Massachusetts Interscholastic Athletic Association

Massachusetts Interscholastic Athletic Association

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M.G.L. c. 76, sec. 5

Summary

Massachusetts schools must also be familiar with M.G.L. c. 76, sec. 5. This statute, which also protects students from discrimination based on sex, was expanded to protect students based on gender identification. As a result of this law, and consistent with the interpretive guidance offered by the Department of Elementary and Secondary Education, students are entitled to be accepted by their schools as the gender with which they identify across all school programs. This means that athletic opportunities must be afforded to students in accordance with their identified gender, not necessarily their birth assigned gender.

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Students who identify as transgender or nonbinary may not always reveal their gender identification to their parents. Concerns regarding transgender and nonbinary student-athletes should be approached on an individual basis with flexibility and sensitivity. Schools may also want to seek counsel from their school district’s attorney for guidance when such situations arise.

43. Gender and Participation

  • A student shall not be excluded from participation on a gender-specific sports team that is consistent with the student’s bona fide gender identity.
  • When a school district submits a roster to the MIAA, it is verifying that it has determined that the students listed on a gender-specific sports team are eligible to participate either based on the gender listed on their official birth certificate or based on their bona fide gender identity and that no students are included on the roster solely for the purpose of gaining an unfair advantage in competitive athletics. The MIAA shall defer to the determination of the student and the student’s school regarding gender classification.