Be it enacted by the people of the State of Colorado,

SECTION 1. Legislative Declaration. The people of the State of Colorado hereby
find and declare;

(1) Males and females possess unique and immutable biological differences that
manifest prior to birth and increase as they age and experience puberty;
(2) Biological differences between the sexes are enduring and may, in some
circumstances, warrant the creation of separate social, educational, athletic, or other
arrangements in order to ensure safety and to allow members of each sex to succeed
and thrive;
(3) Physical differences between males and females have long made separate and
sex-specific sports teams important so that female athletes can have equal opportunities
to compete in sports while reducing the risk of physical injury; and
(4) Because of the physical differences between males and females, having separate
athletic teams based on the biological sex of the athlete reduces the chance of injury
to female athletes, promotes equality between the sexes, provides opportunities for
female athletes to compete against their female peers rather than against male athletes,
and allows female athletes to compete on a fair playing field for athletic
accomplishments, including educational scholarships.

SECTION 2. In Colorado Revised Statutes, add article 60 to title 25 as follows:

25-60-101. Short Title. ARTICLE 60 OF THIS TITLE SHALL BE KNOWN AND MAY BE CITED
AS THE “PROTECT WOMEN AND GIRLS SPORTS ACT.”

25-60-102. Definitions: AS USED IN THIS ARTICLE 60, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(1) “ATHLETIC ASSOCIATION” MEANS A CORPORATION, ASSOCIATION, OR
ORGANIZATION WHICH HAS AS ONE OF ITS PRIMARY PURPOSES THE SPONSORING OR
ADMINISTRATION OF EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC CONTESTS OR
COMPETITIONS.
(2) “BOY” MEANS AN ADOLESCENT HUMAN MALE.
(3) “ FEMALE” MEANS A PERSON WHOSE BIOLOGICAL REPRODUCTIVE SYSTEM IS
ORGANIZED AROUND THE PRODUCTION OF OVA. FEMALE INCLUDES A WOMAN AND
A GIRL.
(4) “GIRL” MEANS AN ADOLESCENT HUMAN FEMALE.
(5) “MALE” MEANS A PERSON WHOSE BIOLOGICAL REPRODUCTIVE SYSTEM IS
ORGANIZED AROUND THE PRODUCTION OF SPERM. MALE INCLUDES A MAN AND A BOY.
(6) “MAN” MEANS AN ADULT HUMAN MALE.
(7) “POSTSECONDARY EDUCATIONAL INSTITUTION” MEANS A PUBLIC OR PRIVATE
UNIVERSITY, COLLEGE, OR COMMUNITY COLLEGE LOCATED IN COLORADO THAT IS A
MEMBER INSTITUTION OF AN ACCREDITING BODY RECOGNIZED BY THE UNITED STATES
DEPARTMENT OF EDUCATION.
(8) “SCHOOL” MEANS ANY
(a) PUBLIC, CHARTER, PRIVATE, OR DENOMINATIONAL SCHOOL OFFERING INSTRUCTION
IN ELEMENTARY OR SECONDARY GRADES OR
(b) POSTSECONDARY EDUCATIONAL INSTITUTION.
(9) “STATE AGENCY” MEANS ANY STATE BOARD, BUREAU, COMMISSION, DEPARTMENT,
INSTITUTION, DIVISION, SECTION, OR OFFICER OF THE STATE, EXCEPT THOSE IN THE
LEGISLATIVE BRANCH OR JUDICIAL BRANCH.
(10) “WOMAN” MEANS AN ADULT HUMAN FEMALE.

25-60-103. Men’s and women’s sports teams.
(1) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT THAT IS SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION SHALL BE EXPRESSLY DESIGNATED AS ONE OF THE FOLLOWING BASED ON BIOLOGICAL SEX:
(a) MALES, MEN, OR BOYS;
(b) FEMALES, WOMEN, OR GIRLS; OR
(c) COEDUCATIONAL OR MIXED.
(2)(a) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT SPONSORED
BY A SCHOOL OR ATHLETIC ASSOCIATION THAT IS DESIGNATED FOR FEMALES, WOMEN,
OR GIRLS SHALL NOT BE OPEN TO A MALE STUDENT OR PARTICIPANT.
(b) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT
SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION AND DESIGNATED FOR MALES,
MEN, OR BOYS SHALL NOT BE OPEN TO A FEMALE STUDENT OR PARTICIPANT UNLESS
THERE IS NO FEMALE TEAM OFFERED OR AVAILABLE FOR SUCH SPORT FOR SUCH FEMALE
STUDENT OR PARTICIPANT.
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT THE ELIGIBILITY OF ANY STUDENT OR PARTICIPANT TO PARTICIPATE IN ANY INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAMS OR SPORTS DESIGNATED AS COEDUCATIONAL OR MIXED.
(4) A GOVERNMENT ENTITY, LICENSING OR ACCREDITING ORGANIZATION, OR
ATHLETIC ASSOCIATION MAY NOT ENTERTAIN A COMPLAINT, OPEN AN INVESTIGATION, OR TAKE ANY OTHER ADVERSE ACTION AGAINST A SCHOOL FOR MAINTAINING A SEPARATE INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT FOR FEMALE STUDENTS OR PARTICIPANTS.

25-60-104. Enforcement by the Commissioner of Education.
(1) THE GOVERNING BODY OF EACH SCHOOL MUST ADOPT A POLICY IMPLEMENTING
THE PROVISIONS OF THIS ARTICLE.
(2) IF THE COMMISSIONER OF EDUCATION DETERMINES THAT ANY SCHOOL
DISTRICT AS DEFINED IN SECTION 22-30-103(13) HAS INTENTIONALLY REFUSED TO
COMPLY WITH THIS ARTICLE, THE COMMISSIONER SHALL NOTIFY THE SCHOOL DISTRICT
OF THE NONCOMPLIANCE AND ALLOW THE SCHOOL DISTRICT A REASONABLE TIME TO
COMPLY. IF THE COMMISSIONER DETERMINES, AFTER SUCH TIME HAS ELAPSED, THAT
THE SCHOOL DISTRICT IS NOT IN COMPLIANCE AND HAS NOT MADE A GOOD-FAITH
ATTEMPT TO COMPLY, THE COMMISSIONER SHALL TAKE APPROPRIATE REMEDIAL
ACTION WITHIN THE COMMISSIONER'S AUTHORITY.

25-60-105. Protections under the Americans with Disabilities Act.
NOTWITHSTANDING ANY OTHER PROVISION WITHIN THISARTICLE, AN INDIVIDUAL
BORN WITH A DIAGNOSIS OF A DISORDER OR DIFFERENCE IN SEX DEVELOPMENT
MUST RECEIVE ALL LEGAL PROTECTIONS AND ACCOMMODATIONS AFFORDED UNDER
FEDERAL LAW.

25-60-106. Severability. IF ANY SECTION IN THIS ACT OR ANY PART OF ANY SECTION IS
DECLARED INVALID OR UNCONSTITUTIONAL, THE DECLARATION SHALL NOT AFFECT
THE VALIDITY OR CONSTITUTIONALITY OF THE REMAINING PORTIONS.

SECTION 3. Effective Date. This measure shall become effective on January 1, 2027.