Iowa Code § 261I.2 — IA Code / Title VII / Chapter 261I / Section 261I.2
Extracurricular athletics eligibility cause of action.
Status: in_force

(1) (a) An interscholastic athletic team, sport, or athletic event that is sponsored or sanctioned by an educational institution or organization must be designated as one of the following, based on the sex at birth of the participating students:

(1) (a) Females, women, or girls.

(1) (a) Males, men, or boys.

(1) (a) Coeducational or mixed.

(1) (b) Only female students, based on their sex, may participate in any team, sport, or athletic event designated as being for females, women, or girls.

(1) (c) Protections pursuant to chapter 669 or chapter 670 shall not apply to an educational institution or an employee of an educational institution that does not comply with the requirements of this section.

(2) (a) If a student suffers direct or indirect harm as a result of a violation of subsection 1, that student has a private cause of action for injunctive, mandamus, damages, and declaratory relief against the entity that violated subsection 1.

(2) (b) If a student is subjected to retaliation or other adverse action by an educational institution or organization as a result of reporting a violation of subsection 1 to an employee or representative of the educational institution, organization, or to a state or federal governmental entity having oversight authority, that student has a private cause of action for injunctive, mandamus, damages, and declaratory relief, against the educational institution or organization. In addition, a governmental entity shall not investigate a complaint or take any adverse action against an educational institution or organization, or any employee of a board of directors of a school district, the authorities in charge of an accredited nonpublic school or nonpublic institution of higher education, the board of directors of a merged area, or the board of regents for compliance with subsection 1.

(3) If an educational institution or organization suffers any direct or indirect harm as a result of a violation of subsection 1, that educational institution or organization has a private cause of action for injunctive, mandamus, damages, and declaratory relief against the entity that violated subsection 1.

(4) (a) A governmental entity, educational institution, or organization shall not be liable to any student for complying with subsection 1.

(4) (b) A civil action under subsection 2 or 3 must be initiated within two years from the date the alleged harm occurred.

(4) (c) Any party prevailing on a claim brought under subsection 2 or 3 is entitled to reasonable attorney fees and costs.

(5) (a) For any lawsuit brought or any complaint filed against an educational institution or organization, or an employee, a member of the board of directors of a school district, a member of the authorities in charge of a nonpublic school or nonpublic institution of higher education, a member of the board of directors of a merged area, or a member of the board of regents as a result of compliance with subsection 1, the attorney general shall provide legal representation at no cost to that entity or individual.

(5) (b) In addition to the expenses of representation, the state shall assume financial responsibility for any other expense related to the lawsuit or complaint and incurred by an educational institution or organization, or an employee, a member of the board of directors of a school district, a member of the authorities in charge of a nonpublic school or nonpublic institution of higher education, a member of the board of directors of a merged area, or a member of the board of regents including any award for attorney fees and costs for which that entity or individual would be otherwise responsible.

2022 Acts, ch 1003, §2, 3