2023 Wyoming Statutes › Title 21 - Education › Chapter 25 - Student Eligibility in Interscholastic Activities › Article 2 - Student Eligibility › Section 21-25-204 - Eligibility for Interscholastic Activities.

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.