(a) The sex discrimination provisions of this chapter shall not be construed to prevent the American Legion or the American Legion Auxiliary from operating programs and activities undertaken in connection with the organization or operation of any Boys State conference or Girls State conference in a gender-segregated manner provided that these conferences comply with all of the following every year that the conferences take place:

(1) The conferences provide substantially similar access to government officials and facilities.

(2) The conferences provide substantially similar programming except where the programming relates to the role of gender in public service specifically.

(3) There are an equal number of opportunities for girls to participate in the conferences as there are for boys.

(4) Any limitations on the number of pupils that can be nominated to attend the conferences from a single high school apply equally to boys and girls, unless the high school is a single-gender high school.

(5) Pupils who do not identify as either male or female, or who do not identify with their assigned gender at birth, are allowed to participate in either conference.

(6) The conferences comply with all other nondiscrimination provisions of state and federal law.

(b) Provided that the Boys State conference and the Girls State conference meet all of the requirements of paragraphs (1) to (6), inclusive, of subdivision (a), the sex discrimination provisions of this chapter shall not be construed to prevent any secondary educational institution from engaging in programs or activities specifically for either of the following purposes:

(1) The promotion of any Boys State or Girls State conference.

(2) The selection of pupils to attend either of those conferences.

(c) This section shall become operative on January 1, 2023.

(Repealed (in Sec. 1) and added by Stats. 2021, Ch. 676, Sec. 2. (SB 363) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)