HB261 Alabama 2023 Session

Summary

Primary Sponsor

Susan DuBoseRepresentative

Republican

Session

Regular Session 2023

Title

Relating to two-year and four-year public institutions of higher education; to amend Section 16-1-52, Code of Alabama 1975, to prohibit a biological male from participating on an athletic team or sport designated for females; to prohibit a biological female from participating on an athletic team or sport designated for males; to prohibit adverse action against a public K-12 school or public two-year or four-year institution of higher education for complying with this act; to prohibit adverse action or retaliation against a student who reports a violation of this act; and to provide a remedy for any student who suffers harm or is directy deprived of an athletic opportunity as a result of a violation of this act.

Summary

HB261 would require public two-year and four-year colleges in Alabama to prohibit biological males from female-designated teams and biological females from male-designated teams, with protections for schools and students who comply or report violations and a private remedy for harmed students.

What This Bill Does

It amends Section 16-1-52 to require public higher education institutions to prohibit biological males from participating on female-designated teams and biological females from participating on male-designated teams. It reinforces the use of separate sex-based teams for fairness and safety and clarifies that coed events are not restricted. It bars government entities, licensing or accrediting organizations, or athletic associations from taking adverse action against schools for complying or for students reporting violations. It creates a private right of action for students harmed or deprived of athletic opportunities, with remedies including injunctive relief, damages, attorney fees, and other relief, and imposes a two-year deadline to file such actions. It provides immunity for employees acting in compliance and sets the effective date as the first day of the third month after passage, while not restricting eligibility on coed or mixed teams.

Who It Affects

• Public K-12 schools and public two-year or four-year institutions of higher education in Alabama would be required to enforce the cross-sex participation restrictions for athletic teams and would be protected from adverse actions for complying or responding to reports of violations.
• Students in public K-12 schools or public higher education who participate in sports or report potential violations would have protections against retaliation and could pursue a private civil action to seek remedies if they are harmed or denied athletic opportunities.

Key Provisions

• Amends Section 16-1-52 to prohibit biological males from participating on female-designated teams and biological females from participating on male-designated teams at public two-year or four-year colleges and universities.
• Public K-12 athletic participation restrictions remain, with higher education newly bound to similar cross-sex participation rules for college teams.
• Prohibits adverse action by governmental entities, licensing or accrediting bodies, or athletic associations against schools for complying with the act or for students reporting violations.
• Creates a private right of action for students harmed or deprived of athletic opportunities, allowing injunctive relief, damages, attorney fees, and other remedies, with a two-year filing limit.
• Provides immunity for employees, officers, and related personnel acting in compliance with the act.
• Notably, events or eligibility on coed or mixed teams are not restricted by this act (coed/mixed eligibility remains possible).
• Effective date: the first day of the third month after the act is passed.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.