§ 49-6-310 — Student's gender for purposes of participation in interscholastic activity or event - Policies - Private cause of action

(a) A student's gender for purposes of participation in a public middle school or high school interscholastic athletic activity or event must be determined by the student's sex at the time of the student's birth, as indicated on the student's original birth certificate. If a birth certificate provided by a student pursuant to this subsection (a) does not appear to be the student's original birth certificate or does not indicate the student's sex upon birth, then the student must provide other evidence indicating the student's sex at the time of birth. The student or the student's parent or guardian must pay any costs associated with providing the evidence required under this subsection (a). (b) (1) The state board of education shall promulgate rules to ensure compliance with this section and to establish a procedure for how a portion of the state education finance funds are withheld pursuant to subsection (e). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (2) Each local board of education and each governing body of a public charter school shall adopt and enforce a policy to ensure compliance with subsection (a) and the rules promulgated pursuant to subdivision (b)(1) in the public schools governed by the respective entity. (c) If a public school or public charter school violates a policy adopted under subsection (b) by the school's governing board or body, and the violation deprives a student of an athletic opportunity or causes direct or indirect harm to the student, then the student or the student's parent or legal guardian, if the student is a minor, has a private cause of action for injunctive relief, damages, and any other relief available under law. The student or the student's parent or legal guardian is also entitled to the student's or the student's parent's or legal guardian's reasonable costs and attorney fees. A student or a student's parent or legal guardian has one (1) year from the date of a violation of a policy adopted under subsection (b) to file an action. (d) As used in this section: (1) "High school" means a school in which any combination of grades nine through twelve (9-12) are taught; and (2) "Middle school" means a school in which any combination of grades five through eight (5-8) are taught. (e) This section does not apply to students in any grade kindergarten through four (K-4). (f) The commissioner of education shall withhold a portion of the state education finance funds that an LEA is otherwise eligible to receive if the LEA fails or refuses to comply with the requirements of this section. This subsection (f) does not apply to an LEA that fails or refuses to comply with the requirements of this section in response to a court or other legally binding order that prohibits the LEA from complying.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1005, s 1, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 909, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 909, s 1, eff. 7/1/2022. Added by 2021 Tenn. Acts, ch. 40, s 1, eff. 3/26/2021.