§ 261I.2 — Extracurricular athletics — eligibility — cause of action

Iowa § 261I.2

• Jurisdiction: Iowa
• Title VII: EDUCATION, HISTORY, AND CULTURE
• Ch. 261I: EXTRACURRICULAR ATHLETICS ELIGIBILITY

Text

1. a. An interscholastic athletic team, sport, or athletic event that is sponsored or
sanctioned by an educational institution or organization must be designated as one of the
following, based on the sex at birth of the participating students:
(1) Females, women, or girls.
(2) Males, men, or boys.
(3) Coeducational or mixed.
b. Only female students, based on their sex, may participate in any team, sport, or athletic
event designated as being for females, women, or girls.
c. Protections pursuant to chapter 669 or chapter 670 shall not apply to an educational
institution or an employee of an educational institution that does not comply with the
requirements of this section.
2. a. If a student suffers direct or indirect harm as a result of a violation of subsection 1,
thatstudenthasaprivatecauseofactionforinjunctive,mandamus,damages,anddeclaratory
relief against the entity that violated subsection 1.
b. If a student is subjected to retaliation or other adverse action by an educational
institution or organization as a result of reporting a violation of subsection 1 to an employee
or representative of the educational institution, organization, or to a state or federal
governmental entity having oversight authority, that student has a private cause of action for
injunctive, mandamus, damages, and declaratory relief, against the educational institution
or organization. In addition, a governmental entity shall not investigate a complaint or take
any adverse action against an educational institution or organization, or any employee of a
board of directors of a school district, the authorities in charge of an accredited nonpublic
school or nonpublic institution of higher education, the board of directors of a merged area,
or the board of regents for compliance with subsection 1.
3. If an educational institution or organization suffers any direct or indirect harm as a
result of a violation of subsection 1, that educational institution or organization has a private
cause of action for injunctive, mandamus, damages, and declaratory relief against the entity
that violated subsection 1.
4. a. A governmental entity, educational institution, or organization shall not be liable to
any student for complying with subsection 1.
§261I.2, EXTRACURRICULAR ATHLETICS ELIGIBILITY 2
b. A civil action under subsection 2 or 3 must be initiated within two years from the date
the alleged harm occurred.
c. Anypartyprevailingonaclaimbroughtundersubsection2or3isentitledtoreasonable
attorney fees and costs.
5. a. For any lawsuit brought or any complaint filed against an educational institution
or organization, or an employee, a member of the board of directors of a school district, a
member of the authorities in charge of a nonpublic school or nonpublic institution of higher
education, a member of the board of directors of a merged area, or a member of the board of
regents as a result of compliance with subsection 1, the attorney general shall provide legal
representation at no cost to that entity or individual.
b. In addition to the expenses of representation, the state shall assume financial
responsibility for any other expense related to the lawsuit or complaint and incurred by an
educational institution or organization, or an employee, a member of the board of directors
of a school district, a member of the authorities in charge of a nonpublic school or nonpublic
institution of higher education, a member of the board of directors of a merged area, or a
member of the board of regents including any award for attorney fees and costs for which
that entity or individual would be otherwise responsible.