Student eligibility in interscholastic sports., the official text

First Regular Session of the 124th General Assembly (2025)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.

 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.

  HOUSE ENROLLED ACT No. 1041

   AN ACT to amend the Indiana Code concerning higher education.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 21-18-13.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:

   Chapter 13.5. Athletic Teams and Sports
   Sec. 1. This chapter applies to the following:

      (1) An athletic team or sport that is organized, sanctioned, or
      sponsored by a state educational institution in which the
      students participating on the athletic team or in the sport
      compete against students participating on an athletic team or
      in a sport that is organized, sanctioned, or sponsored by
      another state educational institution or a private
      postsecondary educational institution.
      (2) An athletic team or sport that is organized, sanctioned, or
      sponsored by a private postsecondary educational institution
      that voluntarily competes against an athletic team or in a
      sport that is organized, sanctioned, or sponsored by a state
      educational institution.
   Sec. 2. (a) A state educational institution or private
postsecondary educational institution that organizes, sanctions, or
sponsors an athletic team or sport described in section 1 of this
chapter shall expressly designate the athletic team or sport as one
(1) of the following:

HEA 1041
                                    2

      (1) A male, men's, or boys' team or sport.
      (2) A female, women's, or girls' team or sport.
      (3) A coeducational or mixed team or sport.
   (b) A male, based on a student's biological sex at birth in
accordance with the student's genetics and reproductive biology,
may not participate on an athletic team or sport designated under
this section as being a female, women's, or girls' athletic team or
sport.
   Sec. 3. (a) A student or parent of a student may submit a
grievance to a state educational institution or private
postsecondary educational institution for a violation of section 2 of
this chapter.
   (b) Each state educational institution and private postsecondary
educational institution described in section 2 of this chapter shall
establish and maintain a grievance procedure for the resolution of
a grievance submitted under this section.
   Sec. 4. (a) If a state educational institution or private
postsecondary educational institution violates this chapter, a
student who is:
      (1) deprived of an athletic opportunity; or
      (2) otherwise directly or indirectly injured;
as a result of the violation may bring a civil action against the state
educational institution or private postsecondary educational
institution.
   (b) A state educational institution or private postsecondary
educational institution may not retaliate or otherwise take any
adverse action against a student for reporting a violation or
bringing a civil action for a violation of this chapter.
   Sec. 5. The court may award to a student who prevails in an
action under section 4 of this chapter any of the following:
      (1) Injunctive relief.
      (2) The greater of:

         (A) actual and consequential damages resulting from the
         violation; or
         (B) liquidated damages of not more than one thousand
         dollars ($1,000).
      (3) Costs and reasonable attorney's fees.
      (4) Any other appropriate relief determined by the court.
   Sec. 6. A state educational institution and a private
postsecondary educational institution are not subject to liability in:
      (1) a civil;
      (2) an administrative;

HEA 1041
                                    3

      (3) a disciplinary; or
      (4) a criminal;
action for acting in good faith in compliance with this chapter.
   SECTION 2. IC 34-30-2.1-292.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 292.5. IC 21-18-13.5-6
(Concerning state educational institutions and private
postsecondary educational institutions that comply with
requirements regarding athletic teams and sports).

HEA 1041
Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

HEA 1041