REPORT TITLE:
Gender Equity in Sports


DESCRIPTION:
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.  (HB532 HD3)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        532
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
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.
 
 3      (c)  This section shall not be construed to prohibit the
 
 4 grouping of students in physical education classes and activities
 
 5 by ability as assessed by objective standards of individual
 
 6 performance developed and applied without regard to sex.  When
 
 7 the use of a single standard of measuring skill or progress in a
 
 8 physical education class has an adverse effect on the members of
 
 9 one sex, the public school shall use appropriate standards that
 
10 do not have this effect.
 
11      (d)  A public school that operates or sponsors
 
12 interscholastic, club, or intramural athletics shall provide
 
13 equal athletic opportunity for members of both sexes.  In
 
14 determining whether equal opportunities are available, the
 
15 superintendent of education and the advisory commission on gender
 
16 equity in sports shall consider the following factors:
 
17      (1)  Whether the selection of sports and levels of
 
18           competition fully and effectively accommodate the
 
19           interests and abilities of members of both sexes;
 
20      (2)  The provision of equipment and supplies;
 
21      (3)  The scheduling of games and practice times;
 
22      (4)  Travel and per diem allowances;
 
23      (5)  Opportunities to receive coaching and academic
 
24           tutoring;
 

 
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                                     H.B. NO.           H.D. 3
                                                        
                                                        


 1      (6)  Assignment and compensation of coaches and tutors;
 
 2      (7)  The provision of locker room, practice, and competitive
 
 3           facilities;
 
 4      (8)  The provision of medical and training facilities and
 
 5           services;
 
 6      (9)  The provision of housing and dining facilities and
 
 7           services; and
 
 8     (10)  Publicity.
 
 9 Unequal aggregate expenditures for members of each sex or unequal
 
10 expenditures for male and female teams, if a public school
 
11 operates or sponsors separate teams, do not constitute a
 
12 violation of this section but, in determining violations of this
 
13 section, the failure to provide necessary funds for teams for one
 
14 sex in assessing equality of opportunity for members of each sex
 
15 shall be considered.
 
16      (e)  A public school may provide separate toilet, locker
 
17 room, and shower facilities on the basis of sex, but the
 
18 facilities shall be comparable to the facilities provided for
 
19 students of the other sex.
 
20      §   -2  Advisory commission on gender equity in sports.(a)
 
21 There is established within the department of education, for
 
22 administrative purposes only, an advisory commission on gender
 
23 equity in sports.  The advisory commission shall consist of seven
 
24 members appointed by the superintendent of education, who shall
 

 
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 1 ensure that the advisory commission represents, to the maximum
 
 2 extent possible, the gender, racial, and ethnic diversity of the
 
 3 State.
 
 4      (b) The advisory commission shall examine gender equity in
 
 5 athletics in the public school system.  The advisory commission
 
 6 shall determine if any school does not exhibit substantial
 
 7 progress toward compliance with Title IX of the Education
 
 8 Amendments of 1972 and section 302A-1001.  Based upon its
 
 9 findings and determinations, the advisory commission may make
 
10 recommendations to the board of education, the superintendent of
 
11 education, and the legislature.
 
12      §   -3  Superintendent of education.  (a)  By July 1, 2000,
 
13 the superintendent of education shall define equity in athletics
 
14 for all public high schools and shall recommend rules for
 
15 appropriate enforcement mechanisms to ensure equity.  A strategic
 
16 plan shall be developed to implement the recommendations over
 
17 three years.  The recommendations shall include:
 
18      (1)  A determination of an equitable rate of participation
 
19           of males and females in athletics at public schools;
 
20           and
 
21      (2)  A determination of the appropriate consideration of
 
22           revenues when making decisions about the equitable use
 
23           of funds for support of athletic activities, including
 
24           all funds received and expended for athletic promotion
 

 
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 1           or support, including revenues from direct-support
 
 2           organizations.
 
 3      (b)  Indicators shall be developed and benchmarks shall be
 
 4 established to measure progress towards goals.
 
 5      §   -4  Compliance report.  Beginning in the year 2000, the
 
 6 superintendent of education shall submit to the legislature and
 
 7 the advisory commission on gender equity in sports, no later than
 
 8 September 1 of each year, a report of compliance with Title IX of
 
 9 the Education Amendments of 1972, including a compliance plan
 
10 with timelines for every public high school, an analysis and
 
11 assessment of current activities with respect to Title IX
 
12 compliance, and itemized expenditures for athletics.
 
13      §   -5  Applicability.  This chapter shall apply to all
 
14 public schools as defined in section 302A-101."
 
15      SECTION 2.  If any provision of this Act, or the application
 
16 thereof to any person or circumstance is held invalid, the
 
17 invalidity does not affect other provisions or applications of
 
18 the Act which can be given effect without the invalid provision
 
19 or application, and to this end the provisions of this Act are
 
20 severable.
 
21      SECTION 3.  This Act shall take effect upon its approval.