REPORT TITLE:
Gender equity in sports


DESCRIPTION:
Deters 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 HD3)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2475
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 3
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-    Factors; unequal aggregate expenditures.(a)  The
 
 6 superintendent of education and the advisory commission on gender
 
 7 equity in sports may 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;
 

 
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 1      (9)  The provision of housing, 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 may be considered.
 
11      §302A-    Advisory commission on gender equity in sports.
 
12      (a)  There may be established within the department of
 
13 education for administrative purposes only, an advisory
 
14 commission on gender equity in sports.  The advisory commission
 
15 shall consist of seven members appointed by the superintendent of
 
16 education who shall ensure that the advisory commission
 
17 represents, to the maximum extent possible the gender, racial,
 
18 and ethnic diversity 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
 
23 advisory commission shall make recommendations to the board of
 
24 education, the superintendent of education, and the legislature.
 

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

 
 
 
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 1 the advisory commission on gender equity in sports, no later than
 
 2 September 1 of each year, a report of compliance with Title IX of
 
 3 the Education Amendments of 1972, including:
 
 4      (1)  A compliance plan with timelines for every public high
 
 5           school;
 
 6      (2)  An analysis and assessment of current activities with
 
 7           respect to Title IX compliance; and
 
 8      (3)  Itemized expenditures for athletics.
 
 9      §302A-    Applicability.  This subpart may apply to public
 
10 schools as defined in section 302A-101; provided that it may
 
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 __________.