Civil rights: sex discrimination and harassment; basing an individual's eligibility to participate in athletics on the individual's biological sex; provide an exemption to allow certain K-12 educational institutions to do. Amends 1976 PA 453 (MCL 37.2101 - 37.2804) by adding sec. 405.

2025-2026 Regular Session Introduced by Greg Alexander and 17 co-sponsors

HB 4469 adds a carve-out letting Title IX-subject K-12 schools base athletic eligibility on the sex listed on a student's original birth certificate.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS

#civilrights:sexdiscriminationandharassment

Main purpose

HB 4469 adds a new section (Sec. 405) to the Elliott‑Larsen Civil Rights Act to state that Article 4 of the Act does not prohibit K–12 educational institutions that are subject to Title IX from basing a student’s athletic eligibility on the student’s biological sex as listed on the student’s original birth certificate issued at or near the time of birth. In short: the bill creates a state‑law carve‑out allowing K–12 schools to use sex assigned at birth (per original birth certificate) as the basis for participation in school athletics.

Key provisions

Adds Sec. 405 to 1976 PA 453 (Elliott‑Larsen Civil Rights Act, MCL 37.2101–37.2804).

Provides that Article 4 of the Act “does not prohibit” a K–12 educational institution (that is subject to Title IX) from basing athletic eligibility on the individual’s biological sex as shown on the original birth certificate issued at or near birth.

Uses the phrase “original birth certificate” and ties the eligibility criterion to the sex designation on that document.

Note: HB 4469 is narrowly drafted as an exemption to the state civil‑rights statute. Separate but related legislation (e.g., HB 4066, a Revised School Code amendment) addresses designation of school sports divisions, prohibitions on males participating on female teams, and private causes of action; those operational and enforcement provisions are in the companion bill(s), not this statute‑amendment alone.

Who would be affected

Public K–12 schools, intermediate school districts (ISDs), and public school academies (charter schools) that are subject to Title IX.

Students participating in interscholastic athletics, including transgender and gender‑nonconforming students, whose eligibility could be determined by sex assigned at birth.

Athletic associations, school districts, and accrediting bodies insofar as state civil‑rights complaints related to sex‑based eligibility are concerned.

Potentially local courts and the Department of Civil Rights if related complaints or litigation arise.

Fiscal and legal impact

House Fiscal Agency: no significant state fiscal impact expected. Local school districts and PSAs could incur administrative costs to implement sex‑based eligibility policies; costs likely to be absorbed within existing staff time.

Potential for increased litigation or administrative complaints (indeterminate impact on local court caseloads). The bill itself removes a state civil‑rights prohibition but does not prescribe civil remedies; related bills address private causes of action.

Possible federal‑law interaction: the carve‑out applies to institutions “subject to Title IX,” but federal Title IX and U.S. Department of Education or DOJ guidance/policy could raise separate compliance issues or litigation risk.

Legislative status & timeline

Filed/Introduced: March–May 2025 (introduced by Rep. Rylee Linting).

House passage: Passed House (third reading) May 22, 2025; passed with immediate effect (roll call May 22 / May 29 entries).

Referred to Senate Committee on Government Operations (May 29, 2025).

Companion/related bills: HB 4066 (school code provisions) and SB 2291 (companion).

Prepared from House Fiscal Agency committee reports and the bill text (May 2025).

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