KRS 164.2813: Postsecondary education institution -- Designation of teams -- Eligibility

to play.

(1) (a) A public postsecondary education institution or private postsecondary

education institution that is a member of a national intercollegiate athletic

association shall designate all intercollegiate and intramural athletic teams,

activities, sports, and events that are sponsored or authorized by the institution

as one (1) of the following categories:

1. "Men's";

2. "Coed"; or

3. "Women's."

(b) 1. A public postsecondary education institution or private postsecondary

education institution that is a member of a national intercollegiate

athletic association shall prohibit a member of the male sex from

competing in any intercollegiate or intramural athletic tea m, activity,

sport, or event designated as "women's."

2. Nothing in this section shall be construed to restrict the eligibility of any

student to participate in an athletic activity or sport designated as

"men's" or "coed."

(2) The sex of a student for the purpose of determining eligibility to participate in an

athletic activity or sport or to use an athletic facility designated for the exclusive use

of a single sex shall be determined by:

(a) A student's biological sex as indicated on the student's origina l, unedited birth

certificate issued at the time of birth; or

(b) An affidavit signed and sworn to by a physician, physician assistant, advanced

practice registered nurse, or chiropractor under penalty of perjury establishing

the student's biological sex at the time of birth.

(3) A government entity, licensing or accrediting organization, or athletic association or

organization shall not entertain a complaint, open an investigation, or take any other

adverse action against a postsecondary education institut ion for maintaining a

separate interscholastic or intramural athletic team, activity, sport, or event for

members of the female sex.