21-24-113 and 21-24-116(a)(iv) and any other provision of this

21-24-113 and 21-24-116(a)(iv) and any other provision of this compact, the state of Wyoming does not waive sovereign immunity by entering into this compact and specifically retains all immunities and defenses available to it as a sovereign pursuant to W.S. 1-39-104(a) and all other applicable law. Designations of venue, choice of law, enforcement actions and similar provisions should not be construed as a waiver of sovereign immunity.

(d) Notwithstanding W.S. 21-24-114(b) and (e), or any other provision of this compact, the terms of this compact shall not require appropriation by future legislatures in violation of Article 16, Section 2 of the Wyoming Constitution.

ARTICLE 2 - ADMISSION REQUIREMENTS AND PREFERENCES

21-24-201. Extension of residential requirement for admission.

For admission into an academic program or a course of study, if the University of Wyoming or any Wyoming community college, vocational, technical or trade school, other secondary educational institution or school district gives a preference or benefit to Wyoming residents, the same preference or benefit shall be extended to any current Wyoming national guard member regardless of the member's state of residence. This section applies when Wyoming residency is required for selection by or entry into a program. This section does not apply for calculating tuition or fees.

CHAPTER 25 - STUDENT ELIGIBILITY IN INTERSCHOLASTIC ACTIVITIES

ARTICLE 1 - PARTICIPATION IN FEMALE SPORTS

21-25-101. Definitions.

(a) As used in this chapter:

(i) "Coed" or "mixed" means that a team is composed of members of both sexes who traditionally compete together;  (ii) "Interscholastic athletic activity" means that a student represents the student's school in a Wyoming high school activities association sanctioned sport;

(iii) "School" means a school consisting of grades seven (7) through 12 (twelve), or any combination of grades within this range, as determined by the plan of organization by the school district board of trustees;

(iv) "Sex" means the biological, physical condition of being male or female, determined by an individual's genetics and anatomy at birth.

21-25-102. Participation in school athletic activities.

(a) A public school or a private school that competes against a public school shall expressly designate school athletic activities and teams as one (1) of the following based on sex:

(i) Designated for students of the male sex;

(ii) Designated for students of the female sex; or

(iii) Coed or mixed.

(b) A student of the male sex shall not compete, and a public school shall not allow a student of the male sex to compete, in an athletic activity or team designated for students of the female sex.

(c) A government entity or licensing or accrediting organization shall not entertain a complaint, open an investigation or take any other adverse action against a school described in subsection (a) of this section for maintaining separate school athletic activities and teams for students of the female sex.

(d) Nothing in this section shall be construed to:

(i) Restrict the eligibility of any student to participate in any interscholastic athletic activity designated for students of the male sex or designated as coed or mixed; or

(ii) Prohibit a school from permitting males to train or practice with an interscholastic athletic activity that is designated for females so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution or any other benefit that accompanies participating in the interscholastic athletic activity.

(e) A government entity, any licensing or any athletic association shall not retaliate or take any adverse action against:

(i) A school for maintaining separate athletic teams or sports for students of the female sex; or

(ii) A student if the student or the parent or guardian of a student requests a contested case pursuant to subsection (f) of this section or that reports a violation of this section to an employee or representative of the school or athletic association.

(f) Any student or parent or guardian of a student aggrieved by an act of a government entity, school, athletic association or licensing or accrediting organization for failing to enforce the provisions of this act, may seek review in accordance with the Wyoming Administrative Procedures Act. In accordance with W.S. 16-3-112, review of a decision of a government entity, school, athletic association or licensing or accrediting organization under this subsection shall be before the state board of education.

ARTICLE 2 - STUDENT ELIGIBILITY

21-25-201. Definitions.

(a) As used in this article:

(i) "Athletic association" means an association that governs or regulates a student's participation in an athletic interscholastic activity;

(ii) "Commission" means the school activity eligibility commission created in W.S. 21-25-203;

(iii) "Female-designated" means an interscholastic activity that is designated specifically for female students;

(iv) "Gender-designated" means an interscholastic activity or facility that is designated specifically for female or male students;  (v) "Gender identity" means as stated in the Diagnostic and Statistical Manual. A person's gender identity can be shown by providing evidence, including but not limited to medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity or the evidence that the gender identity is sincerely held, part of a person's core identity and not being asserted for an improper purpose;

(vi) "Interscholastic activity" means an activity in which a student represents the student's school in the activity in competition against another school;

(vii) "Male-designated" means an interscholastic activity that is designated specifically for male students;

(viii) "Student" means a student who is enrolled in grades seven (7) through twelve (12) of a public school that participates in interscholastic activities;

(ix) "This article" means W.S. 21-25-201 through 21- 25-204.

21-25-202. Effect contingent on court ruling.

This article is effective only during the period when a court of competent jurisdiction has invalidated or enjoined W.S. 21-25- 102. The attorney general shall, within thirty (30) days of the date of any invalidation or enjoinder, notify the governor who shall certify to the office of the secretary of state that this article is effective. If at any point the invalidation or enjoinder is lifted, the attorney general shall, within thirty (30) days of the invalidation or enjoinder being lifted, notify the governor who shall certify to the office of the secretary of state that this article is no longer effective and W.S. 21-25- 102 is effective.

21-25-203. School activity eligibility commission.

(a) There is created the school activity eligibility commission.

(b) The commission shall consist of five (5) members appointed by the Wyoming high school activities association within thirty (30) days following this article becoming effective pursuant to W.S. 21-25-202 and who may be removed by the Wyoming high school activities association. The members shall be residents of the state of Wyoming and shall consist of:

(i) A current or former athletic director or coach;

(ii) A mental health professional;

(iii) A parent of a current student;

(iv) Two members at large.

(c) All members of the commission shall be required to constitute a quorum of the commission for the determination of the eligibility of a student. A majority of the commission constitutes a quorum for any other purpose.

(d) An action of a majority of a quorum constitutes an action of the commission.

(e) The members of the commission shall elect a chairman from among their membership. Appointments by the Wyoming high school activities association shall be made within thirty (30) days of expiration of membership terms. Each member shall serve a three (3) year term. A vacancy on the commission shall be filled for the unexpired term by the Wyoming high school activities association.

(f) The chairman of the commission shall:

(i) Schedule meetings of the commission;

(ii) Set the agenda of commission meetings; and

(iii) Facilitate discussion among the commission's members.

(g) Members of the commission shall serve without salary but shall receive per diem and mileage or actual expenses for attending meetings in the manner and amounts provided by law for state employees. Members who are government employees shall be considered on official business of their agency when performing duties as members of the commission.

(h) The commission shall promulgate rules to determine eligibility based on physical characteristics for the age and gender group in a given gender-designated interscholastic activity including height, weight, physical characteristics relevant to the application of the standard described in W.S.