21-24-110. Powers and duties of the interstate commission.
(a) The interstate commission shall have the following powers:
(i) To provide for dispute resolution among member states;
(ii) To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact;
(iii) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions;
(iv) To enforce compliance with the compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;
(v) To establish and maintain offices which shall be located within one (1) or more of the member states;
(vi) To purchase and maintain insurance and bonds;
(vii) To borrow, accept, hire or contract for services of personnel;
(viii) To establish and appoint committees including, but not limited to, an executive committee as required by W.S. 21-24-111, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder;
(ix) To elect or appoint such officers, attorneys, employees, agents or consultants and to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission's personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel;
(x) To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of it;
(xi) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed;
(xii) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
(xiii) To establish a budget and make expenditures;
(xiv) To adopt a seal and bylaws governing the management and operation of the interstate commission;
(xv) To report annually to the legislatures, governors, judiciary and state councils of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission;
(xvi) To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity;
(xvii) To establish uniform standards for the reporting, collecting and exchanging of data;
(xviii) To maintain corporate books and records in accordance with the bylaws;
(xix) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
(xx) To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
21-24-111. Organization and operation of the interstate commission.
(a) The interstate commission shall, by a majority of the members present and voting, within twelve (12) months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(i) Establishing the fiscal year of the interstate commission;
(ii) Establishing an executive committee, and such other committees as may be necessary;
(iii) Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the interstate commission;
(iv) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
(v) Establishing the titles and responsibilities of the officers and staff of the interstate commission;
(vi) Providing a mechanism for concluding the operations of the interstate commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations;
(vii) Providing "start up" rules for initial administration of the compact.
(b) The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission.
(c) Executive committee, officers and personnel:
(i) The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:
(A) Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission;
(B) Overseeing an organizational structure within, and appropriate procedures for the interstate commission to provide for the creation of rules, operating procedures and administrative and technical support functions; and
(C) Planning, implementing and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the interstate commission.
(ii) The executive committee may, subject to the approval of the interstate commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member of the interstate commission. The executive director shall hire and supervise such other persons as may be authorized by the interstate commission.
(d) The interstate commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities, provided, that such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person:
(i) The liability of the interstate commission's executive director and employees or interstate commission representatives, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person;
(ii) The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person;
(iii) To the extent not covered by the state involved, member state or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
21-24-112. Rulemaking functions of the interstate commission.
(a) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this act or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
(b) Rules shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the interstate commission.
(c) Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission's authority.
21-24-113. Oversight, enforcement and dispute resolution.
(a) Oversight:
(i) The executive, legislative and judicial branches of state governments in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact shall have standing as statutory law;
(ii) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission;
(iii) The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or promulgated rules.
(b) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the interstate commission shall:
(i) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default;
(ii) Provide remedial training and specific technical assistance regarding the default;
(iii) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default;
(iv) Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states;
(v) The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination;
(vi) The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state;
(vii) The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
(c) Dispute resolution:
(i) The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states;
(ii) The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement:
(i) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact;
(ii) The interstate commission, may by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees;
(iii) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
21-24-114. Financing of the interstate commission.
(a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(b) In accordance with the funding limit established in subsection (e) of this section, the interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.
(c) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the member states, except by and with the authority of the member state.
(d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
(e) The interstate commission may not assess, levy or collect more than five thousand dollars ($5,000.00) per year from Wyoming legislation appropriations. Other funding sources may be accepted and used to offset expenses related to the state's participation in the compact.
21-24-115. Member states; effective date; amendment.
(a) Any state is eligible to become a member state.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.
(c) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
(a) Withdrawal:
(i) Once effective, the compact shall continue in force and remain binding upon each and every member state provided that a member state may withdraw from the compact by specifically repealing the statute, which enacted the compact into law;
(ii) Withdrawal from this compact shall be by the enactment of a statute repealing the same;
(iii) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof;
(iv) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal;
(v) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(b) Dissolution of compact:
(i) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state;
(ii) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
(a) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally construed to effectuate its purposes.
(c) Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
21-24-118. Binding effect of compact and other laws.
(a) Nothing herein prevents the enforcement of any other law of a member state.
(b) Binding effect of the compact:
(i) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states;
(ii) All agreements between the interstate commission and the member states are binding in accordance with their terms;
(iii) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
(c) Notwithstanding W.S. 21-24-110(a)(iv), 21-24-111(d), 21-24-113 and 21-24-116(a)(iv) and any other provision of this compact, the state of Wyoming does not waive sovereign immunity by entering into this compact and specifically retains all immunities and defenses available to it as a sovereign pursuant to W.S. 1-39-104(a) and all other applicable law. Designations of venue, choice of law, enforcement actions and similar provisions should not be construed as a waiver of sovereign immunity.
(d) Notwithstanding W.S. 21-24-114(b) and (e), or any other provision of this compact, the terms of this compact shall not require appropriation by future legislatures in violation of Article 16, Section 2 of the Wyoming Constitution.
21-24-201. Extension of residential requirement for admission.
For admission into an academic program or a course of study, if the University of Wyoming or any Wyoming community college, vocational, technical or trade school, other secondary educational institution or school district gives a preference or benefit to Wyoming residents, the same preference or benefit shall be extended to any current Wyoming national guard member regardless of the member's state of residence. This section applies when Wyoming residency is required for selection by or entry into a program. This section does not apply for calculating tuition or fees.
(a) As used in this chapter:
(i) "Coed" or "mixed" means that a team is composed of members of both sexes who traditionally compete together;
(ii) "Interscholastic athletic activity" means that a student represents the student's school in a Wyoming high school activities association sanctioned sport;
(iii) "School" means a school consisting of grades seven (7) through 12 (twelve), or any combination of grades within this range, as determined by the plan of organization by the school district board of trustees;
(iv) "Sex" means the biological, physical condition of being male or female, determined by an individual's genetics and anatomy at birth.
21-25-102. Participation in school athletic activities.
(a) A public school or a private school that competes against a public school shall expressly designate school athletic activities and teams as one (1) of the following based on sex:
(i) Designated for students of the male sex;
(ii) Designated for students of the female sex; or
(iii) Coed or mixed.
(b) A student of the male sex shall not compete, and a public school shall not allow a student of the male sex to compete, in an athletic activity or team designated for students of the female sex.
(c) A government entity or licensing or accrediting organization shall not entertain a complaint, open an investigation or take any other adverse action against a school described in subsection (a) of this section for maintaining separate school athletic activities and teams for students of the female sex.
(d) Nothing in this section shall be construed to:
(i) Restrict the eligibility of any student to participate in any interscholastic athletic activity designated for students of the male sex or designated as coed or mixed; or
(ii) Prohibit a school from permitting males to train or practice with an interscholastic athletic activity that is designated for females so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution or any other benefit that accompanies participating in the interscholastic athletic activity.
(e) A government entity, any licensing or any athletic association shall not retaliate or take any adverse action against:
(i) A school for maintaining separate athletic teams or sports for students of the female sex; or
(ii) A student if the student or the parent or guardian of a student requests a contested case pursuant to subsection (f) of this section or that reports a violation of this section to an employee or representative of the school or athletic association.
(f) Any student or parent or guardian of a student aggrieved by an act of a government entity, school, athletic association or licensing or accrediting organization for failing to enforce the provisions of this act, may seek review in accordance with the Wyoming Administrative Procedures Act. In accordance with W.S. 16-3-112, review of a decision of a government entity, school, athletic association or licensing or accrediting organization under this subsection shall be before the state board of education.
(a) As used in this article:
(i) "Athletic association" means an association that governs or regulates a student's participation in an athletic interscholastic activity;
(ii) "Commission" means the school activity eligibility commission created in W.S. 21-25-203;
(iii) "Female-designated" means an interscholastic activity that is designated specifically for female students;
(iv) "Gender-designated" means an interscholastic activity or facility that is designated specifically for female or male students;
(v) "Gender identity" means as stated in the Diagnostic and Statistical Manual. A person's gender identity can be shown by providing evidence, including but not limited to medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity or the evidence that the gender identity is sincerely held, part of a person's core identity and not being asserted for an improper purpose;
(vi) "Interscholastic activity" means an activity in which a student represents the student's school in the activity in competition against another school;
(vii) "Male-designated" means an interscholastic activity that is designated specifically for male students;
(viii) "Student" means a student who is enrolled in grades seven (7) through twelve (12) of a public school that participates in interscholastic activities;
(ix) "This article" means W.S. 21-25-201 through 21-25-204.
This article is effective only during the period when a court of competent jurisdiction has invalidated or enjoined W.S. 21-25-102. The attorney general shall, within thirty (30) days of the date of any invalidation or enjoinder, notify the governor who shall certify to the office of the secretary of state that this article is effective. If at any point the invalidation or enjoinder is lifted, the attorney general shall, within thirty (30) days of the invalidation or enjoinder being lifted, notify the governor who shall certify to the office of the secretary of state that this article is no longer effective and W.S. 21-25-102 is effective.
21-25-203. School activity eligibility commission.
(a) There is created the school activity eligibility commission.
(b) The commission shall consist of five (5) members appointed by the Wyoming high school activities association within thirty (30) days following this article becoming effective pursuant to W.S. 21-25-202 and who may be removed by the Wyoming high school activities association. The members shall be residents of the state of Wyoming and shall consist of:
(i) A current or former athletic director or coach;
(ii) A mental health professional;
(iii) A parent of a current student;
(iv) Two members at large.
(c) All members of the commission shall be required to constitute a quorum of the commission for the determination of the eligibility of a student. A majority of the commission constitutes a quorum for any other purpose.
(d) An action of a majority of a quorum constitutes an action of the commission.
(e) The members of the commission shall elect a chairman from among their membership. Appointments by the Wyoming high school activities association shall be made within thirty (30) days of expiration of membership terms. Each member shall serve a three (3) year term. A vacancy on the commission shall be filled for the unexpired term by the Wyoming high school activities association.
(f) The chairman of the commission shall:
(i) Schedule meetings of the commission;
(ii) Set the agenda of commission meetings; and
(iii) Facilitate discussion among the commission's members.
(g) Members of the commission shall serve without salary but shall receive per diem and mileage or actual expenses for attending meetings in the manner and amounts provided by law for state employees. Members who are government employees shall be considered on official business of their agency when performing duties as members of the commission.
(h) The commission shall promulgate rules to determine eligibility based on physical characteristics for the age and gender group in a given gender-designated interscholastic activity including height, weight, physical characteristics relevant to the application of the standard described in W.S. 21-25-204 and other relevant factors.
(j) Any record of the commission, including any communication between an athletic association and the commission, that relates to a specific student is not a public record for purposes of the Public Records Act, W.S. 16-4-201 through 16-4-205 and shall not be available for inspection under that Act.
(k) The commission has no authority in relation to eligibility questions other than participation in a gender-designated interscholastic activity under this article.
(m) Necessary clerical and administrative support for the commission shall be furnished by the Wyoming department of education.
(n) Any person, who serves on the commission or on the Wyoming high school activities association is immune from any liability arising from complying with or administering this act. This immunity shall apply to any health care provider as defined in W.S. 35-31-101(a)(iii) that assists the commission in making eligibility determination in accordance with this act. Nothing in this subsection shall be construed to limit any other immunity available under law.
21-25-204. Eligibility for interscholastic activities.
(a) Notwithstanding any state board rule or policy of an athletic association, and except as provided in subsections (b) and (c) of this section:
(i) Once a student has obtained the eligibility approval of the commission under subsection (d) of this section, the student may participate in a gender-designated interscholastic activity that does not correspond with the sex designation on the student's birth certificate; or
(ii) If a student does not obtain the eligibility approval of the commission under subsection (d) of this section, the student shall not participate in a gender-designated interscholastic activity that does not correspond with the sex designation on the student's birth certificate.
(b) A student who has undergone or is undergoing a gender transition shall obtain the eligibility approval of the commission under subsection (d) of this section before participating in a gender-designated interscholastic activity that does not correspond with the student's biological sex.
(c) Nothing in this subsection prohibits a student from participating in a gender-designated interscholastic activity in accordance with 34 C.F.R. 106.41(b) as of December 31, 2022.
(d) When a student registers to participate in a gender-designated interscholastic activity:
(i) A student who has undergone or is undergoing a gender transition shall notify the athletic association of the student's transition and the need for the commission's eligibility approval as described in subsection (b) of this section;
(ii) The athletic association shall notify the commission of a student for whom an eligibility determination of the commission is required due to the sex designation on the student's birth certificate not corresponding with the gender-designation of the gender-designated interscholastic activity in which the student seeks to participate or the student's notice of a gender transition under paragraph (a)(ii) of this section;
(iii) The commission shall notify the student described in paragraphs (i) and (ii) of this subsection regarding the process for determining the student's eligibility for the activity under this section.
(e) The commission shall:
(i) Schedule a closed meeting to consider a student's eligibility to be held within thirty (30) days after the day on which the commission receives the notification described in subsection (d) of this section; and
(ii) Notify the relevant athletic association and the student's parents or legal guardians of the scheduled meeting.
(f) Before the meeting described in subsection (e) of this section:
(i) The student for whom the commission has scheduled the meeting or the student's parent or guardian may submit to the commission any information the student wishes to disclose to the commission that may be relevant to the commission's eligibility determination, including information regarding:
(A) The gender-designated interscholastic activities for which the student seeks eligibility;
(B) The gender-designated interscholastic activities in which the student has previously participated; and
(C) The student's physical characteristics or medical treatments that support the student's eligibility for the specific gender-designated interscholastic activity.
(ii) The commission may request additional evidence from the student that is:
(A) Limited to the extent possible to protect the student's privacy; and
(B) Only directly relevant to the commission's eligibility determination.
(iii) The commission shall cover the cost of a diagnostic assessment if the commission makes a request for medical information under paragraph (ii) of this subsection for which the student's insurance does not provide coverage or reimbursement for the diagnostic that:
(A) Would provide the requested information; and
(B) Is not free or otherwise readily available without additional expense to the student.
(g) During the meeting described in subsection (e) of this section:
(i) Only the following persons may be present or participate electronically:
(A) The student for whom the commission is meeting to make an eligibility determination;
(B) The student's parents or guardians;
(C) The members and necessary staff of the commission; and
(D) Any medical professionals or other witnesses the student chooses to include to support the student's eligibility.
(ii) Attendees may participate in person or electronically;
(iii) The commission shall:
(A) Hear the information that supports the student's eligibility;
(B) Render the commission's eligibility determination in accordance with subsection (h) of this section or request additional information and schedule an additional commission meeting to be held within thirty (30) days of the meeting and in accordance with this subsection to discuss the additional information and render the commission's eligibility determination.
(h) In making an eligibility determination the commission shall:
(i) Make a determination regarding whether, when measured against the eligibility criteria established by rule of the commission, granting the student's eligibility would:
(A) Present a substantial safety risk to the student or others that is significantly greater than the inherent risks of the given activity; or
(B) Likely give the student a material competitive advantage when compared to students of the same age competing in the relevant gender-designated activity, including consideration of the student's previous history of participation in gender-designated interscholastic activities.
(ii) Record the commission's decision and rationale in writing and provide the written decision to the student within thirty (30) days after the day on which the commission renders an eligibility decision.
(j) Notwithstanding any other provision of law and except as provided in subsections (h) and (k) of this section, the commission shall not disclose:
(i) The name of a student whose eligibility the commission will consider, is considering, or has considered;
(ii) The commission's determination regarding a student's eligibility.
(k) The commission shall disclose the commission's determination of a student's eligibility for a given gender-designated interscholastic activity to the relevant athletic association, only for the purpose of confirming whether the student is eligible for the interscholastic activity.
(m) Notwithstanding any other provision of law, no athletic association shall disclose the information described in paragraphs (j)(i) and (ii) of this section.
(n) Nothing in subsections (k) or (m) of this section prohibits an athletic association from affirming that a student is eligible if the eligibility of a student is questioned.
21-25-301. Intercollegiate athletic competitions based on biological sex.
(a) As used in this section:
(i) "Athletic competition" means any intercollegiate athletic display between teams or persons, including a contest, exhibition, performance or sport;
(ii) "Educational institution" means the University of Wyoming and each Wyoming community college;
(iii) "Female" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes eggs for fertilization;
(iv) "Individual sport" means an athletic activity where participants compete as individuals for a time, score or result, regardless of whether their individual time, score or result contributes to an overall team score;
(v) "Male" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm for fertilization.
(b) Except as provided in subsection (c) of this section, no educational institution shall allow:
(i) A student to compete in an athletic competition sponsored or authorized by the educational institution that is designated for the sex opposite to the student's sex;
(ii) A male student to compete in an athletic competition that is mixed-sex in a position that is designated by rule or procedure for female students;
(iii) Participation in any athletic competition designated for students of the female sex with or against a team that the educational institution knows has on the team a student of the male sex;
(iv) Except as provided by subsection (c) of this section, in the case of an individual sport, students of the female sex to directly compete against a student that the educational institution knows is a student of the male sex if the educational institution determines that the competition would be unsafe or unfair to the students of the female sex.
(c) An educational institution may allow a female student to compete in an athletic competition that is designated for male students if a corresponding athletic competition designated for female students is not offered or available.
(d) For purposes of this section, a statement of a student's sex on the student's official birth certificate is considered to have correctly stated the student's sex only if the statement was entered at or near the time of the student's birth or modified to correct a clerical error in the student's sex.
(e) No educational institution shall retaliate against a person for reporting a violation of this section. An educational institution may discipline a student or employee of the institution for making a false report of a violation of this section.
(f) A person shall have a private civil cause of action against an educational institution for any violation of this section. An action filed pursuant to this section shall be subject to W.S. 1-39-113 and 1-39-114. The liability of an educational institution for any violation of this section shall not exceed fifty thousand dollars ($50,000.00).
(g) A person may seek declaratory and injunctive relief against an educational institution for any violation of this section. The court may order injunctive or other equitable relief. The court may award the prevailing party reasonable attorney's fees and costs.
(h) The University of Wyoming and the Wyoming community college commission shall promulgate rules to implement this section. Rules adopted under this subsection shall ensure compliance with state and federal law regarding the confidentiality of student medical information.
(a) A student who represents a Wyoming high school in a sport or activity sanctioned by the Wyoming high school activities association shall be an amateur in that sport or activity as provided in this section.
(b) Except as otherwise provided in subsection (c) of this section, a student forfeits amateur status in a sport or activity by:
(i) Competing for or accepting money or other monetary compensation for competing in that sport or activity;
(ii) Receiving any award or prize of monetary value for competing in that sport or activity that exceeds the amount that has been approved by the Wyoming high school activities association;
(iii) Capitalizing on the student's athletic fame or the student's name, image or likeness by receiving money, gifts of monetary value, merchandise or other consideration related to competing in that sport or activity;
(iv) Signing a professional playing contract in that sport or activity. This paragraph shall not prohibit signing a letter of intent or similar document to commit to a college, provided that no compensation is paid in any manner while the student is participating in the sport or activity.
(c) The following activities do not forfeit amateur status under this section:
(i) Accepting money or other monetary compensation provided by a family member to a student to encourage the student to participate in the sport or activity;
(ii) Accepting money or other monetary compensation for the time required for participation in the sport or activity in a competition, camp or event that is not sanctioned by the Wyoming high school activities association if the amount of the payment does not exceed an amount specified by the Wyoming high school activities association. If prize money is available in the competition, the student or the student's parent or guardian shall complete a written declaration prior to the competition that specifies that the student, and the student's parent or guardian if applicable, will not accept any prize money and will only accept awards that do not exceed the awards amount authorized by the Wyoming high school activities association. This paragraph shall not authorize the payment of any money or monetary compensation that is contingent upon the student's or the team's finish or performance or that is given as an incentive to achieve a specific goal or performance. Nothing in this paragraph shall be deemed to authorize the payment of any money or monetary compensation for participating in events sanctioned by the Wyoming high school activities association or for competing for or on behalf of a Wyoming high school;
(iii) Accepting necessary meals, lodging and transportation to play in a competition for a sport or activity;
(iv) Accepting a nominal fee or salary for instructing, supervising or officiating in an organized youth sports program, recreation or playground activity;
(v) A school sponsored membership or fee that is paid for the student to participate in a youth serving agency, athletic club, community recreation center, instructional program, camp or similar program if the fee is paid directly to the program or agency;
(vi) Receiving an award, playing equipment, prize of monetary value or other consideration that does not exceed the awards amount authorized by the Wyoming high school activities association;
(vii) Receiving nonmonetary benefits or awards provided to members of an Olympic team or junior national team beyond actual and necessary expenses, including entertainment, equipment, clothing, long distance telephone service, internet access and any other item or service for which it can be demonstrated that the same benefit is available to all members of the nation's Olympic or junior national team or the specific Olympic or junior national team in question;
(viii) Accepting funds that are administered by the United States Olympic committee pursuant to its operation gold program;
(ix) Participating in member school, charitable or educational promotions or fund raising activities that involve the use of athletic ability by student-athletes to obtain funds from donors, including swim-a-thons, lift-a-thons, shoot-a-thons or other similar events, provided no compensation or prizes are given to the student-athletes based on their performance. Items that are provided to indicate participation in the activity including shirts, bags or other similar items shall not waive amateur status if the items are offered to every student-athlete involved;
(x) Accepting scholarship funds, provided the funds are paid directly to a postsecondary institution and the funds are not available until after the student has graduated from high school.
(d) Violation of this section shall result in the student becoming ineligible to participate in the sport or activity concerned.