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| PRIOR PRINTER'S NO. 562 | PRINTER'S NO. 1981 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY M. WHITE, YAW, EARLL, TARTAGLIONE, BROWNE, FARNESE, TOMLINSON, PIPPY, WILLIAMS, RAFFERTY, LEACH, BREWSTER, COSTA, BOSCOLA, BAKER, FONTANA, STACK, YUDICHAK, WARD, WOZNIAK, DINNIMAN AND VANCE, FEBRUARY 17, 2011 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, MARCH 6, 2012 |
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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 |
15 | ATHLETICS OPPORTUNITIES |
16 | Section 1601-C. Scope of article. |
17 | This article requires reporting by school entities of |
18 | athletic opportunities afforded to male and female secondary |
19 | school students. |
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1 | Section 1602-C. Definitions. |
2 | The following words and phrases when used in this article |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | "Athletic facilities." Locker rooms, playing fields, |
6 | gymnasiums, field houses, arenas, athletic training rooms, |
7 | stadiums, weight rooms or any other location used by secondary |
8 | school students and their coaches for sports training, practice, |
9 | competition and coaching. |
10 | "Department." The Department of Education of the |
11 | Commonwealth. |
12 | "Equipment and supplies." Sport-specific equipment and |
13 | supplies, general equipment and supplies, instructional devices |
14 | and conditioning and weight training equipment. |
15 | "Participant." A student-athlete secondary school student | <-- |
16 | who is: |
17 | (1) receiving institutionally sponsored support normally |
18 | provided to athletes competing at the institution involved, |
19 | such as coaching, equipment, medical and training room |
20 | services, on a regular basis during a sport's season; |
21 | (2) participating in organized practice sessions and |
22 | other team meetings and activities on a regular basis during |
23 | a sport's season; and |
24 | (3) listed on the team list on the day of the team's |
25 | first scheduled competition, excluding preseason scrimmages. |
26 | "Race/ethnicity." American Indian/Alaskan Native; | <-- |
27 | Asian/Pacific Islander; Black, non-Hispanic; Hispanic and White, |
28 | non-Hispanic. |
29 | "School entity." Any public or private primary or secondary | <-- |
30 | educational program or activity that receives Federal financial |
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1 | assistance, as defined under Title IX of the Education |
2 | Amendments of 1972 (Public Law 92-318, 20 U.S.C. § 1681 et |
3 | seq.), A school of a school district, joint school district, | <-- |
4 | area vocational-technical school or charter school that provides |
5 | interscholastic athletic opportunities for secondary school |
6 | students. |
7 | "Secondary school student." A student who attends a school |
8 | entity in grades 7 through grade 12. | <-- |
9 | "Travel." Transportation, housing furnished during travel |
10 | and per diem dining allowances. |
11 | "Uniforms." Clothing for practice and games, such as shoes, |
12 | rain gear and warm-up suits. |
13 | Section 1603-C. Duty to disclose. |
14 | (a) Information.--A school entity shall annually submit |
15 | information to the department regarding interscholastic athletic |
16 | opportunity and treatment for male and female secondary school |
17 | students for the preceding school year. |
18 | (b) Disclosure form.--The information shall be submitted on |
19 | a disclosure form and in a manner to be established by the |
20 | department. |
21 | (c) Submission.--By October 15, 2011 2013, and October 15 of | <-- |
22 | each year thereafter, a school entity shall submit to the |
23 | department the completed disclosure form for the immediately |
24 | preceding school year. |
25 | (d) Public access.--No later than November 1 of each year, a |
26 | school entity shall make a copy of the completed disclosure form |
27 | available for public inspection during regular business hours, |
28 | including on any publicly accessible Internet website of the |
29 | school entity. The completed disclosure form shall constitute a |
30 | public record subject to public inspection under the act of |
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1 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
2 | (e) Notice to students and other affected individuals.--As |
3 | soon as the disclosure form required by this section is |
4 | completed, each school entity shall provide notice of its |
5 | availability for review to students, educational personnel, |
6 | student athletes and parents by posting a notice on school |
7 | bulletin boards, in the school newspaper, on any electronic |
8 | mailing list or list serve, and by any other means reasonably |
9 | likely to provide such notice. |
10 | Section 1604-C. Department duties. |
11 | (a) Duties.--The department shall establish a disclosure |
12 | form for the submission of the required information for the |
13 | immediately preceding school year by school entities. The |
14 | department shall provide for the distribution of the disclosure |
15 | form through the department's Internet website and shall provide |
16 | technical assistance to school entities. |
17 | (b) Disclosure form information.--The following information |
18 | shall be collected for all secondary school students in grades 7 | <-- |
19 | through 12 and shall be included in the disclosure form: |
20 | (1) The total number of students in each school entity |
21 | and in each secondary school within a school entity as of | <-- |
22 | October 1 of the immediately preceding school year, |
23 | including: |
24 | (i) the total number of students by gender; and |
25 | (ii) the total number of male students by |
26 | race/ethnicity race or ethnicity and the total number of | <-- |
27 | female students by race/ethnicity race or ethnicity. | <-- |
28 | (2) A listing by gender of each varsity, junior varsity |
29 | and freshman athletic team that competed in interscholastic |
30 | athletic competition. |
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1 | (3) For each team identified in paragraph (2), the |
2 | following information: |
3 | (i) The total number of team participants as of the |
4 | day of the first scheduled competition for each team by |
5 | gender. |
6 | (ii) The total number of male team participants by |
7 | race/ethnicity race or ethnicity and the total number of | <-- |
8 | female team participants by race/ethnicity race or | <-- |
9 | ethnicity, as of the day of the first scheduled |
10 | competition for each team. |
11 | (iii) For the initial submission under this article, |
12 | the school year in which each existing interscholastic |
13 | athletic team was established and, for teams that the |
14 | school entity sponsored in the past but no longer |
15 | sponsors, the identity of the team and the year it was |
16 | eliminated or demoted from interscholastic competition. |
17 | For each subsequent year, a listing of interscholastic |
18 | athletic teams that were newly established, |
19 | reestablished, eliminated or demoted from interscholastic |
20 | competition during the reported school year. |
21 | (iv) The seasons during which each interscholastic |
22 | athletic team competed. |
23 | (v) The total value of contributions and purchases |
24 | made on behalf of each team by booster clubs, alumni and |
25 | any other nonschool sources. |
26 | (vi) The total expenditures for each team in the |
27 | school year, including a separate listing of expenditures |
28 | for each team in each of the following categories: |
29 | (A) The total amount of expenditures for travel. |
30 | (B) The total amount of expenditures for |
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1 | purchase and replacement of athletic uniforms. |
2 | (C) The total amount of expenditures for |
3 | purchase and replacement of equipment and supplies. |
4 | (D) Compensation of coaches, per sport and per |
5 | season. |
6 | (E) Expenditures made for construction, |
7 | renovation, expansion, maintenance, repair and rental |
8 | of athletic facilities. For any facilities shared by |
9 | multiple teams, expenditures per team shall be |
10 | calculated either by dividing expenditures by the |
11 | number of teams using the facility or percentage of |
12 | time used by each team. |
13 | (F) Compensation of athletic trainers per |
14 | academic year. |
15 | (vii) The total number of athletic trainers, |
16 | including the amount of time spent by each athletic |
17 | trainer with each team. |
18 | (viii) The total number of coaches per team by |
19 | employment status, full-time, part-time, head and |
20 | assistant. |
21 | (ix) The total number of competitions scheduled and |
22 | played per team. |
23 | (x) The name of the school entity's Title IX |
24 | compliance officer required under 34 CFR § 106.8(a) |
25 | (relating to designation of responsible employee and |
26 | adoption of grievance procedures). |
27 | (c) Copies.--The department shall make copies of all |
28 | submitted disclosures available for public inspection on the |
29 | department's publicly accessible Internet website. |
30 | (d) Annual report.--No later than January 15 of each year, |
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1 | the department shall prepare and submit an annual report to the |
2 | General Assembly regarding the compliance with the disclosure |
3 | requirements of this article and summarizing the information |
4 | submitted to it regarding interscholastic athletic opportunity |
5 | for and treatment of each gender by race and ethnic group, and |
6 | other such information as the department deems relevant. |
7 | Section 1605-C. Regulations. |
8 | The department may promulgate rules, regulations or standards |
9 | to administer this article. |
10 | Section 2. This act shall take effect as follows: |
11 | (1) The addition of section 1604-C(b)(3)(v) of the act |
12 | shall take effect two years from the effective date of this |
13 | section. |
14 | (2) This section shall take effect immediately. |
15 | (3) The remainder of this act shall take effect in 60 |
16 | days. |
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