Amendment #348 to H4000

Equitable Choices in Sports

Mr. Gaskey of Carver moves to amend Chapter 71of the General Laws, as appearing in the 2022 Official Edition, by inserting the following section:

Section 1E.

No public school shall allow a male student athlete to participate on a girls’ sports team unless, based on a preponderance of the evidence, it can show that:

1) there is no equivalent boys’ team for that sport;

2) allowing the male athlete to participate on the team would not displace any girl from the team’s roster;

3) the male athlete would not pose an increased risk of harm to opponents beyond that which would be posed by an average female athlete in that sport; and

4) the male athlete would not provide the team with a significant competitive advantage.

A civil action may be brought in the Superior Court under this section to determine whether a school has properly granted or denied approval to a male student athlete to participate on a girls’ team. The Superior Court shall have available all remedies at law or in equity. A party who brings an action to enforce this section and prevails shall be entitled to his or her costs and attorney’s fees.