Ark. Code § 6-1-107 : EDUCATION — GENERAL PROVISIONS — GENERAL PROVISIONS — GENERAL PROVISIONS —1-107 - Fairness in Women's Sports Act - Definition

(a) This section shall be known and may be cited as the "Fairness in Women's Sports Act".
(b)
(1) As used in this section, "school" means:
(A) A public elementary or secondary school;
(B) An open-enrollment public charter school; and
(C) A public two-year or four-year institution of higher education.
(2) "School" includes a private educational institution whose interscholastic, intercollegiate, intramural, or club athletic teams or sports compete against a public school.
(c) Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a school shall be expressly designated as one (1) of the following based on biological sex:
(1) "Male", "men's", or "boys";
(2)
(A) "Female", "women's", or "girls".
(B) An interscholastic, intercollegiate, intramural, or club athletic team or sport that is expressly designated for females, women, or girls shall not be open to students of the male sex; or
(3) "Coed" or "mixed".
(d) A state government entity, licensing or accrediting organization, or athletic association or organization shall not undertake any of the following with respect to a school that maintains separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex:
(1) Accept a complaint concerning gender bias;
(2) Open an investigation; or
(3) Take any other adverse action against the school.
(e) A student who is:
(1) Deprived of an athletic opportunity or suffers a direct or indirect harm as a result of a violation of this section shall have a private cause of action against the school for:
(A) Injunctive relief;
(B) Damages, including without limitation:
(i) Monetary damages for any psychological, emotional, or physical harm; and
(ii) Reasonable attorney's fees and costs; and
(C) Any other relief available under the law; or
(2) Subject to retaliation or other adverse action by a school or athletic association or organization as a result of reporting a violation of this section to an employee or representative of the school or athletic association or organization, or to a state or federal agency with oversight of schools, shall have a private cause of action against the school or athletic association or organization for:
(A) Injunctive relief;
(B) Damages, including without limitation:
(i) Monetary damages for any psychological, emotional, or physical harm; and
(ii) Reasonable attorney's fees and costs; and
(C) Any other relief available under law.
(f) A school that suffers a direct or indirect harm as a result of a violation of this section shall have a private cause of action against the state government entity, licensing or accrediting organization, or athletic association or organization for:
(1) Injunctive relief;
(2) Damages, including without limitation:
(A) Monetary damages for any psychological, emotional, or physical harm; and
(B) Reasonable attorney's fees and costs; and
(3) Any other relief available under the law.
(g) A civil action initiated under subsection (e) or subsection (f) of this section shall be commenced within two (2) years after the harm occurred.

Ark. Code § 6-1-107

Added by Act 2021, No. 461,§ 2, eff. 7/28/2021.
SECTIONS