DE SB346

Requires school districts, charter schools, member schools, and higher education institutions to designate athletic teams or sports based on students' biological sex as documented on birth certificates or other government records at or near time of birth.

Prohibits students from competing on athletic teams designated for the opposite biological sex, except allows female students to compete on male teams if no corresponding female team is offered.

Protects schools from complaints or adverse action by governmental entities, licensing organizations, or athletic associations for complying with the biological sex-based team designations.

Creates a civil cause of action for students deprived of athletic opportunities due to violations, with a 2-year statute of limitations and entitlement to monetary damages, attorney fees, and injunctive relief for prevailing parties.

Becomes effective immediately and applies beginning with the 2022-2023 school year, with the Delaware Interscholastic Athletic Association responsible for adopting implementing regulations.