Prohibits the commissioner from promulgating any rules or regulations which prevent schools from disallowing biologically male students at birth to participate on a team organized for females where a school determines such biological male student's participation would have an adverse effect on the physical or emotional safety of female participants, or would adversely impact a female student's ability to participate successfully in interschool athletic competition.
S T A T E O F N E W Y O R K
________________________________________________________________________
8239
2025-2026 Regular Sessions
I N A S S E M B L Y
May 5, 2025
___________
Introduced by M. of A. MIKULIN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to prohibiting the
department from promulgating certain rules and regulations concerning
biologically male students at birth participating on teams organized
for females
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 62 to read as follows:
62. THE COMMISSIONER SHALL BE PROHIBITED FROM PROMULGATING ANY RULES
OR REGULATIONS WHICH PREVENT SCHOOLS WHICH OFFER INTERSCHOOL ATHLETIC
COMPETITION FROM DISALLOWING BIOLOGICALLY MALE STUDENTS AT BIRTH TO
PARTICIPATE ON A TEAM ORGANIZED FOR FEMALES WHERE A SCHOOL DETERMINES
THAT SUCH BIOLOGICAL MALE STUDENT'S PARTICIPATION WOULD HAVE AN ADVERSE
EFFECT ON THE PHYSICAL OR EMOTIONAL SAFETY OF FEMALE PARTICIPANTS, OR
WOULD ADVERSELY IMPACT A FEMALE STUDENT'S ABILITY TO PARTICIPATE
SUCCESSFULLY IN SUCH INTERSCHOOL ATHLETIC COMPETITION, INCLUDING ACCESS
TO INDIVIDUAL AWARDS, SCHOLARSHIPS AND OTHER BENEFITS OF SUCH SUCCESSFUL
PARTICIPATION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01103-01-5
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