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.  (CD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 3
STATE OF HAWAII                                            C.D. 1

                   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-    Gender equity in athletics.  No person, on the
 6 basis of sex, shall be excluded from participating in, be denied
 7 the benefits of, or be subjected to discrimination in athletics
 8 offered by a public high school, pursuant to Public Law 92-318,
 9 Title IX of the federal Education Amendments of 1972.
10      302A-    Factors; unequal aggregate expenditures.(a)  The
11 superintendent of education and the advisory commission on gender
12 equity in sports shall consider:
13      (1)  Whether the selection of sports and levels of
14           competition effectively accommodate the interests and
15           abilities of members of both sexes;
16      (2)  The provision of equipment, uniforms, and supplies;
17      (3)  Equal access to practice and game times;
18      (4)  Travel and per diem allowances;
19      (5)  Opportunities to receive coaching and academic
20           tutoring;

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 1      (6)  Assignment and compensation of coaches and tutors;
 2      (7)  Access to locker room, weight room, and practice,
 3           competitive, and training facilities;
 4      (8)  Access to medical services;
 5      (9)  The provision of housing and dining facilities and
 6           services;
 7     (10)  Publicity; and
 8     (11)  Any other relevant factors.
 9      (b)  Unequal aggregate expenditures for members of each sex
10 or unequal expenditures for male and female teams, if a public
11 high school operates or sponsors separate teams, do not
12 constitute a violation of this subpart, but in determining
13 violations of this subpart, the failure to provide necessary
14 funds for teams for one sex in assessing equality of opportunity
15 for members of each sex shall be considered.
16      302A-    Advisory commission on gender equity in sports.
17 (a)  There shall be established within the department of
18 education for administrative purposes only, an advisory
19 commission on gender equity in sports.  The advisory commission
20 may consist of seven members appointed by the superintendent of
21 education who shall ensure that the advisory commission
22 represents, to the maximum extent possible, the gender, racial,
23 and ethnic diversity of the State.

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 1      (b)  The advisory commission shall determine if any school
 2 does not exhibit substantial progress toward compliance with
 3 Public Law 92-318, Title IX, of the federal Education Amendments
 4 of 1972 and section 302A-1001.  Based upon its findings and
 5 determinations, the advisory commission may make recommendations
 6 to the board of education, the superintendent of education, and
 7 the legislature.
 8      (c)  The advisory commission shall expire three years after
 9 the effective date of this Act.
10      302A-    Equity in athletics; rules and implementation.
11 (a)  By July 1, 2001, the superintendent shall define equity in
12 athletics for all public high schools and shall recommend rules
13 for appropriate enforcement mechanisms to ensure equity.  The
14 superintendent shall develop a strategic plan containing
15 recommendations and a timetable to achieve equity.  Those
16 recommendations relating to use of existing personnel, equipment,
17 resources, and facilities shall be commenced and continued by the
18 expiration of the advisory commission.  The recommendations shall
19 include, but not be limited to:
20      (1)  A determination of an equitable rate of participation
21           of males and females in athletics at public high
22           schools; and
23      (2)  A determination of the appropriate use of revenues when

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 1           making decisions about the equitable use of funds for
 2           support of athletic activities.  In making this
 3           determination, the advisory commission shall consider
 4           all funds received and expended for athletic promotion
 5           or support, including revenues from direct-support
 6           organizations.
 7      (b)  Indicators shall be developed and benchmarks shall be
 8 established to measure progress toward goals.
 9      302A-  Compliance report.  By December 31, 2000, the
10 superintendent of education shall submit to the legislature and
11 the advisory commission on gender equity in sports a report of
12 compliance with Public Law 92-318, Title IX, of the federal
13 Education Amendments of 1972, including a compliance plan with
14 timelines for every public high school, an analysis and
15 assessment of current activities with respect to Title IX
16 compliance, and itemized expenditures for athletics.
17      302A-    No private right of action.  No private right of
18 action at law shall arise under this subpart.
19      302A-    Applicability.  This subpart shall apply to public
20 schools as defined in section 302A-101; provided that it shall
21 apply to grades nine to twelve only."
22      SECTION 2.  If any provision of this Act, or the application
23 thereof to any person or circumstance is held invalid, the

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 1 invalidity does not affect other provisions or applications of
 2 the Act which can be given effect without the invalid provision
 3 or application, and to this end the provisions of this Act are
 4 severable.
 5      SECTION 3.  This Act shall take effect on July 1, 2000.