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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BRIGGS, BRADFORD, BRENNAN, CALTAGIRONE, DeLUCA, DePASQUALE, FABRIZIO, FREEMAN, JOSEPHS, KORTZ, KULA, MATZIE, MULLERY, MURT, M. O'BRIEN, ROEBUCK, SANTARSIERO, STURLA, SWANGER, TOEPEL, WAGNER AND YOUNGBLOOD, MARCH 21, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, MARCH 21, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," providing for disclosure by school |
6 | entities of certain interscholastic athletic opportunity |
7 | information. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. The act of March 10, 1949 (P.L.30, No.14), known |
11 | as the Public School Code of 1949, is amended by adding an |
12 | article to read: |
13 | ARTICLE XVI-C |
14 | DISCLOSURE OF INTERSCHOLASTIC ATHLETICS OPPORTUNITIES |
15 | Section 1601-C. Scope of article. |
16 | This article requires reporting by school entities of |
17 | athletic opportunities afforded to male and female secondary |
18 | school students. |
19 | Section 1602-C. Definitions. |
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1 | The following words and phrases when used in this article |
2 | shall have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Athletic facilities." Locker rooms, playing fields, |
5 | gymnasiums, field houses, arenas, athletic training rooms, |
6 | stadiums, weight rooms or any other location used by secondary |
7 | school students and their coaches for sports training, practice, |
8 | competition and coaching. |
9 | "Department." The Department of Education of the |
10 | Commonwealth. |
11 | "Equipment and supplies." Sport-specific equipment and |
12 | supplies, general equipment and supplies, instructional devices |
13 | and conditioning and weight training equipment. |
14 | "Participant." A student-athlete who is: |
15 | (1) receiving institutionally sponsored support normally |
16 | provided to athletes competing at the institution involved, |
17 | such as coaching, equipment, medical and training room |
18 | services, on a regular basis during a sport's season; |
19 | (2) participating in organized practice sessions and |
20 | other team meetings and activities on a regular basis during |
21 | a sport's season; and |
22 | (3) listed on the team list on the day of the team's |
23 | first scheduled competition, excluding preseason scrimmages. |
24 | "Race/ethnicity." American Indian/Alaskan Native; |
25 | Asian/Pacific Islander; Black, non-Hispanic; Hispanic and White, |
26 | non-Hispanic. |
27 | "School entity." Any public or private primary or secondary |
28 | educational program or activity that receives Federal financial |
29 | assistance, as defined under Title IX of the Education |
30 | Amendments of 1972 (Public Law 92-318, 20 U.S.C. § 1681 et |
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1 | seq.), that provides interscholastic athletic opportunities for |
2 | secondary school students. |
3 | "Secondary school student." A student who attends a school |
4 | entity in grade 7 through grade 12. |
5 | "Travel." Transportation, housing furnished during travel |
6 | and per diem dining allowances. |
7 | "Uniforms." Clothing for practice and games, such as shoes, |
8 | rain gear and warm-up suits. |
9 | Section 1603-C. Duty to disclose. |
10 | (a) Information.--A school entity shall annually submit |
11 | information to the department regarding interscholastic athletic |
12 | opportunity and treatment for male and female secondary school |
13 | students for the preceding school year. |
14 | (b) Disclosure form.--The information shall be submitted on |
15 | a disclosure form and in a manner to be established by the |
16 | department. |
17 | (c) Submission.--By October 15, 2012, and October 15 of each |
18 | year thereafter, a school entity shall submit to the department |
19 | the completed disclosure form for the immediately preceding |
20 | school year. |
21 | (d) Public access.--No later than November 1 of each year, a |
22 | school entity shall make a copy of the completed disclosure form |
23 | available for public inspection during regular business hours, |
24 | including on any publicly accessible Internet website of the |
25 | school entity. The completed disclosure form shall constitute a |
26 | public record subject to public inspection under the act of |
27 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
28 | (e) Notice to students and other affected individuals.--As |
29 | soon as the disclosure form required by this section is |
30 | completed, each school entity shall provide notice of its |
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1 | availability for review to students, educational personnel, |
2 | student athletes and parents by posting a notice on school |
3 | bulletin boards, in the school newspaper, on any electronic |
4 | mailing list or list serve, and by any other means reasonably |
5 | likely to provide such notice. |
6 | Section 1604-C. Department duties. |
7 | (a) Duties.--The department shall establish a disclosure |
8 | form for the submission of the required information for the |
9 | immediately preceding school year by school entities. The |
10 | department shall provide for the distribution of the disclosure |
11 | form through the department's Internet website and shall provide |
12 | technical assistance to school entities. |
13 | (b) Disclosure form information.--The following information |
14 | shall be included in the disclosure form: |
15 | (1) The total number of students in each school entity |
16 | and in each secondary school within a school entity as of |
17 | October 1 of the immediately preceding school year, |
18 | including: |
19 | (i) the total number of students by gender; and |
20 | (ii) the total number of male students by |
21 | race/ethnicity and the total number of female students by |
22 | race/ethnicity. |
23 | (2) A listing by gender of each varsity, junior varsity |
24 | and freshman athletic team that competed in interscholastic |
25 | athletic competition. |
26 | (3) For each team identified in paragraph (2), the |
27 | following information: |
28 | (i) The total number of team participants as of the |
29 | day of the first scheduled competition for each team by |
30 | gender. |
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1 | (ii) The total number of male team participants by |
2 | race/ethnicity and the total number of female team |
3 | participants by race/ethnicity, as of the day of the |
4 | first scheduled competition for each team. |
5 | (iii) For the initial submission under this article, |
6 | the school year in which each existing interscholastic |
7 | athletic team was established and, for teams that the |
8 | school entity sponsored in the past but no longer |
9 | sponsors, the identity of the team and the year it was |
10 | eliminated or demoted from interscholastic competition. |
11 | For each subsequent year, a listing of interscholastic |
12 | athletic teams that were newly established, |
13 | reestablished, eliminated or demoted from interscholastic |
14 | competition during the reported school year. |
15 | (iv) The seasons during which each interscholastic |
16 | athletic team competed. |
17 | (v) The total value of contributions and purchases |
18 | made on behalf of each team by booster clubs, alumni and |
19 | any other nonschool sources. |
20 | (vi) The total expenditures for each team in the |
21 | school year, including a separate listing of expenditures |
22 | for each team in each of the following categories: |
23 | (A) The total amount of expenditures for travel. |
24 | (B) The total amount of expenditures for |
25 | purchase and replacement of athletic uniforms. |
26 | (C) The total amount of expenditures for |
27 | purchase and replacement of equipment and supplies. |
28 | (D) Compensation of coaches, per sport and per |
29 | season. |
30 | (E) Expenditures made for construction, |
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1 | renovation, expansion, maintenance, repair and rental |
2 | of athletic facilities. For any facilities shared by |
3 | multiple teams, expenditures per team shall be |
4 | calculated either by dividing expenditures by the |
5 | number of teams using the facility or percentage of |
6 | time used by each team. |
7 | (F) Compensation of athletic trainers per |
8 | academic year. |
9 | (vii) The total number of trainers, including the |
10 | amount of time spent by each athletic trainer with each |
11 | team. |
12 | (viii) The total number of coaches per team by |
13 | employment status, full-time, part-time, head and |
14 | assistant. |
15 | (ix) The total number of competitions scheduled and |
16 | played per team. |
17 | (x) The name of the school entity's Title IX |
18 | compliance officer required under 34 CFR § 106.8(a) |
19 | (relating to designation of responsible employee and |
20 | adoption of grievance procedures). |
21 | (c) Copies.--The department shall make copies of all |
22 | submitted disclosures available for public inspection on the |
23 | department's publicly accessible Internet website. |
24 | (d) Annual report.--No later than January 15 of each year, |
25 | the department shall prepare and submit an annual report to the |
26 | General Assembly regarding the compliance with the disclosure |
27 | requirements of this article and summarizing the information |
28 | submitted to it regarding interscholastic athletic opportunity |
29 | for and treatment of each gender by race and ethnic group, and |
30 | other such information as the department deems relevant. |
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1 | Section 1605-C. Regulations. |
2 | The department may promulgate rules, regulations or standards |
3 | to administer this article. |
4 | Section 2. This act shall take effect as follows: |
5 | (1) The addition of section 1604-C(b)(3)(v) of the act |
6 | shall take effect two years from the effective date of this |
7 | section. |
8 | (2) This section shall take effect immediately. |
9 | (3) The remainder of this act shall take effect in 60 |
10 | days. |
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