STAND. COM. REP. NO. 447-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2857
                                     H.D. 1
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Education and Judiciary and Hawaiian
Affairs, to which was referred H.B. No. 2857 entitled: 

     "A BILL FOR AN ACT RELATING TO GENDER EQUITY IN SPORTS,"

beg leave to report as follows:

     The purpose of this bill is to ensure gender equity in high
school athletics by:

     (1)  Requiring that high schools create equal opportunity
          for both sexes in all sports offered;

     (2)  Requiring that high schools fund sports adequately for
          both sexes;

     (3)  Requiring that high schools afford equal access to all
          sports-related facilities and equipment to both sexes;

     (4)  Creating the Advisory Commission on Gender Equity in
          Sports to monitor compliance of individual schools with
          Title IX of the Educational Amendments of 1972, and
          section 302A-1001, Hawaii Revised Statutes;

     (5)  Requiring the Superintendent of Education
          (Superintendent) to recommend rules to enforce gender
          equity in high school sports and formulate a strategic
          plan for implementation of these rules;


 
 
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     (6)  Requiring the Superintendent to submit an annual
          compliance report to the Legislature and the Advisory
          Committee on Gender Equity in Sports covering all high
          schools' compliance with gender equity mandates; and

     (7)  Allowing persons aggrieved by a violation under this
          bill to seek equitable relief from the courts.

     The Hawaii State Commission on the Status of Women, the
Hawaii Civil Rights Commission, and several individuals testified
in support of this bill.  The Department of Education supported
the intent of this bill.

     Your Committees find that significant inequities exist for
both sexes participating in high school athletics in Hawaii.
There appears to be expenditure disparities and unequal access to
resources and facilities. Your Committees recognize that the
parties involved are motivated and working to achieve compliance
with Title IX.  This bill will create an accountability structure
that will provide the support necessary to effect the sometimes
logistically difficult changes that compliance with Title IX
requires.

     Your Committees have amended this bill by deleting the
section titled "Remedies."  This section seems to encourage
litigation to solve disputes when there already exist procedures
by which persons aggrieved by a violation of Title IX may seek
equitable relief.

     As affirmed by the records of votes of the members of your
Committees on Education and Judiciary and Hawaiian Affairs that
is attached to this report, your Committees are in accord with
the intent and purpose of H.B. No. 2857 and recommend that it
pass Second Reading and be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Education and
                                   Judiciary and Hawaiian
                                   Affairs,

                                   
                                   
                                   
                                   
______________________________     ______________________________
ERIC G. HAMAKAWA, Chair            KEN ITO, Chair