Student Eligibility in Interscholastic Activities

Wyo. Stat. Ann. tit. 21, ch. 25
in effect

Wyo. Stat. Ann. § 21-25-101 Definitions.

(a) As used in this chapter: (i) "Coed" or "mixed" means that a team is composed of members of both sexes who traditionally compete together; (ii) "Interscholastic athletic activity" means that a student represents the student's school in a Wyoming high school activities association sanctioned sport; (iii) "School" means a school consisting of grades seven (7) through 12 (twelve), or any combination of grades within this range, as determined by the plan of organization by the school district board of trustees; (iv) "Sex" means the biological, physical condition of being male or female, determined by an individual's genetics and anatomy at birth.

Wyo. Stat. Ann. § 21-25-102 Participation in school athletic activities.

(a) A public school or a private school that competes against a public school shall expressly designate school athletic activities and teams as one (1) of the following based on sex: (i) Designated for students of the male sex; (ii) Designated for students of the female sex; or (iii) Coed or mixed. (b) A student of the male sex shall not compete, and a public school shall not allow a student of the male sex to compete, in an athletic activity or team designated for students of the female sex. (c) A government entity or licensing or accrediting organization shall not entertain a complaint, open an investigation or take any other adverse action against a school described in subsection (a) of this section for maintaining separate school athletic activities and teams for students of the female sex. (d) Nothing in this section shall be construed to: (i) Restrict the eligibility of any student to participate in any interscholastic athletic activity designated for students of the male sex or designated as coed or mixed; or (ii) Prohibit a school from permitting males to train or practice with an interscholastic athletic activity that is designated for females so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution or any other benefit that accompanies participating in the interscholastic athletic activity. (e) A government entity, any licensing or any athletic association shall not retaliate or take any adverse action against: (i) A school for maintaining separate athletic teams or sports for students of the female sex; or (ii) A student if the student or the parent or guardian of a student requests a contested case pursuant to subsection (f) of this section or that reports a violation of this section to an employee or representative of the school or athletic association. (f) Any student or parent or guardian of a student aggrieved by an act of a government entity, school, athletic association or licensing or accrediting organization for failing to enforce the provisions of this act, may seek review in accordance with the Wyoming Administrative Procedures Act. In accordance with W.S. 16-3-112, review of a decision of a government entity, school, athletic association or licensing or accrediting organization under this subsection shall be before the state board of education.

Wyo. Stat. Ann. § 21-25-201 Definitions.

(a) As used in this article: (i) "Athletic association" means an association that governs or regulates a student's participation in an athletic interscholastic activity; (ii) "Commission" means the school activity eligibility commission created in W.S. 21-25-203; (iii) "Female-designated" means an interscholastic activity that is designated specifically for female students; (iv) "Gender-designated" means an interscholastic activity or facility that is designated specifically for female or male students; (v) "Gender identity" means as stated in the Diagnostic and Statistical Manual. A person's gender identity can be shown by providing evidence, including but not limited to medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity or the evidence that the gender identity is sincerely held, part of a person's core identity and not being asserted for an improper purpose; (vi) "Interscholastic activity" means an activity in which a student represents the student's school in the activity in competition against another school; (vii) "Male-designated" means an interscholastic activity that is designated specifically for male students; (viii) "Student" means a student who is enrolled in grades seven (7) through twelve (12) of a public school that participates in interscholastic activities; (ix) "This article" means W.S. 21-25-201 through 21-25-204.

Wyo. Stat. Ann. § 21-25-202 Effect contingent on court ruling.

This article is effective only during the period when a court of competent jurisdiction has invalidated or enjoined W.S. 21-25-102. The attorney general shall, within thirty (30) days of the date of any invalidation or enjoinder, notify the governor who shall certify to the office of the secretary of state that this article is effective. If at any point the invalidation or enjoinder is lifted, the attorney general shall, within thirty (30) days of the invalidation or enjoinder being lifted, notify the governor who shall certify to the office of the secretary of state that this article is no longer effective and W.S. 21-25-102 is effective.

Wyo. Stat. Ann. § 21-25-203 School activity eligibility commission.

(a) There is created the school activity eligibility commission. (b) The commission shall consist of five (5) members appointed by the Wyoming high school activities association within thirty (30) days following this article becoming effective pursuant to W.S. 21-25-202 and who may be removed by the Wyoming high school activities association. The members shall be residents of the state of Wyoming and shall consist of: (i) A current or former athletic director or coach; (ii) A mental health professional; (iii) A parent of a current student; (iv) Two members at large. (c) All members of the commission shall be required to constitute a quorum of the commission for the determination of the eligibility of a student. A majority of the commission constitutes a quorum for any other purpose. (d) An action of a majority of a quorum constitutes an action of the commission. (e) The members of the commission shall elect a chairman from among their membership. Appointments by the Wyoming high school activities association shall be made within thirty (30) days of expiration of membership terms. Each member shall serve a three (3) year term. A vacancy on the commission shall be filled for the unexpired term by the Wyoming high school activities association. (f) The chairman of the commission shall: (i) Schedule meetings of the commission; (ii) Set the agenda of commission meetings; and (iii) Facilitate discussion among the commission's members. (g) Members of the commission shall serve without salary but shall receive per diem and mileage or actual expenses for attending meetings in the manner and amounts provided by law for state employees. Members who are government employees shall be considered on official business of their agency when performing duties as members of the commission. (h) The commission shall promulgate rules to determine eligibility based on physical characteristics for the age and gender group in a given gender-designated interscholastic activity including height, weight, physical characteristics relevant to the application of the standard described in W.S. 21-25-204 and other relevant factors. (j) Any record of the commission, including any communication between an athletic association and the commission, that relates to a specific student is not a public record for purposes of the Public Records Act, W.S. 16-4-201 through 16-4-205 and shall not be available for inspection under that Act. (k) The commission has no authority in relation to eligibility questions other than participation in a gender-designated interscholastic activity under this article. (m) Necessary clerical and administrative support for the commission shall be furnished by the Wyoming department of education. (n) Any person, who serves on the commission or on the Wyoming high school activities association is immune from any liability arising from complying with or administering this act. This immunity shall apply to any health care provider as defined in W.S. 35-31-101(a)(iii) that assists the commission in making eligibility determination in accordance with this act. Nothing in this subsection shall be construed to limit any other immunity available under law.

Wyo. Stat. Ann. § 21-25-204 Eligibility for interscholastic activities.

(a) Notwithstanding any state board rule or policy of an athletic association, and except as provided in subsections (b) and (c) of this section: (i) Once a student has obtained the eligibility approval of the commission under subsection (d) of this section, the student may participate in a gender-designated interscholastic activity that does not correspond with the sex designation on the student's birth certificate; or (ii) If a student does not obtain the eligibility approval of the commission under subsection (d) of this section, the student shall not participate in a gender-designated interscholastic activity that does not correspond with the sex designation on the student's birth certificate. (b) A student who has undergone or is undergoing a gender transition shall obtain the eligibility approval of the commission under subsection (d) of this section before participating in a gender-designated interscholastic activity that does not correspond with the student's biological sex. (c) Nothing in this subsection prohibits a student from participating in a gender-designated interscholastic activity in accordance with 34 C.F.R. 106.41(b) as of December 31, 2022. (d) When a student registers to participate in a gender-designated interscholastic activity: (i) A student who has undergone or is undergoing a gender transition shall notify the athletic association of the student's transition and the need for the commission's eligibility approval as described in subsection (b) of this section; (ii) The athletic association shall notify the commission of a student for whom an eligibility determination of the commission is required due to the sex designation on the student's birth certificate not corresponding with the gender-designation of the gender-designated interscholastic activity in which the student seeks to participate or the student's notice of a gender transition under paragraph (a)(ii) of this section; (iii) The commission shall notify the student described in paragraphs (i) and (ii) of this subsection regarding the process for determining the student's eligibility for the activity under this section. (e) The commission shall: (i) Schedule a closed meeting to consider a student's eligibility to be held within thirty (30) days after the day on which the commission receives the notification described in subsection (d) of this section; and (ii) Notify the relevant athletic association and the student's parents or legal guardians of the scheduled meeting. (f) Before the meeting described in subsection (e) of this section: (i) The student for whom the commission has scheduled the meeting or the student's parent or guardian may submit to the commission any information the student wishes to disclose to the commission that may be relevant to the commission's eligibility determination, including information regarding: (A) The gender-designated interscholastic activities for which the student seeks eligibility; (B) The gender-designated interscholastic activities in which the student has previously participated; and (C) The student's physical characteristics or medical treatments that support the student's eligibility for the specific gender-designated interscholastic activity. (ii) The commission may request additional evidence from the student that is: (A) Limited to the extent possible to protect the student's privacy; and (B) Only directly relevant to the commission's eligibility determination. (iii) The commission shall cover the cost of a diagnostic assessment if the commission makes a request for medical information under paragraph (ii) of this subsection for which the student's insurance does not provide coverage or reimbursement for the diagnostic that: (A) Would provide the requested information; and (B) Is not free or otherwise readily available without additional expense to the student. (g) During the meeting described in subsection (e) of this section: (i) Only the following persons may be present or participate electronically: (A) The student for whom the commission is meeting to make an eligibility determination; (B) The student's parents or guardians; (C) The members and necessary staff of the commission; and (D) Any medical professionals or other witnesses the student chooses to include to support the student's eligibility. (ii) Attendees may participate in person or electronically; (iii) The commission shall: (A) Hear the information that supports the student's eligibility; (B) Render the commission's eligibility determination in accordance with subsection (h) of this section or request additional information and schedule an additional commission meeting to be held within thirty (30) days of the meeting and in accordance with this subsection to discuss the additional information and render the commission's eligibility determination. (h) In making an eligibility determination the commission shall: (i) Make a determination regarding whether, when measured against the eligibility criteria established by rule of the commission, granting the student's eligibility would: (A) Present a substantial safety risk to the student or others that is significantly greater than the inherent risks of the given activity; or (B) Likely give the student a material competitive advantage when compared to students of the same age competing in the relevant gender-designated activity, including consideration of the student's previous history of participation in gender-designated interscholastic activities. (ii) Record the commission's decision and rationale in writing and provide the written decision to the student within thirty (30) days after the day on which the commission renders an eligibility decision. (j) Notwithstanding any other provision of law and except as provided in subsections (h) and (k) of this section, the commission shall not disclose: (i) The name of a student whose eligibility the commission will consider, is considering, or has considered; (ii) The commission's determination regarding a student's eligibility. (k) The commission shall disclose the commission's determination of a student's eligibility for a given gender-designated interscholastic activity to the relevant athletic association, only for the purpose of confirming whether the student is eligible for the interscholastic activity. (m) Notwithstanding any other provision of law, no athletic association shall disclose the information described in paragraphs (j)(i) and (ii) of this section. (n) Nothing in subsections (k) or (m) of this section prohibits an athletic association from affirming that a student is eligible if the eligibility of a student is questioned.

Wyo. Stat. Ann. § 21-25-301 Intercollegiate athletic competitions based on biological sex.

(a) As used in this section: (i) "Athletic competition" means any intercollegiate athletic display between teams or persons, including a contest, exhibition, performance or sport; (ii) "Educational institution" means the University of Wyoming and each Wyoming community college; (iii) "Female" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes eggs for fertilization; (iv) "Individual sport" means an athletic activity where participants compete as individuals for a time, score or result, regardless of whether their individual time, score or result contributes to an overall team score; (v) "Male" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm for fertilization. (b) Except as provided in subsection (c) of this section, no educational institution shall allow: (i) A student to compete in an athletic competition sponsored or authorized by the educational institution that is designated for the sex opposite to the student's sex; (ii) A male student to compete in an athletic competition that is mixed-sex in a position that is designated by rule or procedure for female students; (iii) Participation in any athletic competition designated for students of the female sex with or against a team that the educational institution knows has on the team a student of the male sex; (iv) Except as provided by subsection (c) of this section, in the case of an individual sport, students of the female sex to directly compete against a student that the educational institution knows is a student of the male sex if the educational institution determines that the competition would be unsafe or unfair to the students of the female sex. (c) An educational institution may allow a female student to compete in an athletic competition that is designated for male students if a corresponding athletic competition designated for female students is not offered or available. (d) For purposes of this section, a statement of a student's sex on the student's official birth certificate is considered to have correctly stated the student's sex only if the statement was entered at or near the time of the student's birth or modified to correct a clerical error in the student's sex. (e) No educational institution shall retaliate against a person for reporting a violation of this section. An educational institution may discipline a student or employee of the institution for making a false report of a violation of this section. (f) A person shall have a private civil cause of action against an educational institution for any violation of this section. An action filed pursuant to this section shall be subject to W.S. 1-39-113 and 1-39-114. The liability of an educational institution for any violation of this section shall not exceed fifty thousand dollars ($50,000.00). (g) A person may seek declaratory and injunctive relief against an educational institution for any violation of this section. The court may order injunctive or other equitable relief. The court may award the prevailing party reasonable attorney's fees and costs. (h) The University of Wyoming and the Wyoming community college commission shall promulgate rules to implement this section. Rules adopted under this subsection shall ensure compliance with state and federal law regarding the confidentiality of student medical information.

Wyo. Stat. Ann. § 21-25-401 Amateur status requirements.

(a) A student who represents a Wyoming high school in a sport or activity sanctioned by the Wyoming high school activities association shall be an amateur in that sport or activity as provided in this section. (b) Except as otherwise provided in subsection (c) of this section, a student forfeits amateur status in a sport or activity by: (i) Competing for or accepting money or other monetary compensation for competing in that sport or activity; (ii) Receiving any award or prize of monetary value for competing in that sport or activity that exceeds the amount that has been approved by the Wyoming high school activities association; (iii) Capitalizing on the student's athletic fame or the student's name, image or likeness by receiving money, gifts of monetary value, merchandise or other consideration related to competing in that sport or activity; (iv) Signing a professional playing contract in that sport or activity. This paragraph shall not prohibit signing a letter of intent or similar document to commit to a college, provided that no compensation is paid in any manner while the student is participating in the sport or activity. (c) The following activities do not forfeit amateur status under this section: (i) Accepting money or other monetary compensation provided by a family member to a student to encourage the student to participate in the sport or activity; (ii) Accepting money or other monetary compensation for the time required for participation in the sport or activity in a competition, camp or event that is not sanctioned by the Wyoming high school activities association if the amount of the payment does not exceed an amount specified by the Wyoming high school activities association. If prize money is available in the competition, the student or the student's parent or guardian shall complete a written declaration prior to the competition that specifies that the student, and the student's parent or guardian if applicable, will not accept any prize money and will only accept awards that do not exceed the awards amount authorized by the Wyoming high school activities association. This paragraph shall not authorize the payment of any money or monetary compensation that is contingent upon the student's or the team's finish or performance or that is given as an incentive to achieve a specific goal or performance. Nothing in this paragraph shall be deemed to authorize the payment of any money or monetary compensation for participating in events sanctioned by the Wyoming high school activities association or for competing for or on behalf of a Wyoming high school; (iii) Accepting necessary meals, lodging and transportation to play in a competition for a sport or activity; (iv) Accepting a nominal fee or salary for instructing, supervising or officiating in an organized youth sports program, recreation or playground activity; (v) A school sponsored membership or fee that is paid for the student to participate in a youth serving agency, athletic club, community recreation center, instructional program, camp or similar program if the fee is paid directly to the program or agency; (vi) Receiving an award, playing equipment, prize of monetary value or other consideration that does not exceed the awards amount authorized by the Wyoming high school activities association; (vii) Receiving nonmonetary benefits or awards provided to members of an Olympic team or junior national team beyond actual and necessary expenses, including entertainment, equipment, clothing, long distance telephone service, internet access and any other item or service for which it can be demonstrated that the same benefit is available to all members of the nation's Olympic or junior national team or the specific Olympic or junior national team in question; (viii) Accepting funds that are administered by the United States Olympic committee pursuant to its operation gold program; (ix) Participating in member school, charitable or educational promotions or fund raising activities that involve the use of athletic ability by student-athletes to obtain funds from donors, including swim-a-thons, lift-a-thons, shoot-a-thons or other similar events, provided no compensation or prizes are given to the student-athletes based on their performance. Items that are provided to indicate participation in the activity including shirts, bags or other similar items shall not waive amateur status if the items are offered to every student-athlete involved; (x) Accepting scholarship funds, provided the funds are paid directly to a postsecondary institution and the funds are not available until after the student has graduated from high school. (d) Violation of this section shall result in the student becoming ineligible to participate in the sport or activity concerned.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title21.pdfFetched: 10/4/2026