Transgender Participation in TN Athletics
LGBTQ Update – Tennessee PC 909 – T.C.A. §49-6—310
In 2021, the Tennessee legislature passed Public Chapter No. 909 which requires school to identify a student’s gender as what was reported on their birth certificate when determining the student’s participation in athletic activities.
For districts, failure to comply with the law will result in the TN DOE withholding of a portion of their state funds. However, if an LEA is under a court order to allow such participation the district would not be subject to the financial penalty. As such, it is likely the law will only prolong the participation of transgender students in middle or high school athletics until which time they can secure a court order to allow participation.
Additionally, effective May 6th 2022, any student who was deprived of an athletic opportunity as a result of a district violating this provision can pursue a private action against the district which could include injunctive relief, damages and attorney fees. The statute of limitation on a claim by a deprived student is one year from the from the date of the violation.
There is no doubt that districts will increasingly deal with LGBTQ issues in the future. Following the Bostock ruling, schools were forced to look the impact of facilities, bathrooms in particular. More recently, schools have begun to deal with the impact of transgender athletic participation. It’s obvious that this legislation was aimed at securing the traditional gender roles of the past. Regardless, schools will continue to struggle with how to safeguard student rights while ensuring compliance with the amendments to T.C.A. §49-6-310.
For more information, please review school law attorney Debra Owen’s article entitled “Schools Face Legal Quandary in Addressing LGBTQ Issues”.