Nevada Democrats pass measure to fine school boards $5K a day for transgender sports bans

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FILE – In this July 8, 2020, file photo is the Nevada Assembly meeting on the first day of the 31st Special Session of the Nevada Legislature in Carson City, Nev. The Nevada Supreme Court said Thursday, April 21, 2022 that is is calling for more fact-finding hearings by a lower court judge on a Nevada Policy Research Institute lawsuit on whether public employees who are elected to the state’s part-time Legislature, be able to make the law and also enforce the law? The Nevada Constitution says a person can’t serve two elected offices or in multiple branches of government at the same time. (David Calvert via AP, Pool, File) David Calvert/AP

Nevada Democrats pass measure to fine school boards $5K a day for transgender sports bans

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Nevada’s state legislature passed a measure that would fine school boards $5,000 a day for restricting the access of biological boys to play on girls sports teams.

A bill establishing protocols for school boards was amended last week, late in the legislative process, to feature language barring them from limiting girls sports to biological girls.

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Per the controversial amendment, boards of trustees may not restrict inclusion in school facilities and activities due to “gender identity or expression.” If they do, “the Department may impose an administrative penalty of not more than $5,000 for each day that the policy is in effect.”

The initial legislation, Assembly Bill 423, earned bipartisan support with 40 votes in favor and none opposed.

However, after the amendment was introduced by state Democratic Sen. Fabian Donate last week and subsequently passed by the Democratic majority, the bipartisan support subsided.

According to state GOP Sen. Ira Hansen, the amendment was added without a hearing to an otherwise bipartisan measure.

https://twitter.com/Irahansen/status/1662530418908844033?s=20

He urged his colleagues to vote no on the bill until the amendment was reconsidered.

The final product was passed in the state Senate 12-8, with no Republicans voting in favor of it.

It will now return to the assembly where lawmakers may or may not signal their support for the added amendment before the bill heads to Gov. Joe Lombardo’s (R-NV) desk.

The Washington Examiner reached out to Lombardo’s office for comment.

The amendment was introduced after the Douglas County school board met earlier this month to consider a restriction on transgender students in girls bathrooms and activities. Ultimately, the board voted to postpone the proposal’s consideration until language was amended.

At the time, Donate sounded off on the issue, tweeting, “The discrimination of students to participate in school-based activities or restricting access to facilities is not only shocking, it’s inhumane. The state has an obligation to protect the civil rights of all students, regardless of their background or identity.”

https://twitter.com/fabiandonate/status/1658650550945083395?s=20

This comes as states across the country have taken action to restrict the inclusion of biological boys and men in girls and women’s sports. In response, the Biden administration has proposed a Title IX athletics rule that would penalize schools that outright ban students from playing on teams that don’t align with their biological sex.

The rule places restrictions on schools categorically banning “transgender students from participating on teams consistent with their gender identity.”

Instead, schools must develop their own criterion for participation “that serve important educational objectives, such as ensuring fairness in competition or preventing sports-related injury,” per the rule.

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If schools do not follow the rule, they would risk losing federal funds.

Due to the large number of public comments received, the administration has since postponed the new rule because “carefully considering and reviewing these comments takes time, and is essential to ensuring the final rule is enduring.”

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