§ 21-25-204 — Eligibility for interscholastic activities

(a) Notwithstanding any state board rule or policy of an
athletic association, and except as provided in subsections (b)
and (c) of this section:
(i) Once a student has obtained the eligibility
approval of the commission under subsection (d) of this section,
the student may participate in a gender-designated
interscholastic activity that does not correspond with the sex
designation on the student's birth certificate; or
(ii) If a student does not obtain the eligibility
approval of the commission under subsection (d) of this section,
the student shall not participate in a gender-designated
interscholastic activity that does not correspond with the sex
designation on the student's birth certificate.
(b) A student who has undergone or is undergoing a gender
transition shall obtain the eligibility approval of the
commission under subsection (d) of this section before
participating in a gender-designated interscholastic activity
that does not correspond with the student's biological sex.
(c) Nothing in this subsection prohibits a student from
participating in a gender-designated interscholastic activity in
accordance with 34 C.F.R. 106.41(b) as of December 31, 2022.
(d) When a student registers to participate in a gender-
designated interscholastic activity:
(i) A student who has undergone or is undergoing a
gender transition shall notify the athletic association of the
student's transition and the need for the commission's
eligibility approval as described in subsection (b) of this
section;
(ii) The athletic association shall notify the
commission of a student for whom an eligibility determination of
the commission is required due to the sex designation on the
student's birth certificate not corresponding with the gender-
designation of the gender-designated interscholastic activity in
which the student seeks to participate or the student's notice
of a gender transition under paragraph (a)(ii) of this section;
(iii) The commission shall notify the student
described in paragraphs (i) and (ii) of this subsection
regarding the process for determining the student's eligibility
for the activity under this section.
(e) The commission shall:
(i) Schedule a closed meeting to consider a student's
eligibility to be held within thirty (30) days after the day on
which the commission receives the notification described in
subsection (d) of this section; and
(ii) Notify the relevant athletic association and the
student's parents or legal guardians of the scheduled meeting.
(f) Before the meeting described in subsection (e) of this
section:
(i) The student for whom the commission has scheduled
the meeting or the student's parent or guardian may submit to
the commission any information the student wishes to disclose to
the commission that may be relevant to the commission's
eligibility determination, including information regarding:
(A) The gender-designated interscholastic
activities for which the student seeks eligibility;
(B) The gender-designated interscholastic
activities in which the student has previously participated; and
(C) The student's physical characteristics or
medical treatments that support the student's eligibility for
the specific gender-designated interscholastic activity.
(ii) The commission may request additional evidence
from the student that is:
(A) Limited to the extent possible to protect
the student's privacy; and
(B) Only directly relevant to the commission's
eligibility determination.
(iii) The commission shall cover the cost of a
diagnostic assessment if the commission makes a request for
medical information under paragraph (ii) of this subsection for
which the student's insurance does not provide coverage or
reimbursement for the diagnostic that:
(A) Would provide the requested information; and
(B) Is not free or otherwise readily available
without additional expense to the student.
(g) During the meeting described in subsection (e) of this
section:
(i) Only the following persons may be present or
participate electronically:
(A) The student for whom the commission is
meeting to make an eligibility determination;
(B) The student's parents or guardians;
(C) The members and necessary staff of the
commission; and
(D) Any medical professionals or other witnesses
the student chooses to include to support the student's
eligibility.
(ii) Attendees may participate in person or
electronically;
(iii) The commission shall:
(A) Hear the information that supports the
student's eligibility;
(B) Render the commission's eligibility
determination in accordance with subsection (h) of this section
or request additional information and schedule an additional
commission meeting to be held within thirty (30) days of the
meeting and in accordance with this subsection to discuss the
additional information and render the commission's eligibility
determination.
(h) In making an eligibility determination the commission
shall:
(i) Make a determination regarding whether, when
measured against the eligibility criteria established by rule of
the commission, granting the student's eligibility would:
(A) Present a substantial safety risk to the
student or others that is significantly greater than the
inherent risks of the given activity; or
(B) Likely give the student a material
competitive advantage when compared to students of the same age
competing in the relevant gender-designated activity, including
consideration of the student's previous history of participation
in gender-designated interscholastic activities.
(ii) Record the commission's decision and rationale
in writing and provide the written decision to the student
within thirty (30) days after the day on which the commission
renders an eligibility decision.
(j) Notwithstanding any other provision of law and except
as provided in subsections (h) and (k) of this section, the
commission shall not disclose:
(i) The name of a student whose eligibility the
commission will consider, is considering, or has considered;
(ii) The commission's determination regarding a
student's eligibility.
(k) The commission shall disclose the commission's
determination of a student's eligibility for a given gender-
designated interscholastic activity to the relevant athletic
association, only for the purpose of confirming whether the
student is eligible for the interscholastic activity.
(m) Notwithstanding any other provision of law, no
athletic association shall disclose the information described in
paragraphs (j)(i) and (ii) of this section.
(n) Nothing in subsections (k) or (m) of this section
prohibits an athletic association from affirming that a student
is eligible if the eligibility of a student is questioned.