sex”
or “gender.”
(5) “School” means a public school as defined in section 10-183b.
(6) “School employee” has the same meaning as provided in section 10-222d.
(7) “School purposes” has the same meaning as provided in section 10-234aa.
(8) “School-sponsored activity” means any activity conducted, sponsored, recognized,
or authorized by a board of education and includes activities conducted on or off school
property.
(9) “Sex” means the biological state of being male or female, based on the individual's
sex organs, chromosomes, and endogenous hormone profiles.
(10) “Student” has the same meaning as provided in section 10-236b.
(11) “Student information” has the same meaning as provided in section 10-234aa.
(12) “Student record” has the same meaning as provided in section 10-234aa.
(b) (1) A school shall notify a student’s parent or guardian within one (1) school day, but
not later than twenty-four (24) hours, after a school employee requests a behavior
intervention meeting and shall make a reasonable effort to provide such notification
immediately after such behavior intervention meeting is requested.
(2) Within seven (7) days of a behavior intervention meeting convened pursuant to
section 10-236c, a school shall provide a written report to a student’s parent or guardian
providing details of the behavior intervention meeting. At a minimum, such a report shall
include the following:
(A) The identity of the school employee who requested the behavior intervention
meeting;
(B) The factor(s) that precipitated the school employee’s request for the behavior
intervention meeting;
(C) The identities of the crisis intervention team members who convened the
behavior intervention meeting;
(D) Any findings that resulted from the behavior intervention meeting convened
by the crisis intervention team, including what the crisis intervention team
identified as the student’s social, emotional, and instructional needs;
(E) Any action plan, including what the crisis intervention team identified as the
specific resources and supports necessary to address the student’s social,
emotional, and instructional needs;
(F) Any student information that resulted from the behavior intervention meeting
that may be added to the student record; and
(G) Any other information that resulted from the behavior intervention meeting
that may be used for school purposes.
(c) A school shall notify a student’s parent or guardian within one (1) school day, but not
later than twenty-four (24) hours, after a school employee becomes aware that the
student, while participating in a school-sponsored activity, has:
(1) Caused a material and substantial disruption to the instruction of other
students;
(2) Suffered any physical injury or caused a physical injury to another person
when such injury requires medical treatment beyond routine first aid;
(3) Exhibited signs of mental health distress, including any evidence of intentional
self-harm or suicidal actions or ideations;
(4) Asserted a gender identity that does not align with the student’s sex. This
includes any request or attempt by the student to:
(A) use a name, other than a nickname or recognized diminutive, that
differs from the name found in the student record;
(B) use pronouns that do not align with the student’s sex; or
(C) access sex-separated school programs, activities, or facilities,
including athletic teams, competitions, bathrooms, and changing areas,
that do not align with the student’s sex.
(5) Committed an act of bullying that triggers a requirement by a school
employee to report pursuant to section 10-222d;
(6) Been the target of bullying that triggers a requirement by a school employee
to report pursuant to section 10-222d;
(7) Exhibited a pattern of poor performance on tests, exams, or other graded
assignments; or
(8) Requested to change any student information or other information found in the student record.

Save Women's Sports Act

Section 1. (NEW) (Effective upon passage) Designation of school athletics based on sex. (a) As used in sections 1 to 4, inclusive of this act: :

(1) “School” means a primary or secondary school or an institution of higher education;

(2) “Sex” means a biological sex, either male or female;

(3) “Female” means an individual who has, had, will have or would have, but for a developmental or genetic anomaly or historical accident, a reproductive system that at some point produces, transports, and utilizes eggs for fertilization;

(4) “Male” means an individual who has, had, will have or would have, but for a developmental or genetic anomaly or historical accident, a reproductive system that at some point produces, transports, and utilizes sperm for fertilization;

(5) “Woman” means an adult human female;

(6) “Girl” means a minor human female;

(7) “Man” means an adult human male; and

(8) “Boy” means a minor human male.

(b) Interscholastic or intramural athletic teams or sports that are sponsored by a public school or a private school whose students or teams compete against a public school shall be expressly designated as one of the following based on biological sex: male, men, boy; female, women, girl; or coed, mixed.

(d) Nothing in this section shall be construed to restrict the eligibility of any student to participate in any interscholastic or intramural athletic teams or sports designated as “male,” “men,” or “boy” or designated as “coed” or “mixed.”

Section 2. (NEW) (Effective upon passage) Protection for educational institutions. A government entity, any licensing or accrediting organization, or any athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against a school for maintaining separate interscholastic or intramural athletic teams or sports for students of the female sex.

Section 3. (NEW) (Effective upon passage) Cause of action. (a) Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a school knowingly violating this act shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school.

(b) Any student who is subject to retaliation or other adverse action by a school or athletic association or organization as a result of reporting a violation of this act to an employee or representative of the school or athletic association or organization, or to any state or federal agency with oversight of schools in the state shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school or athletic association or organization.

(c) Any school that suffers any direct or indirect harm as a result of a violation of this act shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the government entity, licensing or accrediting organization, or athletic association or organization.

(d) All civil actions must be initiated within two years after the harm occurred. Persons or organizations who prevail on a claim brought pursuant to this section shall be entitled to monetary damages, including for any psychological, emotional, and physical harm suffered, reasonable attorneys’ fees and costs, and any other appropriate relief.

Section 4. (NEW) (Effective upon passage) Severability. Any provision of this act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable herefrom and shall not affect the remainder hereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.