HB4066 would amend Michigan’s Revised School Code to require school districts, intermediate school districts, and public school academies that participate in interscholastic athletics to designate teams and sports as female, male, or coeducational. It would prohibit schools from knowingly allowing students of the male sex to compete on teams designated for the female sex, while preserving eligibility for male-designated or mixed teams. The bill defines “sex” as the biological indication of male or female shown on an individual’s original birth certificate.
The bill also limits outside enforcement actions by state agencies, political subdivisions, accrediting organizations, and interscholastic athletic associations. Those entities would be barred from processing complaints, opening investigations, or taking adverse action against schools for maintaining separate single-sex girls’ teams. In addition, the bill creates private rights of action for students who are harmed by a violation, for students who face retaliation after reporting a violation, and for school districts harmed by a prohibited enforcement action. Any lawsuit would have to be filed within two years of the alleged violation.
Impact
HB4066 would add a new section to the Revised School Code and directly regulate how public school athletic teams are classified and administered in Michigan. It would affect school districts, intermediate school districts, and public school academies that offer interscholastic sports, and it would also constrain the role of state agencies, accrediting bodies, and athletic associations in policing sex-segregated girls’ athletics. The bill would create new civil liability exposure and enforcement mechanisms, including damages and injunctive relief, for both schools and individuals depending on the nature of the alleged violation.
Sentiment
The available voting history suggests the bill was supported by a majority but remained contested. It was reported from committee on a narrow 3-2 vote, indicating division at the committee level, and then passed the House on third reading 58-46, showing a closer floor vote than many broadly supported education measures. No committee transcript is available, but the vote pattern indicates substantial support from proponents and significant opposition from opponents.
Contention
The main point of contention is the bill’s treatment of sex-based eligibility in school sports, especially the exclusion of students of the male sex from female-designated teams and the bill’s definition of sex by original birth certificate. Supporters are likely focused on preserving single-sex girls’ athletics and limiting outside enforcement against schools that maintain those teams. Opponents are likely concerned about discrimination against transgender students, the restriction on participation opportunities, and the bill’s private right of action and limits on complaints or investigations by oversight bodies. The enforcement provisions and the biological-sex definition are the most legally and politically sensitive parts of the measure.
Civil rights: sex discrimination and harassment; basing an individual's eligibility to participate in athletics on the individual's biological sex; provide an exemption to allow certain K-12 educational institutions to do. Amends 1976 PA 453 (MCL 37.2101 - 37.2804) by adding sec. 405.
Education: athletics; children who are homeschooled or attending nonpublic school; require the board of a school district or intermediate school district to allow to participate in certain extracurricular activities. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1290.
Education: athletics; children who are homeschooled or attending nonpublic school; require the board of a school district or intermediate school district to allow to participate in certain extracurricular activities. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1290.
Civil rights: sex discrimination and harassment; basing an individual's eligibility to participate in athletics on the individual's biological sex; provide an exemption to allow certain K-12 educational institutions to do. Amends 1976 PA 453 (MCL 37.2101 - 37.2804) by adding sec. 405.
In school health services, further providing for automatic external defibrillators, providing for automated external defibrillators and training, further providing for sudden cardiac arrest and electrocardiogram testing and providing for electrocardiogram testing for interscholastic athletics; and, in terms and courses of study, further providing for cardiopulmonary resuscitation education.
In certification of teachers, repealing provisions relating to CPR instruction; in school safety and security, further providing for School Safety and Security Grant Program; and, in school health services, further providing for definitions, repealing provisions relating to automatic external defibrillators, providing for AED and CPR instruction and procedure, establishing the Automated External Defibrillator Program and providing for availability and specifications of automated external defibrillators.