H.R. 4363 — Defend Girls Athletics Act

This section establishes, as a condition of receiving funds under the Elementary and Secondary Education Act of 1965 (ESEA), a requirement that each local educational agency ensure schools under its jurisdiction comply with Executive Order 14201 (90 Fed. Reg. 9279; relating to keeping men out of women’s sports), as in effect on the date of enactment. It requires each local educational agency to certify compliance in writing annually to the relevant state educational agency by August 15, with the state educational agency reporting to the Secretary by September 15 a list of local educational agencies that have not certified or against which noncompliance complaints have been received. For violations or failure to report, the Secretary must direct the return of any unobligated ESEA funds and render the agency ineligible for ESEA funds until compliance.

This section amends the Higher Education Act of 1965 to condition institutions of higher education's eligibility for federal funds—including under Title IV student aid programs such as Pell Grants and federal student loans—on annual certification to the Secretary of Education by July 1 of compliance with Executive Order 14201 (90 Fed. Reg. 9279; relating to keeping men out of women's sports), as in effect on the date of enactment. It adds these requirements as new section 124 in part B of title I and as new paragraph (30) in program participation agreements under section 487(a); upon a determination of violation, the Secretary must direct return of any unobligated funds received under the Act, and the institution is ineligible to participate until compliant.