Bill Summary – FastDemocracy

H.B. 574
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                              Apr 5, 2023
                                      SESSION 2023                                      HOUSE PRINCIPAL CLERK
     H                                                                                                 D
                                   HOUSE BILL DRH50034-NH-86C
     Short Title:   Fairness in Women's Sports Act.                                              (Public)
     Sponsors:      Representative Balkcom.
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT TO PROTECT OPPORTUNITIES FOR WOMEN AND GIRLS IN ATHLETICS.
 The General Assembly of North Carolina enacts:
           SECTION 1. G.S. 115C-12(23) is amended by adding the following new
 sub-subdivisions to read:
                   "e.     All teams participating in interscholastic or intramural athletic
                           activities shall comply with the following:
                           1.       Each team shall be expressly designated by the biological sex
                                    of the team participants as one of the following:
                                    I.      Males, men, or boys.
                                    II.     Females, women, or girls.
                                    III.    Coed or mixed.
                           2.       Athletic teams or sports designated for females, women, or
                                    girls shall not be open to students of the male sex.
                           3.       Athletic teams or sports designated for males, men, or boys
                                    shall not be open to students of the female sex unless there is
                                    no comparable female team for a particular sport and the sport
                                    is not a contact sport as defined by 34 C.F.R. § 106.41(b).
                           4.       For purposes of this sub-subdivision, a student's sex shall be
                                    recognized based solely on the student's reproductive biology
                                    and genetics at birth.
                   f.      A student who is deprived of an athletic opportunity or suffers or is
                           likely to suffer from any direct or indirect harm as a result of a
                           violation of sub-subdivision e. of this subdivision may assert that
                           violation as a cause of action for remedies provided for in
                           sub-subdivision i. of this subdivision.
                   g.      A student who is subjected to retaliation or other adverse action by a
                           public school unit, athletic association, or other organization as a result
                           of reporting a violation of sub-subdivision e. of this subdivision to an
                           employee or representative of the public school unit, athletic
                           association, or to any local, State, or federal agency with oversight of
                           the public school unit shall have a cause of action for remedies
                           provided for in sub-subdivision i. of this subdivision.
                   h.      Any public school unit or its representatives or employees who suffer
                           any direct or indirect harm for complying with sub-subdivision e. of
                                   *DRH50034-NH-86C*
     General Assembly Of North Carolina                                                     Session 2023
                              this subdivision shall have a cause of action for remedies provided for
                              in sub-subdivision i. of this subdivision.
                     i.       Any person who brings a cause of action pursuant to sub-subdivisions
                              e. through h. of this subdivision, within two years of the date the harm
                              occurred, may obtain appropriate relief, including the following:
                              1.      Injunctive relief, protective order, writ of mandamus or
                                      prohibition, or declaratory relief to prevent any violation of
                                      sub-subdivision e. of this subdivision.
                              2.      Actual damages, including for psychological, emotional, or
                                      physical harm, reasonable attorney fees, and costs.
                     j.       The State Board of Education shall monitor middle and high schools
                              for compliance with sub-subdivision e. of this subdivision. If the
                              Board finds a school in violation, it shall report the identity of the
                              school to the Joint Legislative Education Oversight Committee."
             SECTION 2. G.S. 115C-218.75 is amended by adding a new subsection to read:
     "(k) Athletic Teams. – A charter school organizing athletic teams for middle or high school
 students to participate in interscholastic or intramural athletic activities shall do so in accordance
 with G.S. 115C-12(23)."
             SECTION 3. G.S. 115C-238.66 is amended by adding a new subdivision to read:
             "(19) Athletic teams. – A regional school organizing athletic teams for middle or
                     high school students to participate in interscholastic or intramural athletic
                     activities shall do so in accordance with G.S. 115C-12(23)."
             SECTION 4. G.S. 116-239.8(b) is amended by adding a new subdivision to read:
             "(22) Athletic teams. – A laboratory school organizing athletic teams for middle or
                     high school students to participate in interscholastic or intramural athletic
                     activities shall do so in accordance with G.S. 115C-12(23)."
             SECTION 5. Article 39 of Chapter 115C of the General Statutes is amended by
 adding a new section to read:
 "§ 115C-567. Athletic teams.
     (a)     Any nonpublic school that is a member of an organization that administers
 interscholastic athletic activities pursuant to Article 29E of this Chapter shall comply with
 G.S. 115C-12(23).
     (b)     Athletic teams organized by nonpublic schools at the middle or high school level that
 are not covered by subsection (a) of this section shall comply with G.S. 115C-12(23) if the team
 is playing a team from any school required to follow G.S. 115C-12(23)."
             SECTION 6. This act is effective when it becomes law and applies beginning with
 the 2023-2024 school year.
     Page 2                                                                         DRH50034-NH-86C
Statutes affected: 
Filed: 115C-12, 115C-218.75, 115C-238.66, 116-239.8
Edition 1: 115C-12, 115C-218.75, 115C-238.66, 116-239.8
Edition 2: 115C-12, 115C-218.75, 115C-238.66, 116-239.8, 115D-5
Edition 3: 115C-12, 115C-218.75, 115C-238.66, 116-239.8, 115D-5
Ratified: 115C-12, 115C-218.75, 115C-238.66, 116-239.8, 115D-5
SL 2023-109: 115C-12, 115C-218.75, 115C-238.66, 116-239.8, 115D-5