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