Utah Code § 53G-6-1004 — Utah Code / Title 53G / Chapter 53G-6 / § 53G-6-1004
§ 53G-6-1004. Eligibility for interscholastic activities.
Status: in_force

(1) (a) Notwithstanding any state board rule or policy of an athletic association, and except as provided in Subsections (1)(b) and (c): (i) once a student has obtained the eligibility approval of the commission under Subsection (2), unless otherwise prohibited by federal law or a policy of an LEA, school, or athletic association that governs the relevant interscholastic athletic activity, the student is eligible under this part to participate in a gender-designated interscholastic activity that does not correspond with the sex designation on the student's unamended birth certificate for the given school year; and (ii) if a student does not obtain the eligibility approval of the commission under Subsection (2), the student may not participate in a gender-designated interscholastic activity that does not correspond with the sex designation on the student's unamended birth certificate. (b) A student may only participate in a gender-designated interscholastic activity that does not correspond with the student's sex, as defined in Section 68-3-12.5, if the student obtains the eligibility approval of the commission under Subsection (2). (c) Nothing in this part prohibits a student from participating in a gender-designated interscholastic activity in accordance with 34 C.F.R. Sec. 106.41(b). (2) (a) When a student registers with an athletic association 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 (1)(b); (ii) the athletic association shall notify the commission of: (A) a student for whom an eligibility determination of the commission is required due to the sex designation on the student's unamended 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 Subsection (1)(b); and (B) the association's ad hoc appointment to the commission described in Subsection 53G-6-1003(2)(a)(iv); and (iii) the athletic association shall notify the student described in this Subsection (2)(a) regarding the process for determining the student's eligibility for the activity under this section. (b) The commission shall: (i) (A) schedule at least three non-public meetings throughout the school year to consider any student eligibility notifications described in Subsection (2)(a) the commission has received at least 14 days before the date of each meeting; and (B) give notice of each scheduled meeting and the associated 14-day deadline to the relevant athletic association; and (ii) (A) if the commission receives a notification described in Subsection (2)(a) after the 14-day deadline described in Subsection (2)(b)(i), schedule an ad hoc non-public meeting to consider the given student's eligibility, occurring within 60 days after the day on which the commission receives the notification; and (B) give notice of the ad hoc meeting to the relevant athletic association and the parents of each student seeking an eligibility determination. (c) Before the meeting described in Subsection (2)(b): (i) the student for whom the commission has scheduled the meeting or the student's parent or guardian is not required but 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; and (iii) the commission may offer the student a voucher to cover the cost of a diagnostic assessment if the commission makes a request for medical information under Subsection (2)(c)(ii) 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 to the student. (d) During the meeting described in Subsection (2)(b): (i) only the following individuals 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; and (iii) the commission shall: (A) hear the information that supports the student's eligibility; (B) deliberate the facts relevant to the student's physical characteristics and eligibility in camera or otherwise after temporarily excusing from the meeting the student, the student's parents or legal guardians, and any medical professionals or other witnesses whom the student includes; and (C) render the commission's eligibility determination in accordance with Subsection (3) or request additional information and schedule an additional commission meeting to be held within 30 days of the meeting and in accordance with this Subsection (2)(d) to discuss the additional information and render the commission's eligibility determination. (e) The commission may not address the commission's application or analysis of or determination under this part regarding the eligibility of a specific student in a public meeting or public communication. (3) (a) In making an eligibility determination, the commission, after considering whether the student's assertion of a gender identity is consistent with the statutory definition of gender identity as that term is defined in Section 34A-5-102, including the implications for the student's mental health of participating in the gender-designated interscholastic activity, shall: (i) make a determination based on a preponderance of the evidence regarding whether, when measured against the relevant baseline range described in Subsection 53G-6-1003(8), 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, as the commission defines, 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; and (ii) record the commission's decision and rationale in writing and provide the written decision to the athletic association within 30 days after the day on which the commission renders an eligibility decision under this Subsection (3)(a) in a meeting described in Subsection (2)(b). (b) Upon receipt of the commission's determination and rationale under Subsection (3)(a), the athletic association shall notify the student and the relevant school or LEA of the commission's determination and rationale. (c) A school or LEA shall comply with the commission's determination under this Subsection (3). (d) An eligibility determination of the commission only applies for the relevant school year. (4) (a) Notwithstanding any other provision of law and except as provided in Subsections (3)(b) and (4)(b), the commission may not disclose: (i) the name of a student whose eligibility the commission will consider, is considering, or has considered; or (ii) the commission's determination regarding a student's eligibility. (b) 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. (c) (i) Notwithstanding any other provision of law, an athletic association may not disclose the information described in Subsections (4)(a)(i) and (ii). (ii) Nothing in this Subsection (4) prohibits an athletic association from affirming that a student is eligible if the eligibility of a student is questioned.