THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BRIGGS, BRADFORD, BRENNAN, CALTAGIRONE, DeLUCA, DePASQUALE, FABRIZIO, FREEMAN, JOSEPHS, KORTZ, KULA, MATZIE, MULLERY, MURT, M. O'BRIEN, ROEBUCK, SANTARSIERO, STURLA, SWANGER, TOEPEL, WAGNER AND YOUNGBLOOD, MARCH 21, 2011

REFERRED TO COMMITTEE ON EDUCATION, MARCH 21, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for disclosure by school

entities of certain interscholastic athletic opportunity

information.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding an

article to read:

ARTICLE XVI-C

DISCLOSURE OF INTERSCHOLASTIC ATHLETICS OPPORTUNITIES

Section 1601-C.  Scope of article.

This article requires reporting by school entities of

athletic opportunities afforded to male and female secondary

school students.

Section 1602-C.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Athletic facilities."  Locker rooms, playing fields,

gymnasiums, field houses, arenas, athletic training rooms, 

stadiums, weight rooms or any other location used by secondary

school students and their coaches for sports training, practice,

competition and coaching.

"Department."  The Department of Education of the

Commonwealth.

"Equipment and supplies."  Sport-specific equipment and

supplies, general equipment and supplies, instructional devices

and conditioning and weight training equipment.

"Participant."  A student-athlete who is:

(1)  receiving institutionally sponsored support normally

provided to athletes competing at the institution involved,

such as coaching, equipment, medical and training room

services, on a regular basis during a sport's season;

(2)  participating in organized practice sessions and

other team meetings and activities on a regular basis during

a sport's season; and

(3)  listed on the team list on the day of the team's

first scheduled competition, excluding preseason scrimmages.

"Race/ethnicity."  American Indian/Alaskan Native;

Asian/Pacific Islander; Black, non-Hispanic; Hispanic and White,

non-Hispanic.

"School entity."  Any public or private primary or secondary

educational program or activity that receives Federal financial

assistance, as defined under Title IX of the Education

Amendments of 1972 (Public Law 92-318, 20 U.S.C. § 1681 et

seq.), that provides interscholastic athletic opportunities for

secondary school students.

"Secondary school student."  A student who attends a school

entity in grade 7 through grade 12.

"Travel."  Transportation, housing furnished during travel

and per diem dining allowances.

"Uniforms."  Clothing for practice and games, such as shoes,

rain gear and warm-up suits.

Section 1603-C.  Duty to disclose.

(a)  Information.--A school entity shall annually submit

information to the department regarding interscholastic athletic

opportunity and treatment for male and female secondary school

students for the preceding school year.

(b)  Disclosure form.--The information shall be submitted on

a disclosure form and in a manner to be established by the

department.

(c)  Submission.--By October 15, 2012, and October 15 of each

year thereafter, a school entity shall submit to the department

the completed disclosure form for the immediately preceding

school year.

(d)  Public access.--No later than November 1 of each year, a

school entity shall make a copy of the completed disclosure form

available for public inspection during regular business hours,

including on any publicly accessible Internet website of the

school entity. The completed disclosure form shall constitute a

public record subject to public inspection under the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(e)  Notice to students and other affected individuals.--As

soon as the disclosure form required by this section is

completed, each school entity shall provide notice of its

availability for review to students, educational personnel, 

student athletes and parents by posting a notice on school

bulletin boards, in the school newspaper, on any electronic

mailing list or list serve, and by any other means reasonably

likely to provide such notice.

Section 1604-C.  Department duties.

(a)  Duties.--The department shall establish a disclosure

form for the submission of the required information for the

immediately preceding school year by school entities. The

department shall provide for the distribution of the disclosure

form through the department's Internet website and shall provide

technical assistance to school entities.

(b)  Disclosure form information.--The following information

shall be included in the disclosure form:

(1)  The total number of students in each school entity

and in each secondary school within a school entity as of

October 1 of the immediately preceding school year,

including:

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

(ii)  the total number of male students by

race/ethnicity and the total number of female students by

race/ethnicity.

(2)  A listing by gender of each varsity, junior varsity

and freshman athletic team that competed in interscholastic

athletic competition.

(3)  For each team identified in paragraph (2), the

following information:

(i)  The total number of team participants as of the

day of the first scheduled competition for each team by

gender.

(ii)  The total number of male team participants by

race/ethnicity and the total number of female team

participants by race/ethnicity, as of the day of the

first scheduled competition for each team.

(iii)  For the initial submission under this article,

the school year in which each existing interscholastic

athletic team was established and, for teams that the

school entity sponsored in the past but no longer

sponsors, the identity of the team and the year it was

eliminated or demoted from interscholastic competition.

For each subsequent year, a listing of interscholastic

athletic teams that were newly established,

reestablished, eliminated or demoted from interscholastic

competition during the reported school year.

(iv)  The seasons during which each interscholastic

athletic team competed.

(v)  The total value of contributions and purchases

made on behalf of each team by booster clubs, alumni and

any other nonschool sources.

(vi)  The total expenditures for each team in the

school year, including a separate listing of expenditures

for each team in each of the following categories:

(A)  The total amount of expenditures for travel.

(B)  The total amount of expenditures for

purchase and replacement of athletic uniforms.

(C)  The total amount of expenditures for

purchase and replacement of equipment and supplies.

(D)  Compensation of coaches, per sport and per

season.

(E)  Expenditures made for construction,

renovation, expansion, maintenance, repair and rental

of athletic facilities. For any facilities shared by

multiple teams, expenditures per team shall be

calculated either by dividing expenditures by the

number of teams using the facility or percentage of

time used by each team.

(F)  Compensation of athletic trainers per

academic year.

(vii)  The total number of trainers, including the

amount of time spent by each athletic trainer with each

team.

(viii)  The total number of coaches per team by

employment status, full-time, part-time, head and

assistant.

(ix)  The total number of competitions scheduled and

played per team.

(x)  The name of the school entity's Title IX

compliance officer required under 34 CFR § 106.8(a)

(relating to designation of responsible employee and

adoption of grievance procedures).

(c)  Copies.--The department shall make copies of all

submitted disclosures available for public inspection on the

department's publicly accessible Internet website.

(d)  Annual report.--No later than January 15 of each year,

the department shall prepare and submit an annual report to the

General Assembly regarding the compliance with the disclosure

requirements of this article and summarizing the information

submitted to it regarding interscholastic athletic opportunity

for and treatment of each gender by race and ethnic group, and

other such information as the department deems relevant.

Section 1605-C.  Regulations.

The department may promulgate rules, regulations or standards

to administer this article.

Section 2.  This act shall take effect as follows:

(1)  The addition of section 1604-C(b)(3)(v) of the act

shall take effect two years from the effective date of this

section.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.