REPORT TITLE:
Gender Equity in Sports


DESCRIPTION:
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.  (HB532 SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        532
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO GENDER EQUITY IN SPORTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 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
 
19 of the excluded sex shall be allowed to try out for the team
 

 
Page 2                                                     532
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                                                        S.D. 2
                                                        


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

 
Page 3                                                     532
                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        


 1     (10)  Publicity.
 
 2      (b)  Unequal aggregate expenditures for members of each sex
 
 3 or unequal expenditures for male and female teams, if a public
 
 4 high school operates or sponsors separate teams, do not
 
 5 constitute a violation of this subpart, but in determining
 
 6 violations of this subpart, the failure to provide necessary
 
 7 funds for teams for one sex in assessing equality of opportunity
 
 8 for members of each sex shall be considered.
 
 9      302A-    Advisory commission on gender equity in sports.
 
10 There is established within the department of education for
 
11 administrative purposes only, an advisory commission on gender
 
12 equity in sports.  The advisory commission shall consist of seven
 
13 members appointed by the superintendent of education who shall
 
14 ensure that the advisory commission represents, to the maximum
 
15 extent possible, the gender, racial, and ethnic diversity of the
 
16 State.  The advisory commission shall determine if any school
 
17 does not exhibit substantial progress toward compliance with
 
18 Title IX of the Education Amendments of 1972 and section
 
19 302A-1001.  Based upon its findings and determinations, the
 
20 advisory commission may make recommendations to the board of
 
21 education, the superintendent of education, and the legislature.
 
22      302A-    Superintendent of education.(a)  By July 1,
 
23 2000, the superintendent shall define equity in athletics for all
 

 
Page 4                                                     532
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                                                        S.D. 2
                                                        


 1 public high schools and shall recommend rules for appropriate
 
 2 enforcement mechanisms to ensure equity.  A strategic plan shall
 
 3 be developed to implement the recommendations over three years.
 
 4 The recommendations shall include:
 
 5      (1)  A determination of an equitable rate of participation
 
 6           of males and females in athletics at public high
 
 7           schools; and
 
 8      (2)  A determination of the appropriate consideration of
 
 9           revenues when making decisions about the equitable use
 
10           of funds for support of athletic activities.  In making
 
11           this determination, the advisory commission shall
 
12           consider all funds received and expended for athletic
 
13           promotion or support, including revenues from direct-
 
14           support organizations.
 
15      (b)  Indicators shall be developed and benchmarks shall be
 
16 established to measure progress toward goals.
 
17      302A-  Compliance report.  Beginning in the year 2000,
 
18 the superintendent of education shall submit to the legislature
 
19 and the advisory commission on gender equity in sports, no later
 
20 than September 1 of each year, a report of compliance with Title
 
21 IX of the Education Amendments of 1972, including a compliance
 
22 plan with timelines for every public high school, an analysis and
 
23 assessment of current activities with respect to Title IX
 

 
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                                                        S.D. 2
                                                        


 1 compliance, and itemized expenditures for athletics.
 
 2      302A-    Remedies.  A person aggrieved by a violation of
 
 3 this subpart or a violation of a rule adopted under this subpart
 
 4 has a right of action for such equitable relief as the court may
 
 5 determine.  The court may also award reasonable attorney's fees
 
 6 and court costs to a prevailing party.
 
 7      302A-    Applicability.  This subpart shall apply to public
 
 8 schools as defined in section 302A-101; provided that it shall
 
 9 apply to grades nine to twelve only."
 
10      SECTION 2.  If any provision of this Act, or the application
 
11 thereof to any person or circumstance is held invalid, the
 
12 invalidity does not affect other provisions or applications of
 
13 the Act which can be given effect without the invalid provision
 
14 or application, and to this end the provisions of this Act are
 
15 severable.
 
16      SECTION 3.  This Act shall take effect upon its approval.