S.F No. 390, as introduced: 82nd Legislative Session (2001-2002) Posted on  Jan 26, 2001      1.1             A bill for an act    1.2             relating to education; providing for gender separated    1.3             wrestling teams; amending Minnesota Statutes 2000,    1.4             section 121A.04, subdivision 3; repealing Minnesota    1.5             Rules, part 3535.3200, subpart 4.    1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:    1.7      Section 1.  Minnesota Statutes 2000, section 121A.04,    1.8   subdivision 3, is amended to read:    1.9      Subd. 3.  [EXCEPTIONS.] (a) Notwithstanding any other state    1.10  law to the contrary, in athletic programs operated by    1.11  educational institutions or public services and designed for    1.12  participants 12 years old or older or in the 7th grade or above,    1.13  it is not an unfair discriminatory practice to restrict    1.14  membership on an athletic team to participants of one sex whose    1.15  overall athletic opportunities have previously been limited.    1.16     (b) When an educational institution or a public service    1.17  provides athletic teams for children 11 years old or younger or    1.18  in the 6th grade or below, those teams shall be operated without    1.19  restrictions on the basis of sex, except that when overall    1.20  athletic opportunities for one sex have previously been limited    1.21  and there is a demonstrated interest by members of that sex to    1.22  participate on a team restricted to members of that sex, the    1.23  educational institution or public service may provide a team    1.24  restricted to members of that sex.    1.25     (c) When two teams in the same sport are in fact separated    2.1   or substantially separated according to sex, the two teams shall    2.2   be provided with substantially equal budgets per participant,    2.3   exclusive of gate receipts and other revenues generated by that    2.4   sport, and in all other respects shall be treated in a    2.5   substantially equal manner.  However, nothing in this section    2.6   shall be construed to require the two teams to conduct combined    2.7   practice sessions or any other combined activities related to    2.8   athletics.    2.9      (d) If two teams are provided in the same sport, one of    2.10  these teams may be restricted to members of a sex whose overall    2.11  athletic opportunities have previously been limited, and members    2.12  of either sex shall be permitted to try out for the other team.    2.13     (e) Notwithstanding the provisions of paragraphs (a), (b),    2.14  and (d),  a wrestling team  must be restricted to members    2.15  of one sex whether or not the overall athletic opportunities of    2.16  that sex have previously been limited, provided that programs or    2.17  events are provided for each sex to the extent the educational    2.18  institution or public service determines that these programs or    2.19  events are necessary to accommodate the demonstrated interest of    2.20  each sex to participate in wrestling.    2.21     Sec. 2.  [REPEALER.]    2.22     Minnesota Rules, part 3535.3200, subpart 4, is repealed.