Gender equity in sports

Prohibits discrimination in athletics on the basis of sex in any
public school and requires the superintendent of education to
develop a strategic plan to ensure equity in sports
participation.  (SB2475 HD2)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 2
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is
 2 amended by adding a new subpart to part II to be appropriately
 3 designated and to read as follows:
 4                  "    .  GENDER EQUITY IN SPORTS
 5      302A-    Factors; unequal aggregate expenditures.(a)  The
 6 superintendent of education and the advisory commission on gender
 7 equity in sports shall consider, among other factors:
 8      (1)  Whether the selection of sports and levels of
 9           competition effectively accommodate the interests and
10           abilities of members of both sexes;
11      (2)  The provision of equipment and supplies;
12      (3)  The scheduling of games and practice times;
13      (4)  Travel and per diem allowances;
14      (5)  Opportunities to receive coaching and academic
15           tutoring;
16      (6)  Assignment and compensation of coaches and tutors;
17      (7)  The provision of locker room, practice, and competitive
18           facilities;
19      (8)  The provision of medical and training facilities and
20           services;

Page 2                                                     2475
                                     S.B. NO.           S.D. 1
                                                        H.D. 2

 1      (9)  The provision of housing and dining facilities and
 2           services; and
 3     (10)  Publicity.
 4      (b)  Unequal aggregate expenditures for members of each sex
 5 or unequal expenditures for male and female teams, if a public
 6 high school operates or sponsors separate teams, do not
 7 constitute a violation of this subpart, but in determining
 8 violations of this subpart, the failure to provide necessary
 9 funds for teams for one sex in assessing equality of opportunity
10 for members of each sex shall be considered.
11      302A-    Advisory commission on gender equity in sports.
12      (a)  There is established within the department of education
13 for administrative purposes only, an advisory commission on
14 gender equity in sports.  The advisory commission shall consist
15 of seven members appointed by the superintendent of education who
16 shall ensure that the advisory commission represents, to the
17 maximum extent possible, the gender, racial, and ethnic diversity
18 of the State.
19      (b)  The advisory commission shall determine if any school
20 does not exhibit substantial progress toward compliance with
21 Title IX of the Education Amendments of 1972 and section
22 302A-1001.  Based upon its findings and determinations, the

Page 3                                                     2475
                                     S.B. NO.           S.D. 1
                                                        H.D. 2

 1 advisory commission may make recommendations to the board of
 2 education, the superintendent of education, and the legislature.
 3      (c)  The advisory commission shall expire two years after
 4 the effective date of this Act.
 5      302A-    Superintendent of education; rules and
 6 implementation.(a)  By July 1, 2001, the superintendent shall
 7 define equity in athletics for all public high schools and shall
 8 recommend rules for appropriate enforcement mechanisms to ensure
 9 equity.  A strategic plan shall be developed to implement the
10 recommendations over two years.  The recommendations shall
11 include:
12      (1)  A determination of an equitable rate of participation
13           of males and females in athletics at public high
14           schools; and
15      (2)  A determination of the appropriate consideration of
16           revenues when making decisions about the equitable use
17           of funds for support of athletic activities.  In making
18           this determination, the advisory commission shall
19           consider all funds received and expended for athletic
20           promotion or support, including revenues from direct-
21           support organizations.
22      (b)  Indicators shall be developed and benchmarks shall be
23 established to measure progress toward goals.

Page 4                                                     2475
                                     S.B. NO.           S.D. 1
                                                        H.D. 2

 1      302A-  Compliance report.  Beginning in the year 2001,
 2 the superintendent of education shall submit to the legislature
 3 and the advisory commission on gender equity in sports, no later
 4 than September 1 of each year, a report of compliance with Title
 5 IX of the Education Amendments of 1972, including a compliance
 6 plan with timelines for every public high school, an analysis and
 7 assessment of current activities with respect to Title IX
 8 compliance, and itemized expenditures for athletics.
 9      302A-    Applicability.  This subpart shall apply to public
10 schools as defined in section 302A-101; provided that it shall
11 apply to grades nine to twelve only."
12      SECTION 2.  If any provision of this Act, or the application
13 thereof to any person or circumstance is held invalid, the
14 invalidity does not affect other provisions or applications of
15 the Act which can be given effect without the invalid provision
16 or application, and to this end the provisions of this Act are
17 severable.
18      SECTION 3.  This Act shall take effect on __________.