Bill Text: PA SB890 | 2009-2010 | Regular Session | Amended

---

Bill Title: Providing for disclosure of secondary school athletics equity.

Spectrum: Slight Partisan Bill (Democrat 15-9)

Status: (Engrossed - Dead) 2010-09-29 - Referred to EDUCATION [SB890 Detail]

Download: Pennsylvania-2009-SB890-Amended.html

---

PRIOR PRINTER'S NOS. 1060, 2039 PRINTER'S NO. 2207
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 890 Session of2009
INTRODUCED BY M. WHITE, DINNIMAN, BAKER, PIPPY, FERLO, WASHINGTON, McILHINNEY, O'PAKE, BROWNE, YAW, MELLOW, EARLL, BOSCOLA, WARD, FARNESE, STOUT, VANCE, FONTANA, KITCHEN, LEACH, TARTAGLIONE, STACK, WILLIAMS AND HUGHES, MAY 27, 2009
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 21, 2010
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for disclosure of secondary
school athletics equity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XVI-C
EQUITY IN INTERSCHOLASTIC ATHLETICS DISCLOSURE
Section 1601-C. Scope of article.
This article requires reporting by school entities of
athletic opportunities afforded to male and female secondary
school students.
Section 1602-C. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Athletic facilities." Locker rooms, playing fields,
gymnasiums, field houses, arenas, athletic training rooms,
stadiums, weight rooms or any other location used by secondary
school students and their coaches for sports training, practice,
competition and coaching.
"Department." The Department of Education of the
Commonwealth.
"Equipment and supplies." Sport-specific equipment and
supplies, general equipment and supplies, instructional devices
and conditioning and weight training equipment.
"Participant." A student-athlete who is:
(1) receiving institutionally sponsored support normally
provided to athletes competing at the institution involved,
such as coaching, equipment, medical and training room
services, on a regular basis during a sport's season;
(2) participating in organized practice sessions and
other team meetings and activities on a regular basis during
a sport's season; and
(3) listed on the team list on the day of the team's
first scheduled competition, excluding preseason scrimmages.
"Race/ethnicity." American Indian/Alaskan Native;
Asian/Pacific Islander; Black, non-Hispanic; Hispanic and White,
non-Hispanic.
"School entity." Any institution of primary or secondary
educational grades which is subject to license or inspection and
examination by the Department of Education, including, but not
limited to, a school district, a joint school district, an area
20090SB0890PN2207 - 2 -
vocational-technical school or charter school, a licensed
private academic school or a special education school that
provides interscholastic athletic opportunities for secondary
school students.
"Secondary school student." A student who attends a school
entity in grade 7 through grade 12.
"Travel." Transportation, housing furnished during travel
and per diem dining allowances.
"Uniforms." Clothing for practice and games, such as shoes,
rain gear and warm-up suits.
Section 1603-C. Duty to disclose.
(a) Information.--A school entity shall annually submit
information to the department regarding interscholastic athletic
opportunity and treatment for male and female secondary school
students for the preceding school year.
(b) Disclosure form.--The information shall be submitted on
a disclosure form and in a manner to be established by the
department.
(c) Submission.--By October 15, 2010 2011, and October 15 of <--
each year thereafter, a school entity shall submit to the
department the completed disclosure form for the immediately
preceding school year.
(d) Public access.--No later than November 1 of each year, a
school entity shall make a copy of the completed disclosure form
available for public inspection during regular business hours,
including on any publicly accessible Internet website of the
school entity. The completed disclosure form shall constitute a
public record subject to public inspection under the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(e) Notice to students and other affected individuals.--As
20090SB0890PN2207 - 3 -
soon as the disclosure form required by this section is
completed, each school entity shall provide notice of its
availability for review to students, educational personnel,
student athletes and parents by posting a notice on school
bulletin boards, in the school newspaper, on any electronic
mailing list or list serve, and by any other means reasonably
likely to provide such notice.
Section 1604-C. Department duties.
(a) Duties.--The department shall establish a disclosure
form for the submission of the required information for the
immediately preceding school year by school entities. The
department shall provide for the distribution of the disclosure
form through the department's Internet website and shall provide
technical assistance to school entities.
(b) Disclosure form information.--The following information
shall be included in the disclosure form:
(1) The total number of students in each school entity
and in each secondary school within a school entity as of
October 1 of the immediately preceding school year,
including:
(i) the total number of students by gender; and
(ii) the total number of male students by
race/ethnicity and the total number of female students by
race/ethnicity.
(2) A listing by gender of each varsity, junior varsity
and freshman athletic team that competed in interscholastic
athletic competition.
(3) For each team identified in paragraph (2), the
following information:
(i) The total number of team participants as of the
20090SB0890PN2207 - 4 -
day of the first scheduled competition for each team by
gender.
(ii) The total number of male team participants by
race/ethnicity and the total number of female team
participants by race/ethnicity, as of the day of the
first scheduled competition for each team.
(iii) For the initial submission under this article,
the school year in which each existing interscholastic
athletic team was established and, for teams that the
school entity sponsored in the past but no longer
sponsors, the identity of the team and the year it was
eliminated or demoted from interscholastic competition.
For each subsequent year, a listing of interscholastic
athletic teams that were newly established,
reestablished, eliminated or demoted from interscholastic
competition during the reported school year.
(iv) The seasons during which each interscholastic
athletic team competed.
(v) The total value of contributions and purchases
made on behalf of each team by booster clubs, alumni and
any other nonschool sources.
(vi) The total expenditures for each team in the
school year, including a separate listing of expenditures
for each team in each of the following categories:
(A) The total amount of expenditures for travel.
(B) The total amount of expenditures for
purchase and replacement of athletic uniforms.
(C) The total amount of expenditures for
purchase and replacement of equipment and supplies.
(D) Compensation of coaches, per sport and per
20090SB0890PN2207 - 5 -
season.
(E) Expenditures made for construction,
renovation, expansion, maintenance, repair and rental
of athletic facilities. For any facilities shared by
multiple teams, expenditures per team shall be
calculated either by dividing expenditures by the
number of teams using the facility or percentage of
time used by each team.
(F) Compensation of athletic trainers per
academic year.
(vii) The total number of trainers, including the
amount of time spent by each athletic trainer with each
team.
(viii) The total number of coaches per team by
employment status, full-time, part-time, head and
assistant.
(ix) The total number of competitions scheduled and
played per team.
(x) The name of the school entity's Title IX
compliance officer required under 34 CFR § 106.8(a)
(relating to designation of responsible employee and
adoption of grievance procedures).
(c) Copies.--The department shall make copies of all
submitted disclosures available for public inspection on the
department's publicly accessible Internet website.
(d) Annual report.--No later than January 15 of each year,
the department shall prepare and submit an annual report to the
General Assembly regarding the compliance with the disclosure
requirements of this article and summarizing the information
submitted to it regarding interscholastic athletic opportunity
20090SB0890PN2207 - 6 -
for and treatment of each gender by race and ethnic group, and
other such information as the department deems relevant.
Section 1605-C. Regulations.
The department may promulgate rules, regulations or standards
to administer this article.
Section 2. This act shall take effect as follows:
(1) The addition of section 1604-C(b)(3)(v) of the act
shall take effect two years from the effective date of this
section.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
20090SB0890PN2207 - 7 -