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

THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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-    Interscholastic, club, and intramural athletics.
 6 (a)  No person, on the basis of sex, shall be excluded from
 7 participating in, be denied the benefits of, or be treated
 8 differently from another person or otherwise be discriminated
 9 against in any interscholastic, club, or intramural athletics
10 offered by a public high school.
11      (b)  Notwithstanding subsection (a) to the contrary, a
12 public high school may operate or sponsor separate teams for
13 members of each sex if the selection for the teams is based upon
14 competitive skill or the activity involved is a bodily contact
15 sport.  When a public high school operates or sponsors a team in
16 a particular sport for members of one sex but does not operate or
17 sponsor such a team for members of the other sex, and athletic
18 opportunities for that sex have previously been limited, members

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 1 of the excluded sex shall be allowed to try out for the team
 2 offered.
 3      (c)  A public high school may provide separate toilet,
 4 locker room, and shower facilities on the basis of sex, but the
 5 facilities shall be comparable to the facilities provided for
 6 students of the other sex.
 7      302A-    Factors; unequal aggregate expenditures.(a)  The
 8 superintendent of education and the advisory commission on gender
 9 equity in sports shall consider, among other factors:
10      (1)  Whether the selection of sports and levels of
11           competition effectively accommodate the interests and
12           abilities of members of both sexes;
13      (2)  The provision of equipment and supplies;
14      (3)  The scheduling of games and practice times;
15      (4)  Travel and per diem allowances;
16      (5)  Opportunities to receive coaching and academic
17           tutoring;
18      (6)  Assignment and compensation of coaches and tutors;
19      (7)  The provision of locker room, practice, and competitive
20           facilities;
21      (8)  The provision of medical and training facilities and
22           services;

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 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 There is established within the department of education for
13 administrative purposes only, an advisory commission on gender
14 equity in sports.  The advisory commission shall consist of seven
15 members appointed by the superintendent of education who shall
16 ensure that the advisory commission represents, to the maximum
17 extent possible, the gender, racial, and ethnic diversity of the
18 State.  The advisory commission shall determine if any school
19 does not exhibit substantial progress toward compliance with
20 Title IX of the Education Amendments of 1972 and section
21 302A-1001.  Based upon its findings and determinations, the
22 advisory commission may make recommendations to the board of
23 education, the superintendent of education, and the legislature.

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 1      302A-    Superintendent of education.(a)  By July 1,
 2 2001, the superintendent shall define equity in athletics for all
 3 public high schools and shall recommend rules for appropriate
 4 enforcement mechanisms to ensure equity.  A strategic plan shall
 5 be developed to implement the recommendations over two years.
 6 The recommendations shall include:
 7      (1)  A determination of an equitable rate of participation
 8           of males and females in athletics at public high
 9           schools; and
10      (2)  A determination of the appropriate consideration of
11           revenues when making decisions about the equitable use
12           of funds for support of athletic activities.  In making
13           this determination, the advisory commission shall
14           consider all funds received and expended for athletic
15           promotion or support, including revenues from direct-
16           support organizations.
17      (b)  Indicators shall be developed and benchmarks shall be
18 established to measure progress toward goals.
19      302A-  Compliance report.  Beginning in the year 2001,
20 the superintendent of education shall submit to the legislature
21 and the advisory commission on gender equity in sports, no later
22 than September 1 of each year, a report of compliance with Title
23 IX of the Education Amendments of 1972, including a compliance

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 1 plan with timelines for every public high school, an analysis and
 2 assessment of current activities with respect to Title IX
 3 compliance, and itemized expenditures for athletics.
 4      302A-    Remedies.  A person aggrieved by a violation of
 5 this subpart or a violation of a rule adopted under this subpart
 6 has a right of action for such equitable relief as the court may
 7 determine.  The court may also award reasonable attorney's fees
 8 and court costs to a prevailing party.
 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 upon its approval.
20                       INTRODUCED BY:  ___________________________