OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 61 Bill Analysis
134th General Assembly
Click here for H.B. 61’s Fiscal Note
Version: As introduced
Primary Sponsors: Reps. Powell and Stoltzfus
Effective Date:
Mitchell Smith, 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.”
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 one single-sex
team for participants of the female sex within female sports divisions, one for participants of
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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. Each state institution and private college must have one single-sex team
for participants of the female sex, one for participants of the male sex, and if applicable, co-ed
teams for participants of both sexes.2
Interscholastic and intercollegiate male participants are prohibited from participating on
athletic teams or in athletic competitions designated only for female participants.3
Verification of a participant’s sex
If an athletic participant’s sex is disputed, the bill requires the participant’s sex to be
established through a signed physician’s statement indicating the participant’s sex based upon
only (1) the participant’s internal and external reproductive anatomy, (2) the participant’s
normal endogenously produced levels of testosterone, and (3) an analysis of the participant’s
genetic makeup.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
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
1 R.C. 3313.5317(A).
2 R.C. 3345.561(B).
3 R.C. 3313.5317(B) and 3345.561(C).
4 R.C. 3313.5317(C) and 3345.561(D).
5 R.C. 3313.5317(E) and 3345.561(F).
6 R.C. 3313.5317(D) and 3345.561(E).
7 R.C. 3313.5317(E) and 3345.561(F).
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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
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:
8 R.C. 3313.5317(F) and 3345.561(G).
9 R.C. 3313.5317(F) and 3345.561(G).
10https://www.lsc.ohio.gov/documents/reference/current/membersonlybriefs/133%20Interscholastic%
20Athletics.pdf.
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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
Intercollegiate athletics transgender policies
In 2011, the NCAA approved a policy for athletic participation by transgender student-
athletes. The policy suggests a collegiate participation policy based on medical treatments
involving the hormone testosterone and recommends participation of transgender student-
athletes undergoing hormonal treatment for gender transition as follows:
1. A transgender male student-athlete who has received a medical exception for treatment
with testosterone for diagnosed Gender Identity Disorder or gender dysphoria and/or
transsexualism, for purposes of NCAA competition, may compete on a men’s team, but
11 https://www.ohsaa.org/Portals/0/Eligibility/OtherEligibiltyDocs/TransgenderPolicy.pdf.
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is no longer eligible to compete on a women’s team without changing that team’s status
to a mixed, or co-ed, team.
2. A transgender female student-athlete being treated with testosterone suppression
medication for Gender Identity Disorder or gender dysphoria and/or transsexualism, for
the purposes of NCAA competition, may continue to compete on a men’s team but may
not compete on a women’s team without changing it to a mixed team until completing
one calendar year of testosterone suppression treatment.
Any transgender student-athlete who is not taking hormone treatment related to
gender transition may participate in sex-separated sports activities in accordance with the
student-athlete’s assigned birth gender.
To avoid challenges to the transgender student-athlete’s participation during a sport
season, the NCAA recommends that the student-athlete who has completed, plans to initiate,
or is in the process of taking hormones as part of a gender transition to submit the request to
participate on a sports team in writing to the school athletic director upon matriculation or
when the decision to undergo hormonal treatment is made. Requests should include a letter
from the student-athlete’s physician documenting the intention to transition or the student-
athlete’s transition status if the process has already been initiated. The letter should identify
the prescribed hormonal treatment for the gender transition and documentation of the
student-athlete’s testosterone, if relevant.
The NCAA also recommends the following for colleges and universities:
1. The school’s athletics director should meet with transgender student-athletes to review
eligibility requirements and procedures for approval of transgender participation;
2. If hormone treatment is involved in a student-athlete’s transition, the director should
notify the NCAA of the request to participate with a medical exception request;
3. To assist in educating and in developing institutional policy and practice, a Transgender
Participation Committee should be established by the school. Members of the
committee should represent a cross-section of institutional staff with student well-being
interests, and include representation from specified departments.
4. All discussion among involved parties and required written supporting documentation
should be kept confidential, unless the student-athlete makes a specific request
otherwise. All information about an individual student’s transgender identity and
medical information must be maintained confidentially.12
12 https://www.ncaa.org/sites/default/files/Transgender_Handbook_2011_Final.pdf.
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HISTORY
Action Date
Introduced 02-03-21
H0061-I-134
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