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No governmental entity, accredited school, school district, or institution of higher education may be liable to any athlete for its compliance with section 1 of this Act.
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However, for a transgender student who raises a legal challenge: If an athlete suffers direct or indirect harm as a result of a violation of section 1 of this Act, that athlete has a private cause of action for injunctive relief and any other equitable relief available under law, against the accredited school, school district, athletic association or organization, or institution of higher education under the control of either the Board of Regents or the Board of Technical Education that caused the harm. It would allow a cisgender student-athlete the right to sue, and would allow a school district to do the same, against a challenge or change to the definition of biological sex in legislation. The second change involved who could initiate legal action and who couldn’t. The first defines “biological sex”.Īny interscholastic, intercollegiate, intramural, or club athletic team, sport, or athletic event that is sponsored or sanctioned by an accredited school, school district, an athletic association or organization, or an institution of higher education under the control of either the Board of Regents or the Board of Technical Education must be designated as one of the following, based on the biological sex at birth of the participating athletes: (1) Females, women, or girls (2) Males, men, or boys or (3) Coeducational or mixed.For purposes of this section, biological sex is either female or male as described by the sex listed on the athlete’s official birth certificate issued at or near the time of the athlete’s birth. Women have fought long and hard for equal athletic opportunities, and South Dakota will defend them, but we have to do it in a smart way.” “Every young woman deserves an equal playing field where she can achieve success. “This is about fairness,” Noem reaffirmed to South Dakota State News. Noem said in a statement that the new measure cleans up the technical issues that led to a veto on House Bill 1217, back in March 2021. South Dakota Governor Kristi Noem re-entered the fray over trans student-athletes by releasing draft legislation of a new bill designed to ban transgender students from athletic competition at the scholastic and collegiate levels Tuesday.