FILED SENATE
Apr 5, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 636
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS35218-TC-35
Short Title: School Athletic Transparency. (Public)
Sponsors: Senators Sawyer, Johnson, and McInnis (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REVISE OVERSIGHT OF HIGH SCHOOL INTERSCHOLASTIC ATHLETICS.
3 The General Assembly of North Carolina enacts:
4
5 PART I. REVISE OVERSIGHT OF HIGH SCHOOL INTERSCHOLASTIC
6 ATHLETICS
7 SECTION 1.(a) Article 29E of Chapter 115C of the General Statutes reads as
8 rewritten:
9 "Article 29E.
10 "High School Interscholastic Athletic Activities.
11 "Part 1. Definitions.
12 "§ 115C-407.50. Definitions.
13 The following definitions apply in this Article:
14 (1) Administering organization. – A nonprofit organization that has entered into
15 and is in compliance with a memorandum of understanding with the State
16 Board of Education to administer and enforce the adopted rules and
17 requirements of this Article for interscholastic athletic activities at the high
18 school level.
19 …
20 (6) Parent. – The parent or legal guardian of a student participating or seeking to
21 participate in interscholastic athletic activities.
22 (7) Participating school. – A high school that elects to offer interscholastic athletic
23 activities.
24 "Part 2. Oversight of Interscholastic Athletic Activities.
25 "§ 115C-407.55. Rules for high school interscholastic athletic activities.
26 The State Board of Education shall adopt rules governing high school interscholastic athletic
27 activities conducted by public school units that include the following:
28 (1) Student participation rules. – These rules shall govern student eligibility to
29 participate in interscholastic athletic activities and activities. The adoption of
30 these rules shall not be delegated to an administering organization. The rules
31 shall include, at a minimum, the following:
32 a. academic standards, Academic standards.
33 b. enrollment Enrollment and transfer requirements, requirements,
34 including the following:
35 1. A student who is not domiciled in a local school administrative
36 unit but enrolls in that unit pursuant to G.S. 115C-366(d) shall
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 General Assembly Of North Carolina Session 2023
1 not be eligible to participate in interscholastic athletic activities
2 in that unit if the student's enrollment in that unit is solely for
3 athletic participation purposes. A student determined to be
4 ineligible under this sub-sub-subdivision shall be ineligible to
5 participate in postseason play for one year following discovery
6 of the violation.
7 2. A student who receives priority enrollment as the child of a
8 full-time employee of a charter school pursuant to
9 G.S. 115C-218.45(f)(3) shall not be eligible to participate in
10 interscholastic athletics for that charter school if the Office of
11 Charter Schools determines that the parent's enrollment was a
12 fraudulent basis for the student's priority enrollment. A student
13 determined to be ineligible under this sub-sub-subdivision
14 shall be ineligible to participate in postseason play for one year
15 following discovery of the violation.
16 c. attendance requirements, Attendance requirements.
17 d. medical Medical eligibility requirements, requirements.
18 e. Biological participation requirements. The rule shall require at least
19 the following:
20 1. Interscholastic teams or sports shall be designated as one of the
21 following based on biological sex:
22 I. Males, men, or boys.
23 II. Females, women, or girls.
24 III. Coed or mixed.
25 2. Interscholastic athletic activities designated for females,
26 women, or girls shall not be open to students of the male sex.
27 3. Sex shall be recognized based solely on a person's reproductive
28 biology and genetics at birth.
29 f. recruiting limitations, Recruiting limitations.
30 g. and hardship exceptions.Hardship exceptions.
31 (2) Student health and safety rules. – These rules shall govern requirements to
32 ensure student health and safety during participation in interscholastic athletic
33 activities, including rules related to concussions and emergency action plans
34 as required by G.S. 115C-12(23).G.S. 115C-407.57 and G.S. 115C-407.58.
35 The adoption of these rules shall not be delegated to an administering
36 organization.
37 (3) Penalty rules. – These rules shall establish a system of demerits for infractions
38 of student participation rules and gameplay rules which may result in
39 reprimands, probations, suspensions, forfeitures of contests, forfeitures of
40 titles, and disqualifications. disqualifications but shall not result in monetary
41 penalties of any kind. The State Board may by rule delegate the authority to
42 establish all or a portion of the penalty rules to an administering organization.
43 (4) Appeals rules. – These rules shall establish an appeals process that provides
44 due process to students, parents, and participating schools for enforcement of
45 rules that provides for rules. The adoption of these rules may not be delegated
46 to an administering organization. The rules shall require the following:
47 a. The Superintendent of Public Instruction shall appoint an independent
48 appeals board, board.
49 b. notice Notice of the infraction and the appeals process shall be
50 provided to the party that receives the penalty, penalty.
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1 c. and an An opportunity to be heard before the independent appeals
2 board.board shall be given to the entity that receives the penalty.
3 d. A student and that student's parent shall be allowed to appeal a penalty
4 resulting from the application of any rule that restricts an individual
5 student from participating in a season, game, or series of games, and
6 shall be provided a written copy of the rule that is the basis for the
7 penalty.
8 (5) Administrative rules. – These rules shall govern classifications of schools into
9 divisions and conferences, administration of games, and requirements for
10 coaching, officiating, sportsmanship, and scheduling of seasons. The State
11 Board may by rule delegate the authority to establish all or a portion of the
12 administrative rules to an administering organization. At a minimum,
13 administrative rules shall require the following:
14 a. Classification of all participating schools in the State into one of four
15 athletic divisions based solely on average daily membership. For
16 charter or nonpublic schools, the rules shall classify those schools into
17 the next largest conference than the school would be assigned to based
18 solely on average daily membership.
19 b. Classification of all participating schools in the State into conferences
20 based solely on geography, division classification, and average daily
21 membership.
22 (6) Gameplay rules. – These rules shall be adopted in accordance with the
23 requirements of the governing organization for each sport, including the
24 requirements of the National Federation of State High School Associations.
25 The State Board may by rule delegate the authority to establish all or a portion
26 of the gameplay rules to an administering organization.
27 (7) Fees. – These rules shall establish the fees and other amounts that may be
28 charged to a participating school for participation in interscholastic athletic
29 activities. The State Board may by rule delegate the authority to establish all
30 or a portion of the fees to an administering organization.The adoption of these
31 rules shall not be delegated to an administering organization.
32 (8) Administering organization rules. – These rules shall require that to be
33 designated as an administering organization, a nonprofit must enter into and
34 remain compliant with a memorandum of understanding with the State Board.
35 The adoption of these rules shall not be delegated to an administering
36 organization. The rules shall also require the following:
37 a. The State Board may, by majority vote, invalidate any rule or
38 regulation adopted by the administering organization.
39 b. The administering organization be audited annually by a reputable
40 independent auditing firm, engage in open meetings as set out in the
41 memorandum of understanding, and provide the State Board access to
42 records of the administering organization, including financial
43 information, annual audit reports, and any matters related to or
44 impacting participating schools.
45 c. The administrating organization shall enter into written agreements
46 with each participating school.
47 d. The memorandum of understanding shall incorporate by reference any
48 subsequent changes to rules or statutes made after the parties enter into
49 the memorandum.
50 (9) Reporting rules. – These rules shall establish a process for reporting issues or
51 concerns related to the administration of interscholastic athletic
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1 activities.activities, including intimidation or harassment of the participating
2 school or its employees or students by an administering organization. The
3 adoption of these rules may not be delegated to an administering organization.
4 "Part 3. Memorandum of Understanding.
5 "§ 115C-407.60. Administration and enforcement of high school interscholastic athletic
6 activity rules.
7 (a) The State Board of Education Superintendent of Public Instruction may enter into a
8 memorandum of understanding for a term of four years with one or more nonprofit organizations
9 to administer and enforce the requirements of this Article and the rules adopted by the State
10 Board for interscholastic athletic activities at the high school level. A memorandum of
11 understanding shall include the requirements of G.S. 115C-407.61 and shall comply with the
12 requirements of this Article. If the State Board by rule delegates the authority to establish certain
13 rules to an administering organization, as provided in G.S. 115C-407.55, the administering
14 organization shall not be required to comply with the requirements of Chapter 150B of the
15 General Statutes in establishing those rules.
16 (a1) The State Auditor is authorized to conduct audits of any administering organization
17 in the same manner as for State agencies in accordance with Article 5A of Chapter 147 of the
18 General Statutes, if the State Auditor deems an audit necessary.
19 (b) If the State Board Superintendent is unable to enter into a memorandum of
20 understanding, the State Board shall assign the administration of high school interscholastic
21 athletic activities to the Department Superintendent of Public Instruction and establish fees
22 sufficient to support the administration of the program.
23 (c) An administering organization is a public body for the purposes of Article 33C of
24 Chapter 143 of the General Statutes.
25 "§ 115C-407.61. Memorandum of understanding requirements.
26 (a) If the Superintendent of Public Instruction enters into a memorandum of
27 understanding with a nonprofit organization as provided in G.S. 115C-407.60, the memorandum
28 shall require that organization to do the following in accordance with the requirements of this
29 Article to maintain the authority to administer and enforce the requirements for high school
30 interscholastic athletic activities:
31 (1) Apply, enforce, and administer all rules adopted by the State Board.
32 (2) If delegated by the State Board, adopt, apply, enforce, and administer
33 administrative rules, gameplay rules, and penalty rules. A rule shall not be
34 adopted by an administering organization until the organization has provided
35 for publication of the proposed rule on the organization's website and provided
36 the opportunity to the public for notice and comment on the rule. All adopted
37 rules shall be provided within 15 days to the Superintendent for review. If the
38 Superintendent determines that the rule adopted by an administering
39 organization is unenforceable, the Superintendent shall notify the State Board
40 and the administering organization shall not enforce the rule. Upon notice
41 from the Superintendent, the State Board may either require the administering
42 organization to revise the rule and resubmit it to the Superintendent or may
43 rescind the delegation of authority and adopt a rule by emergency rule.
44 (3) Make publicly available at no cost on the administering organization's website
45 the following:
46 a. The organization's handbook for participating schools.
47 b. All student participation rules.
48 c. All gameplay rules.
49 d. Information on the appeals process, including specific information on
50 how to make an appeal.
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1 (4) Agree to adopt requirements for membership of the nonprofit board that
2 require equal representation on the board from each educational district
3 established as provided in G.S. 115C-65.
4 (5) Adopt an ethics policy that requires board members to avoid conflicts of
5 interest and the appearance of impropriety.
6 (6) Agree to adopt procedures for its operations that are comparable to those of
7 Chapter 132 of the General Statutes, the Public Records Law, and provide for
8 enforcement by the Superintendent. The procedures may provide for the
9 confidentiality of personnel files comparable to Article 7 of Chapter 126 of
10 the General Statutes.
11 (7) Apply the standards established by the federal Family Educational Rights and
12 Privacy Act, 20 U.S.C. § 1232g, to all student records containing