SB 211 - AS AMENDED BY THE SENATE
03/27/2025 1373s
2025 SESSION
25-0195
02/05
SENATE BILL 211
AN ACT relative to biological sex in student athletics.
SPONSORS: Sen. Avard, Dist 12; Sen. Lang, Dist 2; Sen. Innis, Dist 7; Sen. Ward, Dist 8; Sen. Abbas, Dist 22; Sen. McGough, Dist 11; Sen. Sullivan, Dist 18; Sen. Rochefort, Dist 1; Sen. Gannon, Dist 23; Sen. Pearl, Dist 17; Sen. McConkey, Dist 3; Rep. Kofalt, Hills. 32; Rep. Notter, Hills. 12; Rep. Pauer, Hills. 36; Rep. Sirois, Hills. 32
COMMITTEE: Education
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AMENDED ANALYSIS
This bill prohibits exclusion of student athletes solely based on the student's status as transgender or non-transgender from female-designated sports programs, subject to certain criteria, and requires that schools shall adopt policies to accommodate student athletes desiring increased privacy through access to single-stall restrooms or private changing areas.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/27/2025 1373s 25-0195
02/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to biological sex in student athletics.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Legislative Findings. The general court finds that:
I. The laws and the constitution of New Hampshire mandate that every young person have access to a comprehensive public education.
II. Sports programs are an essential part of a comprehensive public education.
III. Sports programs must be accessible, fair, and safe for all students.
IV. Athletics associations are best situated to determine eligibility requirements for participation in school sports programs.
2 New Sections; Participation in Sports Programs. Amend RSA 193 by inserting after section 38 the following new sections:
193:38-a Participation in Female-Designated Sports Programs. Under no circumstances should a student’s status as transgender or non-transgender be the sole basis for exclusion from any sports program. However, eligibility requirements for participation in a female-designated sports program shall not constitute unlawful discrimination under RSA 193:38 where criteria for participation include the following:
I. A requirement that a student identify in daily life activities as female;
II. A determination that a student is not participating as a female for the sole purpose of competitive advantage;
III. A requirement that, within a sports season, a student may not transfer from a coed or male-designated sports program to a female-designated sports program, or from a female-designated sports program to a male-designated sports program; or
IV. Any additional criteria which are substantially related to the achievement of an important educational objective, provided that the criteria have a factual basis related to the designated sport, level of competition, education level, or age of the students in the program.
193:38-b Student Athlete Privacy. No later than September 1, 2025, all schools shall adopt a policy setting forth reasonable terms on which any student participating in a sports program who has a need or desire for increased privacy, regardless of the underlying reason, may access a single-stall restroom or private changing area.
| Date | Amendment |
|---|---|
| March 26, 2025 | 2025-1373s |
| Date | Body | Type |
|---|---|---|
| March 4, 2025 | Senate | Hearing |
| March 27, 2025 | Senate | Floor Vote |
| March 27, 2025 | Senate | Floor Vote |
March 28, 2025: Introduced (in recess of) 03/27/2025 and referred to Education Policy and Administration HJ 11
March 27, 2025: Ought to Pass: RC 16Y-8N, MA; OT3rdg; 03/27/2025; SJ 9
March 27, 2025: Sen. Prentiss Floor Amendment # 2025-1373s, AF, VV; 03/27/2025; SJ 9
March 27, 2025: Special Order to the Beginning of the Regular Calendar, Without Objection; 03/27/2025; SJ 9
March 20, 2025: Committee Report: Ought to Pass, 03/27/2025, Vote 2-1; SC 14
Feb. 19, 2025: Hearing: 03/04/2025, Room 101, LOB, 09:30 am; SC 11
Jan. 23, 2025: Introduced 01/09/2025 and Referred to Education; SJ 3