(1) Notwithstanding any state board rule:

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Terms Used In Utah Code 53G-6-902

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
  • Interscholastic athletic activity: means that a student represents the student's school or LEA in competition against another school or LEA in an athletic or sporting activity. See Utah Code 53G-6-901
  • Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
  • Sex: means the biological, physical condition of being male or female, determined by an individual's genetics and anatomy at birth. See Utah Code 53G-6-901
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) a public school or LEA, or a private school that competes against a public school or LEA, shall expressly designate school athletic activities and teams as one of the following, based on sex:

          (1)(a)(i) designated for students of the male sex;
          (1)(a)(ii) designated for students of the female sex; or
          (1)(a)(iii) “coed” or “mixed”;
     (1)(b) a student of the male sex may not compete, and a public school or LEA may not allow a student of the male sex to compete, with a team designated for students of the female sex in an interscholastic athletic activity; and
     (1)(c) a government entity or licensing or accrediting organization may not entertain a complaint, open an investigation, or take any other adverse action against a school or LEA described in Subsection (1)(a) for maintaining separate school athletic activities for students of the female sex.
(2) Nothing in this section prohibits an LEA or school from allowing a student of either gender from participating with a team designated for students of the female sex, consistent with school policy, outside of competition in an interscholastic athletic activity, in accordance with Subsection (1)(b).