OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 6* Bill Analysis
135th General Assembly
Click here for H.B. 6’s Fiscal Note
Version: As Reported by House Higher Education
Primary Sponsor: Rep. Powell
Effective Date:
Mike Niemi, Research Analyst
SUMMARY
 Requires each school that participates in athletic competitions or events administered by
an organization that regulates interscholastic athletic conferences or events to designate
separate single-sex athletic teams based on the sex of the participants.
 Requires each state institution of higher education or private, nonprofit college or
university that is a member of the NCAA, NAIA, or NJCAA to designate separate single-sex
athletic teams and sports based on the sex of the participants.
 Authorizes an athletic participant to file a civil action if the participant is deprived of an
athletic opportunity or suffers harm as a result of a violation of the bill’s single-sex
participation requirements or if the participant is subject to retaliation for reporting such
a violation.
 Prohibits a state agency or political subdivision, accrediting organization, or athletic
association that operates or has business activities in Ohio from taking adverse actions
against a school, school district, or college or university that complies with the bill’s single-
sex participation requirements.
 Entitles the bill the “Save Women’s Sports Act.”
*This
analysis was prepared before the report of the House Higher Education Committee appeared in the
House Journal. Note that the legislative history may be incomplete.
May 10, 2023
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Interscholastic and intercollegiate single-sex athletic teams
The bill requires each school that participates in athletic competitions or events
administered by an organization that regulates interscholastic athletic conferences or events to
designate athletic teams based on the sex of participants. Each school must have separate teams
for participants of the female sex within female sports divisions, separate teams for participants
of the male sex within male sports divisions, and if applicable, co-ed teams for participants of
both sexes within co-ed sports divisions.1
The bill also requires each state institution of higher education or private, nonprofit
college or university that is a member of the National Collegiate Athletics Association (NCAA), the
National Association of Intercollegiate Athletics (NAIA), or the National Junior College Athletic
Association (NJCAA) to designate intercollegiate athletic teams and sports based on the sex of
the participants. Like schools, each state institution and private college must have separate teams
for participants of the female sex within female sports divisions, separate teams for participants
of the male sex within male sports divisions, and if applicable, co-ed teams for participants of
both sexes.2
The bill further prohibits a school, interscholastic conference, organization that regulates
interscholastic athletics, state institutions of higher education, and private colleges from
knowingly permitting males from participating on athletic teams or in athletic competitions
designated only for female participants.3 However, the bill clarifies that it does not restrict the
eligibility of any student to participate on any athletic team or in competitions designated as male
or co-ed.4
Civil action authorized
An athletic participant may file a civil action for injunctive relief, damages, and any other
relief available, if the participant is deprived of an athletic opportunity or suffers a direct or
indirect harm as a result of a violation of the bill’s single-sex participation requirements. Similarly,
a participant may file a civil action for retaliatory or other adverse action for reporting such a
violation. A suit may be filed against a school, school district, interscholastic conference,
organization that regulates interscholastic athletics, or college or university.5
Furthermore, state agencies and political subdivisions, accrediting organizations, and
athletic associations that operate or have business activities in Ohio are prohibited from
1 R.C. 3313.5319(A).
2 R.C. 3345.562(B).
3 R.C. 3313.5319(B) and 3345.562(C).
4 R.C. 3313.5319(C) and 3345.562(D).
5 R.C. 3313.5319(E) and 3345.562(F).
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processing a complaint, beginning an investigation, or taking any other adverse action against a
school, school district, or college or university for complying with the bill’s single-sex participation
requirements.6 Therefore, a school, school district, or college or university that suffers any direct
or indirect harm as a result of a violation of this prohibition also may file a civil action against the
entity that takes the retaliatory or other adverse action.7
The bill specifies that plaintiffs who prevail on such claims are entitled to monetary
damages, including for any psychological, emotional, or physical harm suffered, reasonable
attorney’s fees and costs, and any other appropriate relief.8
Statute of limitations
The bill requires that any civil action brought as a result of a violation of the bill’s single-sex
participation requirements must be initiated within two years after the date on which the
violation occurs.9
Background
OHSAA – generally
Ohio law authorizes school districts to implement athletic programs and addresses some
aspects of interscholastic athletics, such as the participation of nonenrolled students in district
athletic programs and protocols and safeguards for sports-related head injuries. Nevertheless,
interscholastic athletics are regulated largely by schools and school districts and the private Ohio
High School Athletics Association (OHSAA). The OHSAA regulates and administers interscholastic
athletics through its constitution and bylaws, which by their own terms must be in compliance
with Ohio law.
For more on the regulation of interscholastic athletics in Ohio, see the LSC Members Brief
on Interscholastic Athletics under “General Reference” and then “Publications” at
https://www.lsc.ohio.gov/.10
OHSAA transgender athlete policy
In December 2018, the OHSAA released a policy statement regarding transgender
student-athlete participation in interscholastic athletics, establishing the process by which
transgender students may participate in events or competition regulated by OHSAA.
First, a transgender student or the parent of a transgender student must contact the
student’s school administrator or athletic director indicating that the student has a consistent
gender identity different than the gender assigned at birth, listed on the student’s school
6 R.C. 3313.5319(D) and 3345.562(E).
7 R.C. 3313.5319(E) and 3345.562(F).
8 R.C. 3313.5319(F) and 3345.562(G).
9 R.C. 3313.5319(F) and 3345.562(G).
10 LSC Interscholastic Athletics Members Brief available at: www.lsc.state.oh.us.
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registration records or as listed on the state birth record, and that the student desires to
participate in activities in a manner consistent with the student’s gender identity.
Upon receipt of the notice from the student or the parent, the administrator or director
must notify the OHSAA Executive Director’s Office in writing of the student’s interest in
participating in interscholastic athletics. The Executive Director’s Office then must take one of
the following actions:
1. A transgender female, whose sex at birth was male but who self-identifies and lives as a
female, who is taking medically prescribed hormone treatment related to gender
transition may participate on a boys’ team at any time. Before a transgender female can
participate in a girls’ sport or on a girls’ team, however, the student must either (a) have
completed at least one year of hormone treatment related to gender transition or (b)
demonstrate to the Executive Director’s Office with sound medical evidence that the
student does not possess physical or physiological advantages over genetic females of the
same age group.
2. A transgender male, whose sex at birth was female but who self-identifies and lives as a
male, who has not yet begun medically prescribed testosterone treatment for purposes
of gender transition may participate on a boys’ team. Before a transgender male can
participate in a boys’ sport or on a boys’ team, however, the student must submit medical
evidence to the Executive Director’s Office that (a) the muscle mass developed as a result
of testosterone treatment does not exceed the muscle mass that is typical of an
adolescent genetic male, (b) the student has not started any hormone treatment (or that
the treatment does not cause hormone levels to exceed normal levels), and (c) the
student’s hormone levels are monitored by a licensed physician every three-to-six
months.
If a transgender student-athlete is undergoing hormone treatment for gender transition,
the treatment must be monitored by a physician, and the Executive Director’s Office must receive
regular reports about the student-athlete’s eligibility according to OHSAA guidelines.
Should any questions arise about whether a transgender student-athlete’s request to
participate in a sports activity consistent with the student-athlete’s gender identity is “bona fide,”
the student-athlete may seek review of eligibility for participation through an appeals procedure.
The first level of review is before the Gender Identity Eligibility Committee. The student-athlete
must provide the Committee with current transcripts and school registration information,
documentation of the student’s consistent gender identification, and any other pertinent
documentation or information. The Committee must apply the same standard of review as
utilized in all other eligibility appeals and must notify the parties in writing within 48 hours after
reaching a decision.11
11 OHSAA Transgender Student Policy available at: www.ohsaa.org.
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Intercollegiate athletics transgender policies
On January 19, 2023, the NCAA updated their policy for athletic participation by
transgender student-athletes. Per the NCAA Transgender Student-Athlete Participation Policy,
the policy aligns with policies for the Olympics and
calls for transgender student-athlete participation for each sport to
be determined by the policy for the national governing body of that
sport. If there is no NGB policy for a sport, it would then be
determined by the policy for that sport’s international federation.
If there is no international federation policy, it would be
determined by policy criteria previously established by the
International Olympic Committee. Sport-specific polices are
subject to ongoing review and recommendation by the NCAA
Committee on Competitive Safeguards and Medical Aspects of
Sports to the Board of Governors.12
The policy began its three-year phase-in on August 1, 2022, and will be fully implemented
on August 1, 2024.
HISTORY
Action Date
Introduced 02-15-23
Reported, H. Higher Education ---
ANHB0006RH-135/ts
12 NCAA Transgender Student-Athlete Participation Policy, available at: www.ncaa.org.
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