REPORT TITLE:
Gender Equity in Sports


DESCRIPTION:
Prohibits discrimination in athletics on the basis of sex in any
public school.  (HB532 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        532
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
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.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                    GENDER EQUITY IN SPORTS ACT
 
 6      §   -1  Interscholastic, club, and intramural athletics.
 
 7 (a)  No person, on the basis of sex, shall be excluded from
 
 8 participating in, be denied the benefits of, or be treated
 
 9 differently from, another person or otherwise be discriminated
 
10 against, in any interscholastic, club, or intramural athletics
 
11 offered by any public school; and no public school shall provide
 
12 athletics separately on the basis of sex.
 
13      (b)  Notwithstanding subsection (a) to the contrary, a
 
14 public school may operate or sponsor separate athletic teams for
 
15 members of each sex if the selection for the teams is based upon
 
16 competitive skill or the activity involved is a bodily contact
 
17 sport.  When a public school operates or sponsors a team in a
 
18 particular sport for members of one sex but does not operate or
 
19 sponsor such a team for members of the other sex, and athletic
 
20 opportunities for that sex have previously been limited, members
 

 
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 1 of the excluded sex shall be allowed to try out for the team
 
 2 offered unless the sport involved is a bodily contact sport.  For
 
 3 the purpose of this section, bodily contact sports include
 
 4 wrestling, boxing, rugby, ice hockey, football, basketball, and
 
 5 other sports in which the purpose or major activity involves
 
 6 bodily contact.
 
 7      (c)  This section shall not be construed to prohibit the
 
 8 grouping of students in physical education classes and activities
 
 9 by ability as assessed by objective standards of individual
 
10 performance developed and applied without regard to sex.  When
 
11 the use of a single standard of measuring skill or progress in a
 
12 physical education class has an adverse effect on the members of
 
13 one sex, the public school shall use appropriate standards that
 
14 do not have such an effect.
 
15      (d)  A public school that operates or sponsors
 
16 interscholastic, club, or intramural athletics shall provide
 
17 equal athletic opportunity for members of both sexes.  In
 
18 determining whether equal opportunities are available, the
 
19 superintendent of education and the advisory commission on gender
 
20 equity in sports shall consider the following factors:
 
21      (1)  Whether the selection of sports and levels of
 
22           competition fully and effectively accommodate the
 
23           interests and abilities of members of both sexes;
 

 
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 1      (2)  The provision of equipment and supplies;
 
 2      (3)  The scheduling of games and practice times;
 
 3      (4)  Travel and per diem allowances;
 
 4      (5)  Opportunities to receive coaching and academic
 
 5           tutoring;
 
 6      (6)  Assignment and compensation of coaches and tutors;
 
 7      (7)  The provision of locker room, practice, and competitive
 
 8           facilities;
 
 9      (8)  The provision of medical and training facilities and
 
10           services;
 
11      (9)  The provision of housing and dining facilities and
 
12           services; and
 
13     (10)  Publicity.
 
14 Unequal aggregate expenditures for members of each sex or unequal
 
15 expenditures for male and female teams, if a public school
 
16 operates or sponsors separate teams, do not constitute a
 
17 violation of this section but, in determining violations of this
 
18 section, the failure to provide necessary funds for teams for one
 
19 sex in assessing equality of opportunity for members of each sex
 
20 shall be considered.
 
21      (e)  A public school may provide separate toilet, locker
 
22 room, and shower facilities on the basis of sex, but the
 
23 facilities shall be comparable to the facilities provided for
 
24 students of the other sex.
 

 
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 1      §   -2  Advisory commission on gender equity in sports.(a)
 
 2 There is established within the department of education for
 
 3 administrative purposes only, an advisory commission on gender
 
 4 equity in sports.  The advisory commission shall consist of seven
 
 5 members appointed by the superintendent of education, who shall
 
 6 ensure that the advisory commission represents, to the maximum
 
 7 extent possible, the gender, racial, and ethnic diversity of the
 
 8 State.
 
 9      (b) The advisory commission shall examine gender equity in
 
10 athletics in the public school system.  The advisory commission
 
11 shall determine if any school does not exhibit substantial
 
12 progress toward compliance with Title IX of the Education
 
13 Amendments of 1972 and section 302A-1001.  Based upon its
 
14 findings and determinations, the advisory commission may make
 
15 recommendations to the board of education, the superintendent of
 
16 education, and the legislature.
 
17      §   -3  Superintendent of education.  (a)  By July 1, 2000,
 
18 the superintendent of education shall define equity in athletics
 
19 for all public high schools and shall recommend rules for
 
20 appropriate enforcement mechanisms to ensure equity.  The
 
21 recommendations shall include:
 
22      (1)  A determination of an equitable rate of participation
 
23           of males and females in athletics at public schools;
 
24           and
 

 
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 1      (2)  A determination of the appropriate consideration of
 
 2           revenues when making decisions about the equitable use
 
 3           of funds for support of athletic activities, including
 
 4           all funds received and expended for athletic promotion
 
 5           or support, including revenues from direct-support
 
 6           organizations.
 
 7      (b)  The superintendent of education shall develop and
 
 8 implement enforcement mechanisms with appropriate penalties to
 
 9 ensure that public schools comply with Title IX of the Education
 
10 Amendments of 1972 and section 302A-1001.  The superintendent of
 
11 education may not require a public school to conduct, nor
 
12 penalize a public school for not conducting, a program of
 
13 athletic activity for female athletes unless it is an athletic
 
14 activity approved for women by a nationally-recognized
 
15 association whose purpose is to promote athletics, and a
 
16 conference or league exists to promote interscholastic
 
17 competition for women in that athletic activity.
 
18      §   -4  Compliance report.  Beginning in the year 2000, the
 
19 superintendent of education shall submit to the legislature and
 
20 the advisory commission on gender equity in sports no later than
 
21 September 1 of each year, a report of compliance with Title IX of
 
22 the Education Amendments of 1972, including a Title IX plan for
 
23 compliance with timelines for compliance for every public high
 

 
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 1 school, an analysis and assessment of current activities with
 
 2 respect to Title IX compliance, and itemized expenditures for
 
 3 athletics.
 
 4      §   -5  Applicability.  This chapter shall apply to all
 
 5 public schools as defined in section 302A-101."
 
 6      SECTION 2.  If any provision of this Act, or the application
 
 7 thereof to any person or circumstance is held invalid, the
 
 8 invalidity does not affect other provisions or applications of
 
 9 the Act which can be given effect without the invalid provision
 
10 or application, and to this end the provisions of this Act are
 
11 severable.
 
12      SECTION 3.  This Act shall take effect upon its approval.