AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," repealing provisions relating to
6disclosure of interscholastic athletic opportunities.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Article XVI-C of the act of March 10, 1949
10(P.L.30, No.14), known as the Public School Code of 1949, added
11June 30, 2012 (P.L.684, No.82), is repealed:

12[ARTICLE XVI-C

13DISCLOSURE OF INTERSCHOLASTIC

14ATHLETICS OPPORTUNITIES

15Section 1601-C. Scope of article.

16This article requires reporting by school entities of
17athletic opportunities afforded to male and female secondary
18school students.

19Section 1602-C. Definitions.

20The following words and phrases when used in this article

1shall have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Athletic facilities." Locker rooms, playing fields,
4gymnasiums, field houses, arenas, athletic training rooms,
5stadiums, weight rooms or any other location used by secondary
6school students and their coaches for sports training, practice,
7competition and coaching.

8"Department." The Department of Education of the 
9Commonwealth.

10"Equipment and supplies." Sport-specific equipment and
11supplies, general equipment and supplies, instructional devices
12and conditioning and weight training equipment.

13"Participant." A secondary school student who is:

14(1) receiving institutionally sponsored support normally
15provided to athletes competing at the institution involved,
16such as coaching, equipment, medical and training room
17services, on a regular basis during a sport's season;

18(2) participating in organized practice sessions and
19other team meetings and activities on a regular basis during
20a sport's season; and

21(3) listed on the team list on the day of the team's
22first scheduled competition, excluding preseason scrimmages.

23"School entity." A school of a school district, joint school 
24district, area vocational-technical school or charter school 
25that provides interscholastic athletic opportunities for 
26secondary school students.

27"Secondary school student." A student who attends a school 
28entity in grades 7 through 12.

29"Travel." Transportation, housing furnished during travel
30and per diem dining allowances.

1"Uniforms." Clothing for practice and games, such as shoes,
2rain gear and warm-up suits.

3Section 1603-C. Duty to disclose.

4(a) Information.--A school entity shall annually submit
5information to the department regarding interscholastic athletic
6opportunity and treatment for male and female secondary school
7students for the preceding school year.

8(b) Disclosure form.--The information shall be submitted on
9a disclosure form and in a manner to be established by the
10department.

11(c) Submission.--By October 15, 2013, and October 15 of each
12year thereafter, a school entity shall submit to the department
13the completed disclosure form for the immediately preceding
14school year.

15(d) Public access.--No later than November 1 of each year, a 
16school entity shall make a copy of the completed disclosure form 
17available for public inspection during regular business hours, 
18including on any publicly accessible Internet website of the 
19school entity. The completed disclosure form shall constitute a 
20public record subject to public inspection under the act of 
21February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

22(e) Notice to students and other affected individuals.--As
23soon as the disclosure form required by this section is
24completed, each school entity shall provide notice of its
25availability for review to students, educational personnel,
26student athletes and parents by posting a notice on school
27bulletin boards, in the school newspaper, on any electronic
28mailing list or list serve and by any other means reasonably
29likely to provide such notice.

30Section 1604-C. Department duties.

1(a) Duties.--The department shall establish a disclosure
2form for the submission of the required information for the
3immediately preceding school year by school entities. The
4department shall provide for the distribution of the disclosure
5form through the department's Internet website and shall provide
6technical assistance to school entities.

7(b) Disclosure form information.--The following information
8shall be collected for all secondary school students in grades 7
9through 12 and shall be included in the disclosure form:

10(1) The total number of students in each school entity 
11as of October 1 of the immediately preceding school year, 
12including:

13(i) the total number of students by gender; and

14(ii) the total number of male students by race or
15ethnicity and the total number of female students by race
16or ethnicity.

17(2) A listing by gender of each varsity, junior varsity
18and freshman athletic team that competed in interscholastic
19athletic competition.

20(3) For each team identified in paragraph (2), the
21following information:

22(i) The total number of team participants as of the
23day of the first scheduled competition for each team by
24gender.

25(ii) The total number of male team participants by
26race or ethnicity and the total number of female team
27participants by race or ethnicity as of the day of the
28first scheduled competition for each team.

29(iii) For the initial submission under this article,
30the school year in which each existing interscholastic

1athletic team was established and, for teams that the
2school entity sponsored in the past but no longer
3sponsors, the identity of the team and the year it was
4eliminated or demoted from interscholastic competition.
5For each subsequent year, a listing of interscholastic
6athletic teams that were newly established,
7reestablished, eliminated or demoted from interscholastic
8competition during the reported school year.

9(iv) The seasons during which each interscholastic
10athletic team competed.

11(v) The total value of contributions and purchases
12made on behalf of each team by booster clubs, alumni and
13any other nonschool sources.

14(vi) The total expenditures for each team in the
15school year, including a separate listing of expenditures
16for each team in each of the following categories:

17(A) The total amount of expenditures for travel.

18(B) The total amount of expenditures for
19purchase and replacement of athletic uniforms.

20(C) The total amount of expenditures for
21purchase and replacement of equipment and supplies.

22(D) Compensation of coaches, per sport and per
23season.

24(E) Expenditures made for construction,
25renovation, expansion, maintenance, repair and rental
26of athletic facilities. For any facilities shared by
27multiple teams, expenditures per team shall be
28calculated either by dividing expenditures by the
29number of teams using the facility or percentage of
30time used by each team.

1(F) Compensation of athletic trainers per
2academic year.

3(vii) The total number of athletic trainers,
4including the amount of time spent by each athletic
5trainer with each team.

6(viii) The total number of coaches per team by
7employment status, full time, part time, head and
8assistant.

9(ix) The total number of competitions scheduled and
10played per team.

11(x) The name of the school entity's Title IX
12compliance officer required under 34 CFR § 106.8(a)
13(relating to designation of responsible employee and
14adoption of grievance procedures).

15(c) Copies.--The department shall make copies of all
16submitted disclosures available for public inspection on the
17department's publicly accessible Internet website.

18(d) Annual report.--No later than January 15 of each year,
19the department shall prepare and submit an annual report to the
20General Assembly regarding the compliance with the disclosure
21requirements of this article and summarizing the information
22submitted to it regarding interscholastic athletic opportunity
23for and treatment of each gender by race and ethnic group and
24other such information as the department deems relevant.

25Section 1605-C. Regulations.

26The department may promulgate rules, regulations or standards
27to administer this article.]

28Section 2. This act shall take effect in 60 days.