SB 1293

                                               PRINTER'S NO.   1598
              THE GENERAL ASSEMBLY OF PENNSYLVANIA
                  SENATE BILL
                  No. 1293
                                         Session of
                                           2026
INTRODUCED BY J. WARD, PHILLIPS-HILL, K. WARD, BAKER, BROOKS,
   BARTOLOTTA, PENNYCUICK, BROWN, CULVER, KEEFER, ROTHMAN,
   MASTRIANO, LANGERHOLC, HUTCHINSON, MARTIN, STEFANO, DUSH AND
   FARRY, APRIL 17, 2026
REFERRED TO EDUCATION, APRIL 17, 2026
                              AN ACT
1 Providing for sport activities in public institutions of higher
2    education and public school entities to be expressly
3    designated male, female or coed; and creating causes of
4    action for harm suffered by designation.
5    The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1.   Short title.
8    This act shall be known and may be cited as the Fairness in
9 Women's Sports Act.
10 Section 2.   Definitions.
11    The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14    "Public institution of higher education."   One of the
15 following:
16(1)   A community college operating under Article XIX-A of
17    the act of March 10, 1949 (P.L.30, No.14), known as the
18    Public School Code of 1949.
1(2)    A rural regional college established under Article
2    XIX-G of the Public School Code of 1949.
3(3)    An university within the State System of Higher
4    Education under Article XX-A of the Public School Code of
5    1949.
6(4)    A State-related institution as defined in section
7    2001-C of the Public School Code of 1949.
8(5)    The Thaddeus Stevens College of Technology.
9(6)    The Pennsylvania College of Technology.
10    "Public school entity."      One of the following operating under
11 the Public School Code of 1949:
12(1)    A school district.
13(2)    An intermediate unit.
14(3)    An area career and technical school.
15(4)    A charter school, regional charter school or cyber
16    charter school.
17    "Sex."      A person's immutable characteristics of the
18 reproductive system that define the individual as male or
19 female, as determined by anatomy and genetics existing at the
20 time of birth.
21 Section 3.     Designation of athletic teams and sports.
22    (a)   Designation.--Interscholastic, intercollegiate,
23 intramural or club athletic teams or sports that are sponsored
24 by a public school entity, a public institution of higher
25 education or any school or institution where students or teams
26 compete against a public school entity or public institution of
27 higher education must be expressly designated as one of the
28 following based on sex:
29(1)    Male, men or boys.
30(2)    Female, women or girls.
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1(3)   Coed or mixed.
2    (b)   Prohibition.--Athletic teams or sports designated for
3 females, women or girls under subsection (a)(2) may not be open
4 to students of the male sex.
5    (c)   Limitations on restriction.--Nothing in this section
6 shall be construed to restrict the eligibility of a student to
7 participate in an interscholastic, intercollegiate, intramural
8 or club athletic team or sport designed for the student's sex or
9 designated coed or mixed.
10 Section 4.     Protection for educational institutions.
11    A government entity, licensing or accrediting organization or
12 an athletic association or organization may not entertain a
13 complaint, open an investigation or take any other adverse
14 action against a school or institution of higher education for
15 maintaining separate interscholastic, intercollegiate,
16 intramural or club athletic teams or sports for students of the
17 female sex.
18 Section 5.     Cause of action.
19    (a)   Deprivation of opportunity.--A student who is deprived
20 of an athletic opportunity or who suffers a direct or indirect
21 harm as a result of a known violation of section 3 may bring a
22 cause of action for injunctive relief; damages; psychological,
23 emotional and physical harm suffered; attorney fees and costs
24 and any other relief available under law against the school or
25 institution of higher education.
26    (b)   Retaliation.--A student who is subject to retaliation or
27 other adverse action by a school, institution of higher
28 education or athletic association or organization as a result of
29 reporting a violation of section 3 to an employee or
30 representative of the school, institution or athletic
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1 association or organization or to any Federal or State agency
2 with oversight of schools or institutions of higher education in
3 Pennsylvania may bring a cause of action for injunctive relief,
4 damages, attorney fees and costs and any other relief available
5 under law against the school, institution or athletic
6 association or organization.
7    (c)   School's cause of action.--A school or institution of
8 higher education that suffers a direct or indirect harm as a
9 result of a violation of section 4 may bring a cause of action
10 for injunctive relief, damages and any other relief available
11 under law against the government entity, licensing or
12 accrediting organization or athletic association or
13 organization.
14    (d)   Limitation.--A person may not bring a civil action under
15 this section later than two years after the day on which the
16 harm underlying the cause of action occurs.
17 Section 6.   Severability.
18    If a part of this act is found invalid, all valid parts that
19 are severable from the invalid part shall remain in effect. If a
20 part of this act is invalid in one or more of its applications,
21 the part remains in effect in all valid applications that are
22 severable from the invalid applications.
23 Section 7.   Effective date.
24    This act shall take effect in 60 days.
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