Gender Equity in Sports

Prohibits discrimination in athletics on the basis of sex in any
public school.  (HB532 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 2 a new chapter to be appropriately designated and to read as
 3 follows:
 4                             "CHAPTER
 5                    GENDER EQUITY IN SPORTS ACT
 6         -1  Interscholastic, club, and intramural athletics.
 7 (a)  No person, on the basis of sex, shall be excluded from
 8 participating in, be denied the benefits of, or be treated
 9 differently from another person or otherwise be discriminated
10 against, any interscholastic, club, or intramural athletics
11 offered by any public school; and no public school shall provide
12 athletics separately on the basis of sex.
13      (b)  Notwithstanding subsection (a) to the contrary, a
14 public school may operate or sponsor separate athletic teams for
15 members of each sex if the selection for the teams is based upon
16 competitive skill or the activity involved is a bodily contact
17 sport.  When a public school operates or sponsors a team in a
18 particular sport for members of one sex but does not operate or
19 sponsor such a team for members of the other sex, and athletic
20 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)  This section shall not be construed to prohibit the
 4 grouping of students in physical education classes and activities
 5 by ability as assessed by objective standards of individual
 6 performance developed and applied without regard to sex.  When
 7 the use of a single standard of measuring skill or progress in a
 8 physical education class has an adverse effect on the members of
 9 one sex, the public school shall use appropriate standards that
10 do not have this effect.
11      (d)  A public school that operates or sponsors
12 interscholastic, club, or intramural athletics shall provide
13 equal athletic opportunity for members of both sexes.  In
14 determining whether equal opportunities are available, the
15 superintendent of education and the advisory commission on gender
16 equity in sports shall consider the following factors:
17      (1)  Whether the selection of sports and levels of
18           competition fully and effectively accommodate the
19           interests and abilities of members of both sexes;
20      (2)  The provision of equipment and supplies;
21      (3)  The scheduling of games and practice times;
22      (4)  Travel and per diem allowances;
23      (5)  Opportunities to receive coaching and academic

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 1           tutoring;
 2      (6)  Assignment and compensation of coaches and tutors;
 3      (7)  The provision of locker room, practice, and competitive
 4           facilities;
 5      (8)  The provision of medical and training facilities and
 6           services;
 7      (9)  The provision of housing and dining facilities and
 8           services; and
 9     (10)  Publicity.
10 Unequal aggregate expenditures for members of each sex or unequal
11 expenditures for male and female teams, if a public school
12 operates or sponsors separate teams, do not constitute a
13 violation of this section but, in determining violations of this
14 section, the failure to provide necessary funds for teams for one
15 sex in assessing equality of opportunity for members of each sex
16 shall be considered.
17      (e)  A public school may provide separate toilet, locker
18 room, and shower facilities on the basis of sex, but the
19 facilities shall be comparable to the facilities provided for
20 students of the other sex.
21         -2  Advisory commission on gender equity in sports.(a)
22 There is established within the department of education, for
23 administrative purposes only, an advisory commission on gender

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 1 equity in sports.  The advisory commission shall consist of seven
 2 members appointed by the superintendent of education, who shall
 3 ensure that the advisory commission represents, to the maximum
 4 extent possible, the gender, racial, and ethnic diversity of the
 5 State.
 6      (b) The advisory commission shall examine gender equity in
 7 athletics in the public school system.  The advisory commission
 8 shall determine if any school does not exhibit substantial
 9 progress toward compliance with Title IX of the Education
10 Amendments of 1972 and section 302A-1001.  Based upon its
11 findings and determinations, the advisory commission may make
12 recommendations to the board of education, the superintendent of
13 education, and the legislature.
14         -3  Superintendent of education.  (a)  By July 1, 2000,
15 the superintendent of education shall define equity in athletics
16 for all public high schools and shall recommend rules for
17 appropriate enforcement mechanisms to ensure equity.  A strategic
18 plan will be developed to implement the recommendations over
19 three years.  The recommendations shall include:
20      (1)  A determination of an equitable rate of participation
21           of males and females in athletics at public schools;
22           and
23      (2)  A determination of the appropriate consideration of

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                                     H.B. NO.           H.D. 2

 1           revenues when making decisions about the equitable use
 2           of funds for support of athletic activities, including
 3           all funds received and expended for athletic promotion
 4           or support, including revenues from direct-support
 5           organizations.
 6      (b)  Indicators will be developed and benchmarking
 7 established to measure progress towards goals.
 8         -4  Compliance report.  Beginning in the year 2000, the
 9 superintendent of education shall submit to the legislature and
10 the advisory commission on gender equity in sports, no later than
11 September 1 of each year, a report of compliance with Title IX of
12 the Education Amendments of 1972, including a Title IX plan for
13 compliance with timelines for compliance for every public high
14 school, an analysis and assessment of current activities with
15 respect to Title IX compliance, and itemized expenditures for
16 athletics.
17         -5  Applicability.  This chapter shall apply to all
18 public schools as defined in section 302A-101."
19      SECTION 2.  If any provision of this Act, or the application
20 thereof to any person or circumstance is held invalid, the
21 invalidity does not affect other provisions or applications of
22 the Act which can be given effect without the invalid provision
23 or application, and to this end the provisions of this Act are

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 1 severable.
 2      SECTION 3.  This Act shall take effect upon its approval.