21-25-204 and other relevant factors.

21-25-204 and other relevant factors.

(j) Any record of the commission, including any communication between an athletic association and the commission, that relates to a specific student is not a public record for purposes of the Public Records Act, W.S. 16-4-201 through 16-4-205 and shall not be available for inspection under that Act.

(k) The commission has no authority in relation to eligibility questions other than participation in a gender- designated interscholastic activity under this article.

(m) Necessary clerical and administrative support for the commission shall be furnished by the Wyoming department of education.

(n) Any person, who serves on the commission or on the Wyoming high school activities association is immune from any liability arising from complying with or administering this act. This immunity shall apply to any health care provider as defined in W.S. 35-31-101(a)(iii) that assists the commission in making eligibility determination in accordance with this act. Nothing in this subsection shall be construed to limit any other immunity available under law.

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.

ARTICLE 3 - PARTICIPATION IN INTERCOLLEGIATE ATHLETICS

21-25-301. Intercollegiate athletic competitions based on biological sex.

(a) As used in this section:

(i) "Athletic competition" means any intercollegiate athletic display between teams or persons, including a contest, exhibition, performance or sport;

(ii) "Educational institution" means the University of Wyoming and each Wyoming community college;

(iii) "Female" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes eggs for fertilization;

(iv) "Individual sport" means an athletic activity where participants compete as individuals for a time, score or result, regardless of whether their individual time, score or result contributes to an overall team score;

(v) "Male" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm for fertilization.

(b) Except as provided in subsection (c) of this section, no educational institution shall allow:

(i) A student to compete in an athletic competition sponsored or authorized by the educational institution that is designated for the sex opposite to the student's sex;

(ii) A male student to compete in an athletic competition that is mixed-sex in a position that is designated by rule or procedure for female students;

(iii) Participation in any athletic competition designated for students of the female sex with or against a team that the educational institution knows has on the team a student of the male sex;

(iv) Except as provided by subsection (c) of this section, in the case of an individual sport, students of the female sex to directly compete against a student that the educational institution knows is a student of the male sex if the educational institution determines that the competition would be unsafe or unfair to the students of the female sex.

(c) An educational institution may allow a female student to compete in an athletic competition that is designated for male students if a corresponding athletic competition designated for female students is not offered or available.

(d) For purposes of this section, a statement of a student's sex on the student's official birth certificate is considered to have correctly stated the student's sex only if the statement was entered at or near the time of the student's birth or modified to correct a clerical error in the student's sex.

(e) No educational institution shall retaliate against a person for reporting a violation of this section. An educational institution may discipline a student or employee of the institution for making a false report of a violation of this section.

(f) A person shall have a private civil cause of action against an educational institution for any violation of this section. An action filed pursuant to this section shall be subject to W.S. 1-39-113 and 1-39-114. The liability of an educational institution for any violation of this section shall not exceed fifty thousand dollars ($50,000.00).

(g) A person may seek declaratory and injunctive relief against an educational institution for any violation of this section. The court may order injunctive or other equitable relief. The court may award the prevailing party reasonable attorney's fees and costs.

(h) The University of Wyoming and the Wyoming community college commission shall promulgate rules to implement this section. Rules adopted under this subsection shall ensure compliance with state and federal law regarding the confidentiality of student medical information.