Currently, the MSHSAA policy and MSBA administrative procedure provide the only statewide guidance to school districts as they determine the accessibility of restrooms according to gender identity.
(83.) The policy requires that "[a] trans male (female to male) who has undergone treatment with testosterone for gender transition may compete on a boys team but is no longer eligible to compete on a girls team without changing the team status to a mixed team." Board Policy on Transgender Student-Athletes, 2013-2014 MSHSAA OFFICIAL HANDBOOK 127, http://media.wix.com/ugd/2bc3fc_feb6053e027b4bcd98007e8ff272c29b.pdf.
MSHSAA responded in its brief with 10 possible advantages: private schools have higher percentages of athletic participation, larger attendance areas, are in more densely populated regions, have greater opportunities for skill development, have the opportunity for students to selectively attend their schools, control enrollments, have selective admissions, do not admit 21-year-olds, do not have alternative education students, and have lower drop-out rates (Mayse, 2002).
MSHSAA (1993) that a regulation that treats non-public students differently is not unconstitutional if it "addresses a legitimate state purpose and is rationally related to serving that legitimate purpose" (p.
A concern over the lack of a rational basis for the Missouri multiplier was expressed recently by Dale Pleimann, assistant executive director of MSHSAA, noting that some have contacted MSHSAA regarding their multiplier after sustaining the legal challenge: "One of the big concerns with our multiplier is how did you come up with that number (1.35).
In Missouri, the lack of a rational basis required MSHSAA in defense of the 1.35 multiplier to "throw everything against the wall and see what sticks" (Ludwig, 2002a, pp.