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Code · Nebraska · Chapter 79 — Schools

79-3804. Athletic team or sport; designation; participation; restrictions.

544 words·~2 min read·/ne/chapter-79/79-3804

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For an interscholastic athletic team or sport sponsored by a public school, a private school whose students or teams compete against a public school in an interscholastic sport, or a private school that is a member of an athletic association, the team or sport shall be expressly designated as one of the following based on sex:
(a)Males, men, or boys;
(b)Females, women, or girls; or
(c)Coed or mixed.
(2)(a) For an interscholastic athletic team or sport sponsored by a public school, a private school whose students or teams compete against a public school in an interscholastic sport, or a private school that is a member of an athletic association, a team or sport designated for females, women, or girls shall not be open to a male student.
(b)For an interscholastic athletic team or sport sponsored by a public school, a private school whose students or teams compete against a public school in an interscholastic sport, or a private school that is a member of an athletic association, a team or sport designated for males, men, or boys shall not be open to a female student unless there is no female team offered or available for such sport for such female student.
(3)For an interscholastic athletic team or sport sponsored by a public postsecondary educational institution, a private postsecondary educational institution whose students or teams compete against a public postsecondary educational institution, or a private postsecondary educational institution that is a member of an athletic association, the team or sport shall be expressly designated as one of the following based on sex:
(a)Males, men, or boys;
(b)Females, women, or girls; or
(c)Coed or mixed.
(4)(a) For an interscholastic athletic team or sport sponsored by a public postsecondary educational institution, a private postsecondary educational institution whose students or teams compete against a public postsecondary educational institution, or a private postsecondary educational institution that is a member of an athletic association, a team or sport designated for females, women, or girls shall not be open to a male student.
(b)For an interscholastic athletic team or sport sponsored by a public postsecondary educational institution, a private postsecondary educational institution whose students or teams compete against a public postsecondary educational institution, or a private postsecondary educational institution that is a member of an athletic association, a team or sport designated for males, men, or boys shall not be open to a female student unless there is no female team offered or available for such sport for such female student.
(5)In order to participate in an interscholastic athletic team or sport that is designated for males, men, or boys or designated for females, women, or girls and that is sponsored by
(a)a public school or a public postsecondary educational institution or
(b)a private school or a private postsecondary educational institution subject to the Stand With Women Act, a student shall provide to such school or postsecondary educational institution confirmation of such student's sex on a document signed by a doctor or signed under the authority of a doctor.
(6)Nothing in this section shall be construed to restrict the eligibility of any student to participate in any interscholastic athletic teams or sports designated as coed or mixed.
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