Chapter 522

2013 -- S 12 SUBSTITUTE A AS AMENDED

Enacted 07/20/13

A N A C T

RELATING TO EDUCATION - OFFENSES PERTAINING TO SCHOOLS

Introduced By: Senators Gallo, Lombardi, Lynch, and DaPonte

Date Introduced: January 16, 2013

It is enacted by the General Assembly as follows:

SECTION 1. Section 16-38-1.1 of the General Laws in Chapter 16-38 entitled "Offenses

Pertaining to Schools" is hereby amended to read as follows:

16-38-1.1. Discrimination because of sex. -- (a) (1) Discrimination on the basis of sex is

prohibited in all public elementary and secondary schools in the state and in all schools operated

by the board of regents for elementary and secondary education. This prohibition shall apply to

employment practices, admissions, curricular programs, extracurricular activities including

athletics, counseling, and any and all other school functions and activities.

      (2) Notwithstanding this prohibition, schools may do the following:

      (i) Maintain separate restrooms, dressing, and shower facilities for males and females;

      (ii) Conduct separate human sexuality classes for male and female students; and

      (iii) Prohibit female participation in all contact sports provided that equal athletic

opportunities which effectively accommodate the interests and abilities of both sexes are made

available.

(iv) Provide extracurricular activities for students of one sex, including, but not limited

to, father-daughter/mother-son activities, but if such activities are provided for students of one

sex, opportunities for reasonably comparable activities shall be provided for students of the other

sex. School districts are required to allow and notify students that they may bring the adult of

their parent’s or guardian’s choice to the event.

      (3) Each local education agency shall designate an equal opportunity officer who shall be

responsible for overseeing compliance with this section within the local education agency district.

      (4) The board of regents shall designate an equal opportunity officer who shall be

responsible for overseeing compliance with this section within schools operated by the board.

      (5) The commissioner of elementary and secondary education shall be responsible for

enforcing this section and is empowered to promulgate rules and regulations to enforce the

provisions of this section.

      (b) (1) Discrimination on the basis of sex is prohibited in all public colleges, community

colleges, universities, and all other public institutions of higher learning in the state which are

operated by the board of governors for higher education. This prohibition shall apply to

employment, recruitment, and hiring practices, employment benefits, admissions, curricular

programs, extracurricular activities including athletics, counseling, financial aid including athletic

grants-in-aid, student medical, hospital, and accident or life insurance benefits, facilities, housing,

rules and regulations, research, and any and all other school functions and activities.

      (2) Notwithstanding these prohibitions, schools may do the following:

      (i) Maintain separate but comparable restrooms, dressing, and shower facilities for males

and females, including reasonable use of staff of the same sex as the users of these facilities;

      (ii) Provide separate teams for contact sports or for sports where selection for teams is

based on competitive skills, provided that equal athletic opportunities which effectively

accommodate the interests and abilities of both sexes are made available;

      (iii) Maintain separate housing for men and women, provided that housing for students

of both sexes is as a whole both proportionate in quantity to the number of students of that sex

that apply for housing and comparable in quality and cost to the student; and

(iv) Permit the establishment and operation of university based social fraternities and

sororities.

      (3) Each individual educational institution of higher learning shall designate an equal

opportunity officer or affirmative action officer who shall be responsible for overseeing

compliance with this section within the educational institution.

      (4) The president of each public college, community college, university, and other public

institution of higher learning in the state shall be responsible for enforcing this section and is

empowered to promulgate rules and regulations to enforce the provisions of this section.

SECTION 2. This act shall take effect upon passage.

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LC00315/SUB A

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