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2024 SESSION

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Senate Committee on Education and Health
Subcommittee Public Education

VanValkenburg (Chair), Locke, Peake, Pekarsky, Craig

Clerk: Hobie Lehman
Staff: Julia Bergamini, Hannah Yates
Date of Meeting: February 1, 2024
Time and Place: 30 minutes after Senate adjourns /Senate Room C, 3rd Floor, GAB
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 37

Patron: McGuire

Sage's Law; minor students experiencing gender incongruence; parental notification of certain expressions and requests and parental permission for certain plans required; parental care. Requires each public elementary or secondary school principal or his designee to (i) as soon as practicable, inform at least one parent of a minor student enrolled in such school if such minor (a) expresses to any individual who is employed in such school that such minor is experiencing gender incongruence, as defined in the bill, or (b) requests that any such employee participate in social affirmation of such minor's gender incongruence or the transition of such minor to a sex or gender different from the minor's biological sex while at school and (ii) request and receive permission from at least one parent of a minor student enrolled at such school prior to the implementation at such school of any plan concerning any gender incongruence experienced by such minor, including any counseling of such minor at school. Any such plan shall include provision for parental participation to the extent requested by the parent. The bill also clarifies, in the definition of the term "abused or neglected child," that in no event shall referring to and raising the child in a manner consistent with the child's biological sex, including related mental health or medical decisions, be considered abuse or neglect.

A BILL to amend and reenact § 63.2-100 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-273.5, relating to minor students experiencing gender incongruence; parental notification of certain expressions and requests and parental permission for certain plans required; parental care.

24101444D

S.B. 68

Patron: Peake

Elementary and secondary schools; athletics; participation in female sports; civil cause of action. Requires each public elementary or secondary school and each private elementary or secondary school that competes in sponsored athletic events against such public schools to designate all interscholastic athletic teams and intramural athletic teams sponsored by such school based on biological sex as follows: (i) for "males," "men," or "boys"; (ii) for "females," "women," or "girls"; or (iii) as "coed" or "mixed" if such team is open to participation by (a) "males," "men," or "boys" and (b) "females," "women," or "girls." The bill prohibits any student whose biological sex is male and who has not physically transitioned to female prior to puberty from participating on any school athletic team or squad designated for "females," "women," or "girls." Finally, the bill creates a civil cause of action for students and schools that suffer harm as a result of a violation of the provisions of the bill, provided that such action is initiated within two years of the harm occurring.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-23.4, relating to elementary and secondary schools; athletics; participation in female sports; civil cause of action.

24100908D

S.B. 75

Patron: Durant

Early childhood care and education; publicly funded providers; exemption from licensure for certain child day programs. Excepts military child care fee assistance or any child care subsidy paid by a branch of the Armed Forces of the United States from the federal funds that would otherwise render a child day program as a "publicly funded provider," as that term is defined and used in relevant law relating to early childhood care and education. The bill also exempts from licensure by the Superintendent of Public Instruction any child day program that (i) serves only dependent children of military personnel and (ii) (a) is located on a military base or federal property or (b) is certified as a family child care provider by a branch of the Armed Forces of the United States and provides that any branch of the Armed Forces of the United States or its agent, including an installation commander of a military base on which a child day program is located, may assume responsibility for approving or determining which children may be served by the program that is so exempted from licensure.

A BILL to amend and reenact §§ 22.1-289.02 and 22.1-289.030 of the Code of Virginia, relating to early childhood care and education; publicly funded providers; exemption from licensure for certain child day programs.

24103164D

S.B. 76

Patron: Durant

Child day centers operated by religious institutions; exemption from licensure by Superintendent of Public Instruction. Exempts fully from the statutory requirement to be licensed by the Superintendent of Public Instruction any child day center that is operated or conducted under the auspices of a religious institution that (i) has tax exempt status as a nonprofit religious institution in accordance with § 501(c) of the Internal Revenue Code of 1954, as amended, or (ii) owns and exclusively occupies real property that is exempt from local taxation. Under current law, such child day centers are exempt from licensure but are still subject to several enumerated requirements. The bill, however, preserves the requirement for such child day centers to conduct background checks for employees and volunteers and prohibits the employment or service at such child day centers of any such individual who has been convicted of any barrier crime as defined in relevant law or who is the subject of a founded complaint of child abuse or neglect.

A BILL to amend and reenact §§ 15.2-741, 15.2-914, 22.1-289.04, 22.1-289.030, 22.1-289.035, 22.1-289.039, 22.1-289.049, 22.1-289.057, and 22.1-289.058 of the Code of Virginia and to repeal § 22.1-289.031 of the Code of Virginia, relating to child day centers operated by religious institutions; exemption from licensure by Superintendent of Public Instruction.

24103207D

S.B. 96

Patron: Stanley


Special education; Parental Behavior Technician Registration and Participation Pilot Program; established. Establishes the Parental Behavior Technician Registration and Participation Pilot Program (the Pilot Program), to be developed and administered by the Board of Education in collaboration with the Department of Health and the Advisory Board on Behavioral Analysis, for the purpose of assisting parents of students with autism spectrum disorder (ASD) with becoming a registered behavior technician (RBT) in order to provide assistance to their children both in the classroom as a volunteer under the supervision of a licensed behavior analyst or other qualified Applied Behavior Analysis (ABA) individual and outside the classroom in the home environment. The bill provides that the Pilot Program shall assist any eligible parent, defined as any parent of a child with ASD who is enrolled in a public school in the Commonwealth and receives special education, by (i) providing assistance, resources, and support to any eligible parent in meeting the requirements to receive an RBT credential and (ii) coordinating with the school board of the school division in which the child of an RBT-credentialed parent is enrolled to set up a volunteer position for the parent to provide assistance as an RBT in his child's special education program under the supervision of a licensed behavior analyst or other qualified ABA individual. The bill provides that funds appropriated for the at-risk add-on or for support services from basic school aid, pursuant to relevant law, may be used to fund the Pilot Program. Finally, the bill requires the Board of Education to report annually to the Governor and the Generally Assembly by October 1 of each year for the duration of the Pilot Program on the progress of the Pilot Program. The provisions of the bill expire on July 1, 2027.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-215.3, relating to special education; Parental Behavior Technician Registration and Participation Pilot Program; established.

24102048D

S.B. 142

Patron: Ruff

Public school teachers; licensure requirements; one-year local eligibility license; alternate routes and flexibility; report. Requires the Board of Education to include in its teacher licensure regulations provisions authorizing each school board to, upon recommendation of the division superintendent and in accordance with the criteria set forth in the bill, issue a one-year local eligibility license that is only valid within the issuing school division and renewable for no more than one additional year to any individual who (i) received a baccalaureate degree from a regionally accredited institution of higher education, (ii) has experience or training in a subject or content area as the school board and division superintendent may deem appropriate for the applicable teaching position or endorsement area, and (iii) is not seeking to provide instruction in special education or eligible for collegiate professional or postgraduate professional licensure. The bill establishes several requirements, criteria, and conditions relating to a local eligibility license, including criteria and requirements relating to probationary terms of employment, eligibility for receiving a collegiate professional or postgraduate professional license after the expiration of the one-year eligibility license, and conditions that must be met before attaining continuing contract status. Finally, the bill requires the Board of Education to convene a work group to make recommendations on revising teacher licensure requirements to increase flexibility in licensure requirements and alternate routes to licensure and improve teacher recruitment and retention. The work group is required to submit a report on such recommendations to the Governor, the Senate Committee on Education and Health, and the House Committee on Education by November 1, 2024.

A BILL to amend and reenact §§ 22.1-298.1, as it shall become effective, 22.1-299, and 22.1-303 of the Code of Virginia, relating to public school teachers; licensure requirements; one-year local eligibility license; alternate routes and flexibility; report.

24103530D

S.B. 220

Patron: Favola


Special education and related services; definitions; records retention; duties of Department of Education; parent engagement specialists; professional development; education preparation program coursework. Makes several changes relating to special education and related services for children with disabilities in public elementary and secondary schools in the Commonwealth, including (i) establishing a definition for "individualized education program" or "IEP"; (ii) requiring, after a child with a disability graduates from, ages out of, or otherwise leaves any public elementary or secondary school in the Commonwealth, such school to retain the special education records of such child for at least 75 years; (iii) requiring each local school board to (a) provide high-quality professional development in instructional practices to support specially designed instruction in inclusive settings, as that term is defined in the bill, for certain teachers and administrators employed in the local school division and (b) employ at least one full-time equivalent special education parent engagement specialist to serve as a resource to parents to understand and engage in the referral, evaluation, and eligibility process if they suspect that their child has a disability and to understand and engage in the IEP process; (iv) requiring the Department of Education, among other things, to (a) establish eight regional special education parent support centers that are each staffed by a regional special education parent ombudsman and coordinate with such division special education parent engagement specialists employed by each local school board; (b) elevate the position of State Parent Ombudsman for Special Education to perform certain functions, including systematically tracking and reporting questions and concerns raised by parents to the Superintendent of Public Instruction and coordinating the activities of such regional special education parent support centers; and (c) develop, establish, review and update as necessary at least once every five years, make available to each local school board an IEP writing, facilitation, tracking, and transfer system to be referred to as the Virginia IEP; and (v) requiring each education preparation program offered by a public institution of higher education or private institution of higher education or alternative certification program that provides training for any student seeking initial licensure by the Board of Education with certain endorsements to include a program of coursework and require all such students to demonstrate mastery in instructional practices to support specially designed instruction in inclusive settings.

A BILL to amend and reenact §§ 22.1-213, 22.1-214.4, 22.1-253.13:2, as it shall become effective, 22.1-253.13:4, 22.1-253.13:5, as it shall become effective, 22.1-289, and 23.1-902.1, as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-214.5, relating to special education and related services; definitions; records retention; duties of Department of Education; parent engagement specialists; professional development; education preparation program coursework.

24104579D

S.B. 352

Patron: Peake


Teachers; certain licenses and certificates. Makes several changes to provisions of law relating to the licensure and certification of teachers, including (i) establishing universal licensure by reciprocity as a category of teacher licensure in the Commonwealth for certain licensed out-of-state teachers, regardless of the traditional or alternative nature of the education preparation programs that they completed; (ii) establishing and enumerating the criteria for a subject matter expert teaching certificate to provide high-quality teaching candidates who have relevant work experience or expertise in a content or subject matter area an accelerated path toward a renewable license; (iii) permitting the division superintendent rather than the Board of Education, as is current law, to issue a career and technical education teacher a provisional license to allow time for the teacher to attain the industry certification credential required by law; (iv) permitting any high school principal to waive, for any individual whom he seeks to employ as a career and technical education teacher and who is also seeking initial licensure or renewal of a license with an endorsement in the area of career and technical education, certain applicable licensure requirements; and (v) permitting any division superintendent to directly waive, rather than apply to the Department of Education for a biennial waiver as is required under current law, the teacher licensure requirements for any individual whom the local school board hires or seeks to hire to teach in a trade and industrial education program who has obtained or is working toward an industry credential relating to the program area and who has at least 4,000 hours of recent and relevant employment experience.

A BILL to amend and reenact §§ 22.1-298.1, as it shall become effective, and 22.1-299.5 of the Code of Virginia, relating to teachers; certain licenses and certificates.

24104685D

S.B. 420

Patron: Head


Virginia School for the Deaf and the Blind Board of Visitors; membership; powers and duties; meetings. Expands the total membership of the Board of Visitors of the Virginia School for the Deaf and the Blind from 11 to 15 members by increasing the number of nonlegislative citizen members from seven to 11. The bill provides that of the 11 nonlegislative citizen members, two shall be parents of current students at the Virginia School for the Deaf and the Blind, of whom (i) one is the parent of a student who is deaf or hard of hearing and one is the parent of a student who is vision impaired and (ii) one represents the Eastern region of the Commonwealth and one represents the Western region of the Commonwealth; two shall be representatives of the Virginia School for the Deaf and the Blind Alumni Association who are deaf or hard of hearing; and two shall be representatives of the Alumni Association who are vision impaired. Under current law, the requirements for the parent representatives are less specific and there is only one representative of the Alumni Association. The bill also amends the powers and duties of the Board of Visitors to include supervising the superintendent, other officers, and the faculty of the school. The bill provides that, in accordance with the Virginia Freedom of Information Act, any notice of a meeting of the Board of Visitors shall state whether public comment will be received and, if so, the approximate point at which it will be received. The bill requires that at each meeting at which public comment will be received each interested individual is allotted three minutes to speak and prohibits limiting that allotted time without adequate notice prior to the date of the meeting. Finally, the bill defines the terms "deaf," "hard of hearing," and "vision impaired."

A BILL to amend and reenact § 22.1-346.2 of the Code of Virginia, relating to the Virginia School for the Deaf and the Blind Board of Visitors; membership; powers and duties; meetings.

24104743D

S.B. 433

Patron: Suetterlein

Board of Education; develop and adopt policies relating to supporting Students with Limited and/or Interrupted Formal Education (SLIFE). Directs the Board of Education to develop and adopt policies relating to supporting Students with Limited and/or Interrupted Formal Education (SLIFE students) in staying in and graduating from, or otherwise completing, high school in the Commonwealth and to develop formulas for calculating high school drop-out rates and graduation rates in the Commonwealth that do not include any SLIFE student who dropped out if such student had not yet been enrolled in a public high school in the Commonwealth for at least four semesters.

A BILL to direct the Board of Education to develop and adopt policies relating to supporting Students with Limited and/or Interrupted Formal Education (SLIFE) in staying in and graduating from high school.

24105034D

S.B. 434

Patron: Suetterlein

Public schools; instructional time. Makes several changes relating to student instructional time in public elementary and secondary schools, including (i) defining "instructional hour" for the purpose of minimum annual instructional hour requirements; (ii) establishing several provisions and requirements relating to the enrollment of part-time students in public elementary and secondary schools; (iii) requiring the Board of Education to adopt rules for approving alternative programs for which course credit may be granted for the purpose of satisfying high school graduation requirements to any student who completes such course and masters the course content by demonstrating at least 80 percent of the competencies required by course standards, regardless of time, place, or pace; and (iv) permitting school boards that govern school divisions of innovation to adopt instructional time models that allow students to personalize the pace of learning and accelerate their learning based on the mastery of course content by demonstrating at least 80 percent of the competencies required by course standards, regardless of time, place, or pace.

A BILL to amend and reenact §§ 22.1-2.1, 22.1-200.2, 22.1-207.8, 22.1-212.28, 22.1-212.29, and 23.1-905.1 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 22.1-200.3 and by adding in Article 1.5 of Chapter 13 of Title 22.1 a section numbered 22.1-212.33; and to repeal §§ 22.1-212.30, 22.1-212.31, and 22.1-212.32 of the Code of Virginia, relating to public schools; instructional time.

24104373D

S.B. 435

Patron: Suetterlein

Board of Education; through-year growth assessment system; alternatives during 2024-2025 school year. Requires the Board of Education to permit school boards to administer, during the 2024-2025 school year, assessments as alternatives to the through-year growth assessment system established by the Board, provided that any such alternative assessment is aligned to the Standards of Learning.

A BILL to permit certain student assessment flexibility for the 2024–2025 school year.

24103574D

S.B. 440

Patron: Durant

Employment of school protection officers in public schools. Permits any local law-enforcement agency to employ in any public elementary or secondary school in the local school division, pursuant to an agreement with the local school board, a school protection officer, defined in the bill as a retired law-enforcement officer hired by the local law-enforcement agency on a part-time basis to provide limited law-enforcement and security services to public elementary and secondary schools in the Commonwealth. The bill requires each such school board and local law-enforcement agency to enter into a memorandum of understanding that sets forth the powers and duties of school protection officers. The bill requires the Department of Criminal Justice Services to establish compulsory training standards for school protection officers and requires the collection of certain data relating to the activities of such officers.

A BILL to amend and reenact §§ 9.1-101, as it is currently effective and as it shall become effective, 9.1-102, 9.1-114.1, 9.1-184, 22.1-279.10, and 22.1-280.2:3 of the Code of Virginia, relating to employment of school protection officers in public schools.

24100233D

S.B. 441

Patron: Durant

School boards; teachers; terms of employment; employment verification; requirement. Requires each school board to provide written verification of employment within 10 days of receipt of any request for employment verification from a former employee of the school board.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-296.5, relating to school boards; teachers; terms of employment; employment verification; requirement.

24103960D

S.B. 468

Patron: Obenshain

Certain school divisions; cost-savings agreements; requirements. Removes the limitation on any school board that enters into certain cost-savings agreements with a school board that governs a contiguous school division for the consolidation or sharing of educational, administrative, or support services and thus qualifies for adjustment of state share of basic aid computed annually on the basis of the composite index of local ability-to-pay of such contiguous school division that caps such adjusted basic aid payment at an amount equal to the basic aid payment appropriated to such locality by the 2007 Session of the General Assembly. The bill also permits, notwithstanding the requirement set forth in relevant law that a school division has 65 percent or more of its local taxes coming from real estate taxes in order for the school board that governs such school division to be eligible to enter into such cost-savings agreements with a contiguous school division, the Bath County School Board to enter into such cost-savings agreements with the Augusta County School Board, provided that all other conditions and limitations set forth in relevant law apply to any such agreement.

A BILL to amend and reenact the third enactment of Chapter 589 of the Acts of Assembly of 2008 and to permit the Bath County School Board and the Augusta County School Board to enter into certain cost-savings agreements.

24103064D

S.B. 552

Patron: Peake

Public schools; open school enrollment policies and guidance. Requires the Board of Education to develop and make available to each school board by August 1, 2024, model policies and guidance relating to open school enrollment detailing certain conditions, limitations, and procedures relating to the open enrollment process and nonresident students, defined as any student who is enrolled in a school within such student's school division but outside of the attendance area in which he resides pursuant to an open enrollment policy. The bill requires each school board to establish and implement policies to provide for open enrollment in accordance with the model policies and guidelines developed by the Board. Current law permits, but does not require, each school board to establish and implement policies providing for open enrollment.

A BILL to amend and reenact §§ 22.1-5, 22.1-7.1, and 22.1-7.2 of the Code of Virginia, relating to public schools; open school enrollment policies and guidance.

24103267D

S.B. 563

Patron: Hackworth

Public education; dual enrollment and concurrent enrollment; high school graduation. Makes several changes relating to graduation from a public high school in the Commonwealth, including (i) eliminating the requirement for a student to complete one virtual course in order to graduate from high school and (ii) specifying that various options and requirements relating to earning career and technical education credentials for the purpose of satisfying high school graduation requirements are required to be high-demand career and technical education credentials. The bill also defines and thereby distinguishes the concepts of dual enrollment and concurrent enrollment in the context of high school students' participation in college-level coursework and requires the agreements for postsecondary attainment between school boards and comprehensive community colleges to specify the credit available for dual enrollment and concurrent enrollment courses.

A BILL to amend and reenact §§ 22.1-1, 22.1-206.3, and 22.1-253.13:1, as they shall become effective, 22.1-253.13:3, 22.1-253.13:4, 23.1-100, 23.1-301, 23.1-506, 23.1-509, 23.1-905.1, 23.1-907, 23.1-908, 23.1-1002, 23.1-2904, and 23.1-2906.1 of the Code of Virginia, relating to public education; dual enrollment and concurrent enrollment; high school graduation.

24104494D

S.B. 586

Patron: Pekarsky

Public elementary and secondary schools; student discipline; evidence-based restorative disciplinary practices. Prohibits, except in certain cases involving firearms, drugs, adjudications of delinquency, or convictions of certain crimes, any public elementary or secondary school student from being suspended, expelled, or excluded from attendance at school without consideration of first implementing at least one evidence-based restorative disciplinary practice such as community conferencing, community service, mentoring, a peer jury, peer mediation, positive behavioral interventions and supports, a restorative circle, or the Virginia Tiered Systems of Supports.

A BILL to amend and reenact §§ 22.1-276.01, 22.1-277, and 22.1-279.6 of the Code of Virginia, relating to public elementary and secondary schools; student discipline; evidence-based restorative disciplinary practices.

24103157D

S.B. 619

Patron: Pillion

Public elementary and secondary schools; compulsory attendance policies and procedures; educational neglect defined. Revises the policies and procedures relating to addressing the nonattendance or nonenrollment of a child subject to compulsory education requirements by expanding the definition of "abused or neglected child" to include educational neglect and, therefore, requiring any teacher, attendance officer, or other person employed by such child's school, to report such neglect to the appropriate authority in accordance with pertinent law. The bill defines "educational neglect" as the failure or refusal to provide necessary education for a child who is subject to compulsory attendance in accordance with relevant law and is enrolled in a public school and has missed 10 percent or more of the academic year, including by (i) causing or allowing the child to become chronically absent, defined as any student who has missed 10 percent or more of the academic year for any reason, including excused and unexcused absences, or (ii) failing or refusing to enroll a child in any school who is not otherwise exempt from school attendance if (a) such failure or refusal to enroll continues after the school notifies and institutes proceedings against the parent and (b) the time elapsed between the institution of proceedings and the continued noncompliance to date exceeds 10 percent of the academic year.

A BILL to amend and reenact §§ 16.1-228, 22.1-258, 22.1-261, 22.1-262, and 22.1-267 of the Code of Virginia, relating to public elementary and secondary schools; compulsory attendance policies and procedures; educational neglect defined.

24104624D

S.B. 627

Patron: Lucas

Department of Education and Virginia Community College System; College and Career Ready Virginia Program and Fund established. Establishes the College and Career Ready Virginia Fund and requires the Department of Education and the Virginia Community College System to establish the College and Career Ready Virginia Program whereby each school board is required to offer each qualified high school student in the local school division access at the high school to the dual enrollment courses that are sufficient to complete the Passport Program and the former Uniform Certificate of General Studies Program, renamed in the bill as the Passport Plus Program, at a public institution of higher education at no cost to such students. The bill establishes several enumerated duties for the Department and the System in the administration of the College and Career Ready Virginia Program, including the establishment of a work group to make recommendations no later than November 1, 2024, on the incorporation of a career and technical education program of coursework into the College and Career Ready Virginia Program.

A BILL to amend and reenact §§ 22.1-1, 22.1-206.3, and 22.1-253.13:1, as they shall become effective, 23.1-100, 23.1-203, 23.1-905.1, 23.1-907, 23.1-908, 23.1-2904, and 23.1-3137 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 22.1 an article numbered 5.1, consisting of sections numbered 22.1-237.1 through 22.1-237.5, relating to Department of Education and Virginia Community College System; College and Career Ready Virginia Program and Fund established.

24103037D

S.B. 702

Patron: Subramanyam

Early childhood care and education; publicly funded providers; exemption from licensure for certain child day programs. Excepts military child care fee assistance or any child care subsidy paid by a branch of the Armed Forces of the United States from the federal funds that would otherwise render a child day program as a "publicly funded provider," as that term is defined and used in relevant law relating to early childhood care and education. The bill also exempts from licensure by the Superintendent of Public Instruction any child day program that (i) serves only dependent children of military personnel and (ii) (a) is located on a military base or federal property or (b) is certified as a family child care provider by a branch of the Armed Forces of the United States and provides that any branch of the Armed Forces of the United States or its agent, including an installation commander of a military base on which a child day program is located, may assume responsibility for approving or determining which children may be served by the program that is so exempted from licensure.

A BILL to amend and reenact §§ 22.1-289.02 and 22.1-289.030 of the Code of Virginia, relating to early childhood care and education; publicly funded providers; exemption from licensure for certain child day programs.

24103968D

S.B. 707

Patron: Subramanyam

Public middle schools and high schools; student organizations; career and technical education organizations permitted. Permits each public middle school and high school to establish career and technical education student organizations, regardless of whether such school offers career and technical education courses.

A BILL to amend and reenact § 22.1-227.1 of the Code of Virginia, relating to public middle schools and high schools; student organizations; career and technical education organizations permitted.

24104546D

S.B. 723

Patron: Mulchi


K-12 schools and institutions of higher education; student participation in women's sports; civil cause of action. Requires each interscholastic, intercollegiate, intramural, or club athletic team or sport sponsored by a public school, or any other school that is a member of the Virginia High School League, or by a public institution of higher education to be expressly designated as one of the following based on the biological sex of the students who participate on the team or in the sport: (i) males, men, or boys; (ii) females, women, or girls; or (iii) coed or mixed if participation on such team or sport is open to both males and females. The bill prohibits any such team or sport that is expressly designated for females from being open to students whose biological sex is male. The bill also provides that in the event of a dispute as to the biological sex of any student seeking to participate on any interscholastic, intercollegiate, intramural, or club athletic team or sport that is expressly designated for males or females, such student may establish biological sex by presenting to the school or institution a signed physician's statement that attests to such student's biological sex based solely on (a) the student's internal and external reproductive anatomy; (b) the student's normal endogenously produced levels of testosterone; and (c) an analysis of the student's genetic makeup.

The bill prohibits any government entity, licensing or accrediting organization, or athletic association or organization from entertaining a complaint, opening an investigation, or taking any other adverse action against any such school or institution of higher education based on a violation of the provisions of the bill and creates a cause of action for any school or institution of higher education that suffers harm as a result of a violation of the bill. Finally, the bill creates a civil cause of action for any student who suffers harm as a result of a knowing violation of a provision of the bill by a school or institution or as a result of the student's reporting a violation of a provision of the bill by a school, institution, athletic association, or organization.

A BILL to amend the Code of Virginia by adding sections numbered 22.1-271.9 and 23.1-408.2, relating to K-12 schools and institutions of higher education; student participation in women's sports; civil cause of action.

24105073D