Trans Legislation Tracker

Virginia

2023 anti-trans legislation

VA HB1387
Introduced

K-12 schools and institutions of higher education; K-12 schools and institutions of higher education; designation of interscholastic, intercollegiate, intramural, and club athletic teams and sports based on biological sex; student participation in female teams or sports; civil cause of action. Requires each interscholastic, intercollegiate, intramural, or club athletic team or sport sponsored by a public elementary or secondary school or by a public institution of higher education to be expressly designated as one of the following based on biological sex: (i) males, men, or boys; (ii) females, women, or girls; or (iii) coed or mixed if participation on such team or sport is open to both (a) males, men, or boys and (b) females, women, or girls. The bill requires identification of the student's biological sex on an athletics eligibility form signed by a licensed physician, nurse practitioner, or physician assistant to be submitted by any such student who desires to try out for or participate in an interscholastic, intercollegiate, intramural, or club athletic team or sport. The bill prohibits any such team or sport that is expressly designated for females, women, or girls from being open to students whose biological sex is male. The bill further prohibits any interscholastic, intercollegiate, intramural, or club athletic team or sport sponsored by a public elementary or secondary school or a public institution of higher education from competing against any interscholastic, intercollegiate, intramural, or club athletic team or sport sponsored by a private elementary or secondary school or private institution of higher education unless such private school or institution complies with the applicable provisions of the bill. The bill prohibits any government entity, licensing or accrediting organization, or athletic association or organization from entertaining a complaint, opening an investigation, or taking any other adverse action against public school or institution of higher education based on a violation of the provisions of the bill and creates a cause of action for any school or institution of higher education that suffers harm as a result of a violation of the bill. Finally, the bill creates a civil cause of action for any student that suffers harm as a result of a knowing violation of a provision of the bill by a school or institution or as a result of the student's reporting a violation of a provision of the bill by a school, institution, athletic association, or organization.

Introduced

Elementary and secondary schools and institutions of higher Elementary and secondary schools and institutions of higher education; interscholastic, intercollegiate, intramural, and club athletic teams and sports; student participation; certain requirements. Requires each interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education to be expressly designated as one of the following based on each team member's biological sex at birth: (i) for "males," "men," or "boys"; (ii) for "females," "women," or "girls"; or (iii) as "coed" or "mixed," including both (a) males, men, or boys and (b) females, women, or girls. The bill prohibits any interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education and that is expressly designated for "males," "men," or "boys" from being open to any student whose biological sex at birth is female unless such school or institution does not sponsor such a team or sport that is expressly designated for "females," "women," or "girls" or as "coed" or "mixed." The bill prohibits any interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education and that is expressly designated for "females," "women," or "girls" from being open to any student whose biological sex at birth is male. The bill prohibits any interscholastic, intercollegiate, or club athletic team or sport that is sponsored by a public elementary or secondary school or a public institution of higher education from competing against any interscholastic, intercollegiate, or club athletic team or sport that is sponsored by a private elementary or secondary school or a private institution of higher education unless such private school or institution complies with the applicable provisions of the bill for the team or sport that it sponsors. The bill also establishes a cause of action for students, schools, and institutions that suffer harm as a result of a violation of certain provisions of the bill. The bill finally prohibits any school board from using any funds or permitting any school within the local school division to use any funds to join, affiliate with, pay dues or fees to, or in any way financially support any interscholastic athletic association, body, or entity unless the constitution, rules, or policies of such association, body, or entity recognizes, sanctions, and regulates interscholastic competition between wrestling teams exclusively comprised of students whose biological sex at birth is female.

Introduced

Student records; name change; court order required. Prohibits any school board member or school board employee from changing the name of a student enrolled in the local school division on any education record relating to such student unless the member or employee receives a change of name order for such student that was issued in accordance with relevant law.

Introduced

Public school students; self-identification as gender other than biological sex; parental contact. Requires any person licensed as administrative or instructional personnel by the Board of Education and employed by a local school board who, in the scope of his employment, has reason to believe, as a result of direct communication from a student, that such student is self-identifying as a gender that is different than his biological sex to contact, as soon as practicable and in accordance with Board guidelines, at least one of such student's parents to ask whether such parent is aware of the student's mental state and whether the parent wishes to obtain or has already obtained counseling for such student.

Introduced

Sage's Law; Minors and students self-identifying as a Sage's Law; Minors and students self-identifying as a gender different from biological sex; counseling; parental notification; parental care. Requires any person licensed as administrative or instructional personnel by the Board of Education and employed by a local school board who, in the scope of his employment, has reason to believe, as a result of direct communication from a student, that such student is self-identifying as a gender different from the student's biological sex to contact as soon as practicable at least one of such student's parents to ask whether such parent is aware of the student's mental state and whether the parent wishes to obtain or has already obtained counseling for such student. The bill requires the Board of Education to include in its guidelines for making such contact criteria to assess whether students have begun to self-identify as a gender different from their biological sex and criteria for notification of and discussions with parents of students self-identifying as a gender different from their biological sex. The bill also prohibits any licensed school counselor, professional counselor, clinical social worker, or psychologist or other counseling personnel in any school division from (i) encouraging or coercing a minor to withhold from the minor's parent the fact that the minor's perception of his or her gender or sex is inconsistent with the minor's biological sex or (ii) withholding from a minor's parent information relating to the minor's perception that his or her gender or sex is inconsistent with the minor's biological sex. Finally, the bill clarifies, in the definition of the term "abused or neglected child," that in no event shall referring to and raising the child in a manner consistent with the child's biological sex, including related mental health or medical decisions, be considered abuse or neglect.

Introduced

K-12 schools and institutions of higher education; K-12 schools and institutions of higher education; designation of interscholastic, intercollegiate, intramural, and club athletic teams and sports based on biological sex; student participation in female teams or sports; civil cause of action. Requires each interscholastic, intercollegiate, intramural, or club athletic team or sport sponsored by a public elementary or secondary school or by a public institution of higher education to be expressly designated as one of the following based on biological sex: (i) males, men, or boys; (ii) females, women, or girls; or (iii) coed or mixed if participation on such team or sport is open to both (a) males, men, or boys and (b) females, women, or girls. The bill requires identification of the student's biological sex on an athletics eligibility form signed by a licensed physician, nurse practitioner, or physician assistant to be submitted by any such student who desires to try out for or participate in an interscholastic, intercollegiate, intramural, or club athletic team or sport. The bill prohibits any such team or sport that is expressly designated for females, women, or girls from being open to students whose biological sex is male. The bill prohibits any government entity, licensing or accrediting organization, or athletic association or organization from entertaining a complaint, opening an investigation, or taking any other adverse action against public school or institution of higher education based on a violation of the provisions of the bill and creates a cause of action for any school or institution of higher education that suffers harm as a result of a violation of the bill. Finally, the bill creates a civil cause of action for any student that suffers harm as a result of a knowing violation of a provision of the bill by a school or institution or as a result of the student's reporting a violation of a provision of the bill by a school, institution, athletic association, or organization.

Introduced

Children Deserve Help Not Harm Act established; health benefit plans; coverage for gender transition procedures. Creates the Children Deserve Help Not Harm Act (the Act), which prohibits gender transition procedures, defined in the bill, for individuals under 18 years of age and prohibits the use of public funds for gender transition procedures for individuals under 18 years of age. The bill establishes enforcement procedures for violation of the Act. The bill provides that a health benefit plan providing health care coverage in the Commonwealth is prohibited from providing coverage for gender transition procedures for individuals younger than 18 years of age and is not required to provide coverage for gender transition procedures for individuals 18 years of age or older.

Introduced

Establishment of the Save Adolescents from Experimentation (SAFE) Act; health benefit plans; coverage for gender transition procedures. Creates the Save Adolescents from Experimentation (SAFE) Act, which prohibits gender transition procedures, defined in the bill, for individuals under 18 years of age and prohibits the use of public funds for gender transition procedures for individuals under 18 years of age. The bill establishes enforcement procedures for violation of the SAFE Act. The bill provides that a health benefit plan providing health care coverage in the Commonwealth is prohibited from providing coverage for gender transition procedures for individuals younger than 18 years of age and is not required to provide coverage for gender transition procedures for individuals 18 years of age or older.

Introduced

K-12 schools and institutions of higher education; K-12 schools and institutions of higher education; interscholastic, intercollegiate, intramural, and club athletic teams and sports; participation on teams based on biological sex; certain requirements; civil cause of action. Requires each public elementary or secondary school and each public institution of higher education to expressly designate all interscholastic, intercollegiate, intramural, or club athletic teams and sports sponsored by such school based on biological sex as follows: (i) for "males," "men," or "boys"; (ii) for "females," "women," or "girls"; or (iii) as "coed" or "mixed" if such team or sport is open to participation by both (a) males, men, or boys and (b) females, women, or girls. The bill provides that a student's "biological sex" is the statement of such student's biological sex on such student's official birth certificate if the statement was filed at or near the time of the student's birth. The bill prohibits any student whose biological sex is female from participating on any interscholastic, intercollegiate, intramural, or club team or sport that is expressly designated for "males," "men," or "boys," unless such school or institution does not offer an equivalent team or sport that is expressly designated for "females," "women," or "girls," or as "coed" or "mixed." The bill also prohibits any student whose biological sex is male from participation on any interscholastic, intercollegiate, intramural, or club team or sport that is expressly designated for "females," "women," or "girls." Furthermore, the bill prohibits any interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or sponsored by a public institution of higher education from competing against any interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a private elementary or secondary school or a private institution of higher education unless such private school or institution also complies with the provisions of the bill. Finally, the bill creates a civil cause of action for students that suffer any deprivation, harm, retaliation, or adverse action or for schools that suffer any harm as a result of a violation of the provisions of the bill, provided that such action is initiated within two years of such deprivation, harm, retaliation, or adverse action.

Introduced

Youth Health Protection Act established; civil penalty. Creates Youth Health Protection Act established; civil penalty. Creates the Youth Health Protection Act (the Act), which makes it unlawful for any individual to provide gender transition procedures for minors and prohibits the use of public funds for gender transition procedures. The bill allows parents, guardians, or custodians to withhold consent for any treatment, activity, or mental health care services that are designed and intended to form their child's conceptions of sex and gender or to treat gender dysphoria or gender nonconformity. The bill prohibits government agents, other than law-enforcement personnel, from encouraging or coercing a minor to withhold information from the minor's parent. The bill establishes a duty for a government agent with knowledge that a minor has exhibited symptoms of gender dysphoria or gender nonconformity or otherwise demonstrates a desire to be treated in a manner incongruent with the minor's sex to immediately notify each of the minor's parents, guardians, or custodians in writing, with descriptions of relevant circumstances. The bill prohibits discrimination against persons (i) providing information regarding violations of the Act to their employer or specified public entities or (ii) who make disclosures under the Act believed to be a violation of law, rule, or regulation; any violation of any standard of care or other ethical guidelines for the provision of health care service; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. The bill establishes a civil action for any violation of the Act by a clinic, health care system, medical professional, or other responsible person with a two-year statute of limitations. The bill prohibits political subdivisions of the Commonwealth from enacting, adopting, maintaining, or enforcing any measure that interferes with the professional conduct and judgment of a mental health care professional or counselor undertaken within the course of treatment and communication with clients, patients, other persons, or the public. The bill provides for enforcement by the Attorney General or a mental health care professional or counsel through an action for injunctive relief and allows a mental health care professional to recover reasonable attorney fees and reasonable costs incurred in obtaining an injunction. The bill waives sovereign immunity to suit and immunity from liability under this statute.

Introduced

Elementary and secondary schools; athletics; participation in female sports; civil cause of action. Requires each public elementary or secondary school and each private elementary or secondary school that competes in sponsored athletic events against such public schools to designate all interscholastic athletic teams and intramural athletic teams sponsored by such school based on biological sex as follows: (i) for "males," "men," or "boys"; (ii) for "females," "women," or "girls"; or (iii) as "coed" or "mixed" if such team is open to participation by (a) "males," "men," or "boys" and (b) "females," "women," or "girls." The bill prohibits students whose biological sex is male from participating on any school athletic team or squad designated for "females," "women," or "girls." Finally, the bill creates a civil cause of action for students and schools that suffer harm as a result of a violation of the provisions of the bill, provided that such action is initiated within two years of the harm occurring.