Kim MonsonKim Monson · Colorado Voter's Guide 2026
Proposition
134
Initiative 109
On the November 2026 ballot

Proposition 134 (Initiative 109): designating school sports teams by biological sex

Proposition 134 would require school and athletic-association sports teams to be designated male, female or coeducational based on biological sex. Male students could not join female teams. Female students could join male teams only when no female team in that sport is offered or available to them. An individual born with a diagnosis of a disorder or difference in sex development would retain all legal protections and accommodations under federal law, despite any other provision of the measure.
Kim's recommendation
YES
Kim's recommendation
YES
Vote Yes Concerning Male and Female Participation in School Sports
Kim's Reasoning:

It is Nature’s law that male and female are two distinct sexes with biological and physical differences. It is important that female spaces are protected from male intrusion into those spaces. Therefore it is just common sense that biological boys and men compete with boys and men in school sports and biological girls and women compete with girls and women in school sports unless the teams are clearly coed. Separate athletic teams based on biological sex reduces the chance of injury to female athletes, promotes equality between the sexes, provides opportunities for female athletes to compete against their female peers, and allows female athletes to compete on a fair playing field for athletic accomplishments and educational scholarships. VOTE YES CONCERNING MALE AND FEMALE PARTICIPATION IN SCHOOL SPORTS.

Kim Monson
Kim Monson
Host, The Kim Monson Show · President, Colorado Union of Taxpayers · Colorado Voter's Guide 2026
Certified ballot question
Certified ballot title

Shall there be a change to the Colorado Revised Statutes creating new law restricting participation in all K-12 and collegiate school sports based on the participant’s sex as determined by certain aspects of their biological reproductive system, and, in connection therewith, requiring a school, institution of higher education, or athletic association to designate each school or intramural athletic team or sport as male, female, or coeducational; only allowing participants to compete on the team or sport of their designated sex or to compete on a coeducational team; creating an exception to allow a female to participate on a male-designated team or sport if there is no female team available; prohibiting a government entity, licensing or accrediting organization, or athletic association from entertaining a complaint, opening an investigation, or taking other adverse action against a school for maintaining separate teams or sports for females; and providing the commissioner of education with the authority to enforce the proposed initiative for K-12 school districts?

A yes vote means

School and athletic-association sports teams must be designated male, female or coeducational based on biological sex. Male students cannot join female teams. Female students can join male teams only when no female team in that sport is offered or available to them. An individual born with a diagnosis of a disorder or difference in sex development retains all legal protections and accommodations under federal law, despite any other provision of the measure.

A no vote means

Current law remains in effect.

Key facts
Takes effect
January 1, 2027
TABOR refunds
No change
Estimated for fiscal years 2026–27 and 2027–28.
Added state appropriations
$0 estimated
Fiscal years 2026–27 and 2027–28. Assumes district compliance and minimal enforcement costs; colleges would use institutional revenue for policy changes.
Sunset

The measure would take effect on January 1, 2027. It has no expiration date.

TABOR treatment

The measure sets no tax, rate or fee. Table 1 of the September 2, 2025 fiscal impact statement shows no change in TABOR refunds in FY 2026-27 or FY 2027-28. Colorado issues TABOR refunds when state revenue exceeds the constitutional limit.

Cost signal

Table 1 of the fiscal impact statement shows $0 in state revenue, $0 in state expenditures, $0 in transferred funds, no change in TABOR refunds and no new state staff in FY 2026-27 and FY 2027-28. The note says its estimate assumes that school districts will comply and that enforcement costs will be minimal.

The measure01

The measure designates every team by biological sex

Proposition 134 would add a new article to Title 25 of the Colorado Revised Statutes, which contains the state's public health laws. The article is titled the "PROTECT WOMEN AND GIRLS SPORTS ACT". Each interscholastic or intramural team or sport sponsored by a school or athletic association "SHALL BE EXPRESSLY DESIGNATED AS ONE OF THE FOLLOWING BASED ON BIOLOGICAL SEX": males, men or boys; females, women or girls; or coeducational or mixed. The measure defines a female as "A PERSON WHOSE BIOLOGICAL REPRODUCTIVE SYSTEM IS ORGANIZED AROUND THE PRODUCTION OF OVA" and a male as "A PERSON WHOSE BIOLOGICAL REPRODUCTIVE SYSTEM IS ORGANIZED AROUND THE PRODUCTION OF SPERM". The measure's legislative declaration says separate teams based on biological sex "reduces the chance of injury to female athletes, promotes equality between the sexes". The measure would take effect January 1, 2027. A no vote leaves current law unchanged.

Michele Austin and Erin Lee are the designated representatives for Proposition 134, which qualified by petition. The measure covers public, charter, private and denominational elementary and secondary schools, accredited public and private colleges, and athletic associations.

Who placed it on the ballot

Proposition 134 qualified for the ballot through the petition process. The review and comment memorandum of July 10, 2025, from Legislative Council Staff and the Office of Legislative Legal Services, is addressed to Michele Austin and Erin Lee as the measure's designated representatives.

The entities the prohibition on complaints and investigations names

Section 25-60-102 (9) defines "STATE AGENCY" as "ANY STATE BOARD, BUREAU, COMMISSION, DEPARTMENT, INSTITUTION, DIVISION, SECTION, OR OFFICER OF THE STATE, EXCEPT THOSE IN THE LEGISLATIVE BRANCH OR JUDICIAL BRANCH". The prohibition on complaints and investigations, at section 25-60-103 (4), is written against "A GOVERNMENT ENTITY, LICENSING OR ACCREDITING ORGANIZATION, OR ATHLETIC ASSOCIATION".

Text of Initiative 109, sections 25-60-102 and 25-60-103.
The words the measure defines
FemaleThe measure defines a female as "A PERSON WHOSE BIOLOGICAL REPRODUCTIVE SYSTEM IS ORGANIZED AROUND THE PRODUCTION OF OVA", and adds that "FEMALE INCLUDES A WOMAN AND A GIRL".
MaleThe measure defines a male as "A PERSON WHOSE BIOLOGICAL REPRODUCTIVE SYSTEM IS ORGANIZED AROUND THE PRODUCTION OF SPERM", and adds that "MALE INCLUDES A MAN AND A BOY".
Girl and boyA girl is "AN ADOLESCENT HUMAN FEMALE" and a boy is "AN ADOLESCENT HUMAN MALE".
Woman and manA woman is "AN ADULT HUMAN FEMALE" and a man is "AN ADULT HUMAN MALE".
Athletic associationThe measure defines an athletic association as "A CORPORATION, ASSOCIATION, OR ORGANIZATION WHICH HAS AS ONE OF ITS PRIMARY PURPOSES THE SPONSORING OR ADMINISTRATION OF EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC CONTESTS OR COMPETITIONS".
SchoolUnder the measure a school is any "PUBLIC, CHARTER, PRIVATE, OR DENOMINATIONAL SCHOOL OFFERING INSTRUCTION IN ELEMENTARY OR SECONDARY GRADES" and also any postsecondary educational institution.
Postsecondary educational institutionThe measure defines this as "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".
Interscholastic and intramuralCompetition between schools, and competition within one school. The designation requirement covers both.
Disorder or difference in sex developmentSection 25-60-105 states that 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".
Commissioner of educationThe state education official the measure charges with acting when a school district intentionally refuses to comply. The fiscal note places the enforcement workload in the Colorado Department of Education.
Text in capitals is the measure's own wording.
Text of Initiative 109, section 25-60-102; Legislative Council Staff fiscal impact statement, September 2, 2025.
"A PERSON WHOSE BIOLOGICAL REPRODUCTIVE SYSTEM IS ORGANIZED AROUND THE PRODUCTION OF OVA"
The measure's definition of a female, section 25-60-102 (3).
"UNLESS THERE IS NO FEMALE TEAM OFFERED OR AVAILABLE FOR SUCH SPORT FOR SUCH FEMALE STUDENT OR PARTICIPANT"
The exception within the participation rules, section 25-60-103 (2)(b). Section 25-60-105 separately overrides the article for an individual born with a diagnosis of a disorder or difference in sex development.
Text of Initiative 109.
The committees' organization money by source, opponents and the supporter
Families Not Politics reports $1,086,436.43 from organizations in 65 filings. The largest: Cobalt Advocates $254,000 in 6 filings; One Colorado $200,000; One Colorado Education Fund $126,836.05 in 33 filings. Because its registration names two measures, none of these amounts can be attributed to Proposition 134 alone.
Vote Common Sense reports $395,000 from organizations in 9 filings. The largest: Green Advocacy Project $200,000; Coloradans for Real Safety Solutions $50,000; Colorado Immigrant Rights Coalition Action Fund $50,000. Because its registration covers several measures, none of these amounts can be attributed to Proposition 134 alone.
No on 134 and 135 reports $5,000 from organizations in 2 filings. The largest: Denver Democratic Socialists of America $5,000 in 2 filings. Because its registration names two measures, none of these amounts can be attributed to Proposition 134 alone.
Protect Kids Colorado, whose registration supports the measure, reports $61,259 from organizations in 15 filings. The largest: Pikes Peak Citizens for Life $19,000 in 2 filings; Protect Kids Colorado, 501(c)4 $17,000 in 3 filings; Truth and Liberty Foundation $10,000. Because its registration covers three measures, none of these amounts can be attributed to Proposition 134 alone.
The filings record no organization contributions to Protect Trans Kids. Contributions from individuals are outside this view.
The People's No reports $100,000 from organizations in one filing. The largest: COLOR Action Fund $100,000. Because its registration covers several measures, none of these amounts can be attributed to Proposition 134 alone.
The filings record no organization contributions to People for a Fair Colorado. Contributions from individuals are outside this view.
TRACER filing, October 3, 2026.
Proposition 135
Proposition 135 (Initiative 110) is on the same ballot

Every committee registration that names Proposition 134 (Initiative 109) also names Proposition 135 (Initiative 110). Families Not Politics registered as "OPPOSING INITIATIVES 109 AND 110". No on 134 and 135, which registered as No on 109 and 110 until September 8, 2026, registered as "THE PURPOSE OF THIS COMMITTEE IS TO COMBAT RISING TRANSPHOBIA IN THE STATE OF COLORADO BY OPPOSING COLORADO BALLOT MEASURES 134 AND 135 (FORMERLY KNOWN AS BALLOT INITIATIVES 109 AND 110).". Vote Common Sense registered "TO OPPOSE BALLOT MEASURES 132, 136, 234, 133, 134, 135, 362 AND AMENDMENTS 81 AND 82.". The Kim Monson Show's article of August 18, 2026, “Families Not Politics reports $818,915 against Protect Kids Colorado’s $98,149”, reports the money for and against the two measures together: “The committee working to defeat Colorado's Initiative 109 and Initiative 110 has reported about eight times what the committee backing them has raised, with most of it from advocacy organizations and foundations.” The July 11, 2025 review and comment memorandum for Proposition 135 (Initiative 110) is addressed to Michele Austin and Erin Lee, the same designated representatives named for Proposition 134.

Read the guide on Proposition 135 (Initiative 110)
State campaign-finance registrations; The Kim Monson Show, August 18, 2026.
The money02

The fiscal note estimates no state spending in the first two years

The fiscal note, prepared by Legislative Council Staff and dated September 2, 2025, estimates no state revenue and no state expenditures in fiscal years 2026-27 and 2027-28, no new state staff and no change in TABOR refunds. Colorado issues TABOR refunds when state revenue exceeds the constitutional limit.

The fiscal note assumes school districts will comply and enforcement costs will be minimal. Noncompliance could require additional Education Department staff, investigations and legal services from the Department of Law; any additional funding would go through the state budget process. Schools and districts would also spend money updating policies, which the note expects to cost little. State colleges would use institutional revenue to adopt or update athletic policies, with no additional state appropriation assumed.

Families Not Politics and No on 134 and 135 oppose both Propositions 134 and 135 (Initiatives 109 and 110). No on 134 and 135 used the name No on 109 and 110 until September 8, 2026. Families Not Politics describes its purpose in terms of privacy and keeping politicians out of private decisions; No on 134 and 135 says it opposes transphobia.

Vote Common Sense’s registration covers nine measures, The People’s No covers four, and Protect Kids Colorado supports Propositions 133, 134 and 135 (Initiatives 108, 109 and 110). Every committee listed covers more than this measure, so none of these totals can be attributed to Proposition 134 alone. The Kim Monson Show reported on August 18, 2026 that Protect Kids Colorado supports Initiatives 109 and 110.

Legislative votes on requirements and restrictions

Among 1,490 Colorado bills with recorded votes from 2021 through 2026, 110 require, restrict or forbid conduct by a person, business or organization; that group includes ten borderline classifications. Legislators cast 4,113 votes in favor and 1,530 against those bills. This broad comparison does not identify a legislator’s position on Proposition 134.

Colorado General Assembly roll call records, 2021 through 2026.
Questions the reviewers put to the proponents on July 10, 2025

Legislative Council Staff and the Office of Legislative Legal Services reviewed the measure and wrote to Michele Austin and Erin Lee. Four of their questions go to provisions a school would apply on the first day the article is in force.

On which teams the article reaches
"What constitutes sponsoring?"
At the July 15, 2025 review and comment hearing, the proponents said they thought the term "sponsoring" as commonly used was adequate, and that they would "certainly consider" creating a definition.
On who designates a team
"Who, or what entity, is responsible for making that designation?"
At the hearing, the proponents named no one; they said they thought existing administrative or court procedures would be adequate, and "we'll look at it."
On the exception within the participation rules
"What constitutes not having a female team offered or available?"
At the hearing, the proponents answered, "I don't think that's necessary, but we may," and gave the example of a female student who wants to play football where only a male team is offered.
On the protection against complaints
The reviewers wrote that the measure "does not extend this prohibition to maintaining a separate interscholastic or intramural athletic team or sport for male students".
At the hearing, the proponents answered, "So that has been our intent," and said they would "certainly consider looking at that again."
Review and comment memorandum, July 10, 2025.
The figures and the dates
State revenue$0 in FY 2026-27 and $0 in FY 2027-28Fiscal impact statement, Table 1, September 2, 2025
State expenditures$0 in FY 2026-27 and $0 in FY 2027-28Fiscal impact statement, Table 1, September 2, 2025
Transferred funds$0 in FY 2026-27 and $0 in FY 2027-28Fiscal impact statement, Table 1, September 2, 2025
Change in TABOR refunds$0 in FY 2026-27 and $0 in FY 2027-28Fiscal impact statement, Table 1, September 2, 2025
Change in state staff0.0 FTE in FY 2026-27 and 0.0 FTE in FY 2027-28Fiscal impact statement, Table 1, September 2, 2025
Takes effectJanuary 1, 2027Text of Initiative 109, section 3; fiscal impact statement, Effective Date
Petition filedFebruary 20, 2026Secretary of State, initiative signature status
Statement of sufficiencyMarch 16, 2026Secretary of State, initiative signature status
Designated representativesMichele Austin and Erin LeeReview and comment memorandum, July 10, 2025
Committee registrations naming the measureFive: four opposed, one in supportState campaign-finance registrations
The fiscal note says its estimate assumes district compliance. It states: "The fiscal note assumes that school districts will comply with the measure and that enforcement costs will be minimal".
Figures from the Legislative Council Staff fiscal impact statement of September 2, 2025.
Measure provisions03

Female students could join a male team when no female team is offered

A team designated for females would not be open to male students or participants. A female student or participant could join a male team only if no female team in that sport is offered or available to her. The measure would impose no sex-based eligibility restriction on coeducational or mixed teams. An individual born with a diagnosis of a disorder or difference in sex development would retain all legal protections and accommodations under federal law, despite any other provision of the measure. The ballot title does not mention that protection.

The measure's rules for who may play on each team
Team designationWhat the measure saysException
A team designated for females, women or girls"SHALL NOT BE OPEN TO A MALE STUDENT OR PARTICIPANT"No exception within this rule; the federal-protections clause applies throughout the article.
A team designated for males, men or boysNot open to a female student "UNLESS THERE IS NO FEMALE TEAM OFFERED OR AVAILABLE FOR SUCH SPORT FOR SUCH FEMALE STUDENT OR PARTICIPANT"A female student may participate if no female team in that sport is offered or available to her.
A team designated coeducational or mixed"NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT THE ELIGIBILITY OF ANY STUDENT OR PARTICIPANT TO PARTICIPATE"The measure imposes no sex-based eligibility restriction.
A student born with a diagnosis of a disorder or difference in sex development"MUST RECEIVE ALL LEGAL PROTECTIONS AND ACCOMMODATIONS AFFORDED UNDER FEDERAL LAW"An individual born with a diagnosis of a disorder or difference in sex development would retain all legal protections and accommodations under federal law, despite any other provision of the measure.
The male-team rule allows participation when no female team in that sport is offered or available to the student. The female-team rule contains no such exception. Federal protections and accommodations for the specified individuals apply despite either rule.
Text of Initiative 109, sections 25-60-103 and 25-60-105.

The measure gives the education commissioner an enforcement role

Each school’s governing body would have to adopt a policy implementing the measure. If the commissioner of education determines that a school district intentionally refused to comply, the commissioner must notify it and allow a reasonable time to comply. Remedial action within the commissioner’s authority would follow only if the district remains out of compliance and has not made a good-faith attempt to comply. Asked at the hearing how the commissioner would determine that a district intentionally refused to comply, the proponents said they would consider it but preferred "to allow schools and the Commissioner of Education to figure that out on their own."

The measure also bars certain entities from taking action against a school for maintaining a separate team for female students. 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 that reason. The legislature's reviewers noted in the July 10 memorandum that the measure "does not extend this prohibition to maintaining a separate interscholastic or intramural athletic team or sport for male students".

Legislative reviewers asked who would designate teams and what would count as a female team being “offered or available.” The measure’s enforcement provision names school districts, although its requirements also cover private and denominational schools, colleges and athletic associations. The reviewers asked whether schools and athletic associations outside a school district would be exempt from that enforcement provision. At the hearing, the proponents answered, "Again, we'll consider it. We believe everyone is subject to enforcement."

Schools covered and the commissioner’s enforcement authority
Covered by the measureSubject to the commissioner of education
Public, charter, private and denominational elementary and secondary schoolsSchool districts as section 22-30-103 (13) defines them
Accredited public and private colleges and universities in ColoradoNot named in the enforcement section
Athletic associationsNot named in the enforcement section
The July 10, 2025 memorandum asked the proponents whether "an athletic association or any school that is not under the jurisdiction of a school district is exempt from enforcement".
Text of Initiative 109, sections 25-60-102 and 25-60-104; Legislative Council Staff fiscal impact statement, September 2, 2025; review and comment memorandum, July 10, 2025.
Campaign support and opposition04
For
Against
TRACER filing, October 7, 2026
From the show05
Show coverage
The Kim Monson Show
Newsroom coverage
Sources06
Official documents
Further reading
Official documents
  • 2026 State Ballot Information BookletColorado Legislative Council · Sep 24, 2026
    The Colorado Legislative Council's 2026 ballot information booklet entry on Proposition 134 explains that it would require school and college sports teams to be designated male-only, female-only or coed by biological sex, and lays out arguments on both sides and the expected costs.
  • Colorado General Assembly ballot analysis page for Proposition 134 (2026, statutory), 'Male and Female Participation in School and Collegiate Sports', listing staff, draft deadlines and analysis files but no substantive analysis text.
  • Legislative Council Staff fiscal summary of Initiative 109 dated August 4, 2025, a preliminary assessment noting possible Education Department enforcement costs, minimal school policy costs and no direct economic impact.
  • Legislative Council Staff fiscal impact statement for Initiative 109 dated September 2, 2025, finding $0 state revenue and expenditure impact, minimal Education Department enforcement workload, and minimal school district policy costs.
  • Legislative Council Staff and Office of Legislative Legal Services review and comment memorandum dated July 10, 2025 on proposed initiative 2025-2026 #109, stating its purposes (designating teams by sex, barring males from female teams.
  • Text of the measure as filedColorado General Assembly
    The filed text of Initiative #109, 'Male and Female Participation in School Sports', received by Legislative Council Staff on 07/01/2025, which requires school and athletic-association teams (including postsecondary institutions) to be designated by biological sex.
Show 3 more
  • Secretary of State Title Board results page for Proposed Initiative #109, giving the ballot title set at the August 6, 2025 hearing (designating K-12 and collegiate teams by biological sex) and noting a rehearing motion denied August 20, 2025.
  • Secretary of State filing of the final text of Initiative 2025-2026 #109, the 'Protect Women and Girls Sports Act', requiring school and athletic-association teams to be designated by biological sex and barring males from female-designated teams.
  • Video of the July 15, 2025 public review and comment hearing on Initiative 109, where the proponents answered the reviewers' questions.
News coverage
Campaigns and committees
  • Protect Kids Colorado - Issue CommitteeColorado Secretary of State
    Colorado Secretary of State TRACER record for Protect Kids Colorado - Issue Committee, whose stated purpose is promoting ballot measures 133, 134 and 135, with 2026-cycle financials that do not match the guide's dollar figures.
  • Families Not PoliticsColorado Secretary of State
    Colorado Secretary of State TRACER record for Families Not Politics, a statewide issue committee registered 02/10/2026 to oppose Initiatives 109 and 110, reporting 2026-cycle monetary contributions of $1,107,447.80 plus $283,677.75 non-monetary and expenditures of $365,937.01.
  • Vote Common SenseColorado Secretary of State
    Colorado Secretary of State TRACER record for Vote Common Sense, a statewide issue committee registered 05/13/2026 to oppose ballot measures including 134, reporting 2026-cycle contributions of $495,000.00 and expenditures of $81,367.00.
  • Protect Trans KidsColorado Secretary of State
    Colorado Secretary of State TRACER committee record for Protect Trans Kids, a statewide small scale issue committee registered 05/27/2026 whose stated purpose is opposing ballot measures 109 and 110.
  • No on 134 and 135Colorado Secretary of State
    Colorado Secretary of State TRACER record for No on 134 and 135, a statewide issue committee registered 06/19/2026 to oppose ballot measures 134 and 135, reporting 2026-cycle expenditures of $4,388.89 and contributions of $9,735.50 plus $593.37 non-monetary.
  • The People's NoColorado Secretary of State
Show 1 more
Text of the measure

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.