Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 829 - SEX EQUITY
Section 829.70 - Extracurricular Programs and Activities
Universal Citation: 89 IL Admin Code ยง 829.70
Current through Register Vol. 48, No. 38, September 20, 2024
a) General Practices
1) Except as provided in subsection
(b)(1)(A), students of both sexes shall have equal access to all
extracurricular programs and activities, including clubs, committees, service
or honor organizations, intramural sports programs, interscholastic athletics
and other after-school activities that are offered by a School.
2) Except as provided in subsection
(b)(1)(A), extracurricular programs and activities offered by a School shall
not use titles that imply that membership or participation is restricted on the
basis of sex.
3) A School shall not
provide significant assistance to any association or conference whose purpose
is to organize or regulate interscholastic competition if that association or
conference discriminates on the basis of sex in the provision of benefits or
services to students.
4) The School
may cooperate with single sex youth organizations that are tax exempt and whose
membership has traditionally been limited to members of one sex and principally
to persons who are under 19 years of age, provided that comparable activities
shall be available for both sexes.
b) Selected Activity Areas
1) Athletics (Interscholastic and Intramural)
A) Both sexes shall be accorded equal
opportunities to participate in athletic programs.
i) Single-sex teams are permitted for contact
sports or when selection for team membership is based upon competitive skill,
provided the interests and abilities of both sexes are accommodated.
ii) In a non-contact sport, when a team is
provided only for members of one sex, members of the excluded sex must be
allowed to compete for a place on the team if their overall athletic
opportunities have been limited in comparison with those of the other
sex.
iii) When a coeducational team
in a given sport does not accommodate the interests and abilities of members of
both sexes, separate teams shall be afforded by sex. For example, if the level
of interest determined pursuant to subsection (b)(1)(B) indicates that 30
students of one sex and 30 students of the other sex want to participate in a
particular sport, but only one student of the first sex is able to qualify to
compete while 20 students of the other sex do so, a coeducational team does not
accommodate the interests and abilities of both sexes.
B) At least once every four years, each
School shall assess student athletics interest by administering a written
survey to all students. If survey data indicate that the overall levels of
student interest in the range of alternatives being provided are disparate
between the sexes and this disparity may be the result of discrimination, the
School shall initiate efforts to reduce this disparity.
C) Based upon the results of the interest
survey, existing offerings and other pertinent factors (e.g., budget,
facilities, available competition, etc.), each School shall provide comparable
continuity in sports opportunities for students of both sexes (i.e., students
have the opportunity to acquire skills at successive levels, over time, within
a given sport).
D) The nature and
extent of the athletics programs offered by a School shall accommodate the
interests and abilities of both sexes to a comparable degree. Factors to be
considered in assessing program comparability include, but are not necessarily
limited to, the following:
i) selection of
sports offered;
ii) levels of
competition within sports;
iii)
length of sports seasons;
iv)
scheduling of athletics opportunities throughout the calendar year;
v) scheduling of practices and games during
prime time;
vi) use of facilities
for practice and competition;
vii)
ratio of coaches to athletes;
viii)
quality of coaching and officiating (e.g., credentials, experience and
compensation);
ix) assignment and
compensation of coaches and officials;
x) supplies and equipment;
xi) allowances for travel and per
diem;
xii) medical and training
services;
xiii) publicity for teams
and individual participants; and
xiv) overall distribution of athletic budget
funds.
2)
Music
A) Choruses segregated by sex shall not
be allowed; however, choral groups based upon vocal range and qualities are
allowable.
B) Instrumental music
skill acquisition and performance shall be based upon students' individual
interests and abilities, regardless of their sex.
3) Speech and Drama
A) Competitive speaking events shall be open
to both sexes.
B) Materials limited
to a single sex (e.g., a monologue specific to one sex) may be used as long as
comparable opportunities are provided for both sexes.
4) Miscellaneous
A) Activities such as cheerleading, pompom
squads, color guards, school safety patrol, teacher or office aides, and
library assistants shall be open to students of both sexes.
i) Participation criteria, selection
procedures, or uniform restrictions that would discriminate on the basis of sex
shall not be applied.
ii) Criteria
for the utilization of these groups shall not discriminate on the basis of
sex.
B) A king or queen
of an activity may be selected; however, comparable opportunities for students
of both sexes shall be provided.
C)
If a School sponsors mother-son, father-daughter, mother-daughter, or
father-son activities, comparable activities shall be available for both sexes,
and the special needs of children from single-parent families shall be
accommodated.
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