Current through Register Vol. 35, No. 18, September 24, 2024
A. No officer,
agent or employee of any local school board, school district or charter school
shall subject any person to discrimination based on gender in any
interscholastic sport. Nor shall any public school operate its interscholastic
program in a manner that discriminates against students or staff on the basis
of gender.
B. School districts and
charter schools shall provide comparable athletic opportunity in
interscholastic sports for both genders. Each school district and charter
school has the option of prohibiting participation by both genders on the same
team, where comparable or separate athletic opportunity exists for both
genders. Comparable athletic opportunity exists only where a good faith effort
is made so that teams are provided with comparable facilities, equipment,
supplies, game and practice schedules, travel and per diem allowances, coaching
(including assignment and compensation of coaches), academic tutoring, housing,
dining facilities and publicity.
C.
All school districts and charter schools shall designate at least one Title 9
coordinator whose name, title, school address and telephone number shall be
prominently displayed on the district's or charter school's website and in
school publications and handbooks. A Title 9 coordinator shall at a minimum
have the following responsibilities:
(1) to
receive and process complaints and inquiries related to Title 9;
(2) to make recommendations to the school
administration on best practices for avoiding and correcting sex discrimination
in school athletics programs;
(3)
to carry out the local school's athletic non-discrimination policy;
and
(4) to enforce corrective
measures to comply with Title 9 after an adjudication or determination of
non-compliance.
D. In
determining comparable athletic opportunity, each public school that has an
athletics program for grades seven through twelve shall undertake
self-evaluation and continuing reappraisal of student needs as determined by
the total educational program. To assist in the self-evaluation, each public
school that has an athletics program for grades seven through twelve shall
report the following data to the department;
(1) Beginning August 31, 2011 and each year
thereafter no later than August 31st, the following data shall be submitted to
the department in a format required by the department:
(a) the following information pertaining to
enrollment:
(i) the total enrollment in each
public school as an average of enrollment at the eightieth and one hundred
twentieth days of the school year;
(ii) student enrollment by gender;
(iii) total number of students participating
in athletics;
(iv) athletics
participation by gender; and
(v)
the number of boys' teams and girls' teams by sport and by competition
level;
(b) the following
information pertaining to athletic directors, coaches and other school
personnel:
(i) the name and gender of each
public school's athletic director;
(ii) the name of each team's coaches and
other team personnel, with their gender, job title and employment status, such
as full-time, part-time, contract or seasonal, specified;
(iii) the coach-to-athlete and
staff-to-athlete ratio for each team; and
(iv) the stipend or other compensation for
coaching paid to coaches of boys' teams and to coaches of girls' teams for each
public school.
(2) Beginning August 31, 2012 and each year
thereafter no later than August 31st, the following data shall be submitted to
the department in a format required by the department:
(a) an accounting of the funding sources that
are used to support the school's athletics programs and to which teams those
funds are allocated funding sources include;
(i) state funding;
(ii) federal funding;
(iii) fund raising or booster
clubs;
(iv) game and concession
receipts;
(v) gate
receipts;;
(vi) cash or in-kind
donations;
(vii) grants;
and
(viii) any other
sources;
(b) the
following information regarding expenditures;
(i) any capital outlay expenditures for each
public school's athletics programs;
(ii) the expenditures for each public
school's athletics programs; and
(iii) the expenditures of individual teams,
including travel expenses such as transportation, meal allowances and overnight
accommodations; equipment; uniforms; facilities; facilities improvements;
publicity expenses; awards; banquets; insurance; and other expenses incurred by
each team;
(c) a
statement of benefits and services to each team.
E. Each public school shall:
(1) make the above referenced data available
to the public including all materials relied upon to compile the
data;
(2) at least annually inform
all students attending their school of their right to review the
data;
(3) maintain in a retrievable
form its data and all materials relied upon to complete the data for at least
three years;
(4) annually publish
its data in a newspaper of general circulation in the state or make the data
available on its publicly accessible website; and
(5) no later than August 31st of each year
submit an assurance of compliance with Title 9 to its local school board or
governing body and provide a copy to the department.
F. The department shall publish and submit an
annual report to the governor and legislature including the following
information:
(1) each public school's
data;
(2) a list of public schools
that did not submit fully completed data;
(3) a list of public school that fail to
submit the assurance of compliance with Title 9; and
(4) recommendations on how to increase gender
equity in athletics in public schools.
