CONFERENCE COMMITTEE REPORT NO.124

                            Honolulu, Hawaii
                                            , 2000

                            RE:   S.B. No. 2475
                                  S.D. 1
                                  H.D. 3
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

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

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 2475, S.D. 1, H.D. 3, entitled:  

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

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this measure is to prohibit gender
discrimination in interscholastic, club, and intramural athletics
in public schools, in grades nine through twelve.

     Specifically, this bill:

     (1)  Specifies factors that the Superintendent and the
          advisory committee may consider when assessing equality
          of opportunity for members of each sex, including
          unequal aggregate expenditures for members of each sex
          or unequal expenditures for male and female teams;


 
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     (2)  Allows the establishment of an Advisory Commission on
          Gender Equity in Sports and requires the advisory
          commission to determine if any school does not exhibit
          substantial progress toward compliance with state and
          federal laws prohibiting sexual discrimination in
          athletics;

     (3)  Allows the Superintendent to define equity in athletics
          for all public high schools; develop a strategic plan;
          recommend rules for appropriate enforcement mechanisms
          to ensure equity; and prepare a compliance report to
          submit to the Legislature and the advisory commission;
          and

     (4)  Applies this measure to public schools, grades 9 to 12.

     Upon further consideration, your Committee on Conference
amended the measure to:

     (1)  Add a new provision on gender equity in athletics which
          prohibits denial of benefits or discrimination in
          athletics offered by a public school;

     (2)  Delineate with more specificity some of the factors
          that the Superintendent and the advisory commission
          must consider when assessing equality of opportunity
          for members of each gender;

     (3)  Require consideration of the failure to provide
          necessary funds for teams for one gender in assessing
          equality of opportunity for members of each gender,
          when determining violations;

     (4)  Establish, for three years, a seven-member advisory
          commission which may make recommendations to the Board
          of Education, Superintendent of Education, and
          Legislature;

     (5)  Require the Superintendent of Education to:

          (A)  Define equity in athletics for all public high
               schools; 

          (B)  Recommend rules for appropriate enforcement
               mechanisms to ensure equity; 

          (C)  Develop a strategic plan containing
               recommendations and a timetable to achieve equity;


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          (D)  Commence and continue by the expiration of the
               advisory commission those recommendations relating
               to the use of existing personnel, equipment,
               resources, and facilities; and

          (E)  Submit to the Legislature and the advisory
               commission on gender equity on sports a report of
               compliance with Title IX;

     (6)  Specifying that no private right of action shall arise
          under the provisions contained within this Act; and

     (7)  Change the effective date to July 1, 2000.

     In making these amendments, your Committee on Conference
acknowledges that the Department of Education has already
initiated a process to self-analyze and implement its means of
compliance with Title IX.  Thus, this measure merely formalizes
those efforts.  Further, your Committee on Conference notes that
this measure is not intended to abrogate the Legislature's power
to appropriate funds for the purpose of achieving compliance or
require the expenditure of new or supplemental funds absent
legislative appropriation.  Accordingly, your Committee on
Conference amended this measure to emphasize that the
implementation of the Superintendent's recommendations over the
stated three-year time period shall only apply to existing
personnel, equipment, resources, and facilities, as opposed to
those recommendations that will require new or supplemental
funding by the Legislature.

     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of S.B. No. 2475, S.D. 1, H.D. 3, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as S.B. No. 2475, S.D. 1, H.D. 3, C.D. 1.


 
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                                   Respectfully submitted on
                                   behalf of the managers:

  ON THE PART OF THE HOUSE           ON THE PART OF THE SENATE




_____________________________     _______________________________
Rep. KEN ITO                      Sen. DAVID Y. IGE
Co-Chair                          Co-Chair



_____________________________     _______________________________
Rep. SCOTT K. SAIKI               Sen. NORMAN SAKAMOTO
Co-Chair                          Co-Chair



_____________________________     
Rep. IRIS IKEDA CATALANI          
Co-Chair                          

 
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