SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 208
As Amended by Senate Committee on
Education

Brief*
SB 208, as amended, would create the Fairness in
Women’s Sports Act (Act) and and require
interscholastic,intercollegiate, intramural, or club athletic
teams or sports that are sponsored by public educational
institutions to be designated based on biological sex.

Legislative Findings
The bill would contain findings of the Legislature
regarding the differences between biological males and
females. The findings would further discuss the biological
differences with regard to athletics.

Athletic Team Criteria
The bill would require all interscholastic, intercollegiate,
intramural, and club athletic teams that are sponsored by
public elementary, secondary, and postsecondary institutions
that compete against teams from other public educational
institutions to be expressly designated as one of the
following, based on the biological sex of the team members:
● Males, men, or boys;
● Females, women, or girls; or

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● Coed or mixed.
The bill would further clarify that athletic teams or sports
designated for females, women, or girls shall not be open to
students of the male sex.
[Note: The bill would not exclude students of the female
sex from participating on athletic teams designated for males,
men, or boys.]

Rules and Regulations
The bill would also require the Kansas State High
School Activities Association (KSHSAA), the State Board of
Regents, and the governing bodies for municipal universities,
community colleges, and technical colleges to adopt rules
and regulations for the implementation of the designations of
their athletic teams.

Prohibition of Complaints
The bill would prohibit governmental entities, licensing
organizations, accrediting organizations, or athletic
associations or organizations from taking the following
actions against public educational institutions that maintain
separate teams for students of the female sex:
● Entertaining a complaint;
● Opening an investigation; or
● Taking other adverse actions.


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Resolving Violations
In the event of a violation of the Act, the bill would allow
the following individuals and organizations to file civil suit and
seek relief in the form of monetary damages, reasonable
attorney fees, and other appropriate relief:
● Any student deprived of an athletic opportunity or
who suffers direct or indirect harm by a violation of
the Act;
● Any student subjected to retaliation or other
adverse action by a public educational institution or
athletic association for reporting a violation of the
Act; or
● Any public education institution that suffers direct
or indirect harm as a result of a violation of the Act.
The bill would require all civil actions to be initiated no
later than two years after the harm occurred.

Severability
The bill would declare all sections of the Act to be
severable in the event one or more sections are determined
to be invalid.

Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator Erickson.

Senate Committee on Education
In the Senate Committee hearing, proponent testimony
was provided by Senator Erickson and Representative Ehardt
of Idaho. Proponent testimony was also provided by
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representatives of the Alliance Defending Freedom,
Concerned Women for America, Family Policy Alliance, Save
Women’s Sports, and the Women’s Liberation Front and by
three private citizens. Written-only proponent testimony was
provided by a representative of the Women’s Human Rights
Campaign and four private citizens. The proponents generally
indicated the bill is necessary to ensure biological females
can fairly participate in athletics due to the distinct
physiological advantages held by biological males over
biological females.
Opponent testimony was provided by Representative
Byers; representatives of Equality Kansas, GLSEN Kansas,
and the Kansas National Education Association; and six
private citizens. Written-only opponent testimony was
provided by Representative Woodard; representatives of the
ACLU of Kansas, the Episcopal Diocese of Kansas, and the
Human Rights Campaign; and 24 private citizens. Opponents
generally indicated the bill would harm transgender children
by excluding them from participating in athletic activities
under the gender they identify as. They also noted there are
no examples of transgender athletes excelling in athletic
competition due to the physiological advantages related to
sex.
Neutral testimony was provided by a representative of
the Kansas Association of School Boards. Written-only
neutral testimony was provided by representatives of the
Kansas State Board of Education. The neutral conferees
generally discussed overall concerns regarding jurisdictional
authority.
The Senate Committee amended the bill to remove
language to establish a mechanism for individuals to
challenge the biological sex of an athlete and the means by
which a student’s biological sex could be proven in response
to such a complaint.


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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Office of the Attorney
General indicates enactment of the bill would likely be
challenged in court and costs incurred for litigation would be
dependent upon the outcomes in court. The Kansas Board of
Regents (Board) indicates the bill would have no fiscal impact
upon its member institutions. However, the Board indicates
that if the bill conflicts with National Collegiate Athletic
Association (NCAA) policies, the state’s ability to host NCAA
events and their associated revenues could be jeopardized.
The Office of Judicial Administration indicates it would
anticipate increased civil cases as a result of the bill, which
would lead to increased revenues and expenditures
associated with the cases.
None of the agencies provided estimates of the fiscal
effects addressed in the fiscal note.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2022 Governor’s Budget Report.
Sports; athletics; education; elementary schools; secondary schools; postsecondary
educational institutions; transgender; sex


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