BILL NUMBER: AB 2295 CHAPTERED 09/29/02 CHAPTER 1060 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2002 APPROVED BY GOVERNOR SEPTEMBER 29, 2002 PASSED THE ASSEMBLY AUGUST 28, 2002 PASSED THE SENATE AUGUST 27, 2002 AMENDED IN SENATE AUGUST 12, 2002 AMENDED IN ASSEMBLY APRIL 22, 2002 AMENDED IN ASSEMBLY APRIL 1, 2002 INTRODUCED BY Assembly Member Oropeza (Coauthors: Assembly Members Alquist, Diaz, Jackson, Longville, Pavley, Strom-Martin, Vargas, and Wayne) (Coauthors: Senators Karnette, Kuehl, and Romero) FEBRUARY 21, 2002 An act relating to school sponsored athletic programs. LEGISLATIVE COUNSEL'S DIGEST AB 2295, Oropeza. School-sponsored athletic programs: State Department of Education: California Postsecondary Education Commission: report. Existing law prohibits public funds from being used in connection with any athletic program, conducted under the auspices of a school district governing board or any student organization within the district, that does not provide equal opportunity to both sexes for participation and for use of facilities. This bill would require the State Department of Education and the California Postsecondary Education Commission jointly to contract with an independent evaluator for the preparation of a report on interscholastic athletics in this state to be submitted to the Legislature no later than January 1, 2004. The bill would require that the report include the findings of the independent evaluator relating to the percentage of participating women athletes, the percentage of funding, the percentage of scholarships, and the overall level of compliance with relevant federal law by educational institutions in the state, as well as the recommendations of the department and the commission with respect to improvement. The bill would require the independent evaluator to study these issues as they relate to secondary schools and as they relate to the public segments of higher education in the state. The bill would specify topics to be included in the report. The bill would provide that its implementation is subject to the provision of funds for its purposes in the Budget Act of 2002 or in another statute enacted during the 2001-02 Regular Session. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) The year 2002 marks the 30th anniversary of the enactment of Title IX of the Education Amendments of 1972 (20 U.S.C. Secs. 1681 et seq.), a federal statute that prohibits sex discrimination in schools and other educational programs receiving federal funds. Title IX applies to all aspects of educational opportunities, but is especially well known for its success in opening the door to athletics for women and girls. (b) Title IX requires affected schools and programs to do the following: offer male and female students equal opportunities to play sports; treat male and female athletes fairly; and give male and female athletes their fair share of athletic scholarship money. (c) Prior to the enactment of Title IX, only one in 27 girls participated in high school sports, compared to one in two boys. (d) In 2000-01, 2,784,154 girls or 41.5 percent of the total number of participants and 3,921,069 boys or 58.5 percent of the total number of participants played high school sports in this country according to the National Federation of State High School Associations. In 1972, there were only 294,015 girls participating on athletic teams in the whole country. (e) In California, there were 271,203 girls or 41.3 percent of the total number of participants and 386,037 boys or 58.7 percent of the total number of participants competing in interscholastic sports in 2000-01. (f) At California's 103 community colleges with athletic programs, there were 7,623 female athletes or 36 percent of the total number of participants and 13,529 male athletes or 64 percent of the total number of participants in 2000-01 according to the Commission on Athletics. (g) In 1972, there were only 31,852 women on athletic teams at the college level in the whole country. By 2002, that number had jumped to 146,617. In 1972, no women received athletic scholarships. By 2002, one hundred eighty million dollars ($180,000,000) was received by women athletes, according to the National Collegiate Athletic Association. (h) An athletic program can be considered gender equitable when the participants in both the men's and women's sports programs would accept as fair and equitable the overall program of the other gender. (i) The benefits of athletic activity for girls and women are irrefutable. High school girls who play sports are less likely to be involved in an unwanted pregnancy, may reduce a teenage girl's risk of breast cancer by 60 percent, and helps to strengthen bone mass, thereby reducing the risk of osteoporosis. Girls and women who play sports have higher levels of confidence, lower levels of depression, a more positive body image, and experience higher state of psychological well-being. Athletics also teaches girls and women teamwork, goal-setting, and the pursuit of excellence. (j) While many educational institutions have made a conscientious effort to provide an athletic program that is equitable to both male and female students, others have not exhibited the same level of effort or have intentionally chosen to continue discriminatory practices. (k) In late January 2002, the Orange County Register ran a series of articles following an extensive investigation of athletic equity issues at California's community colleges. Many areas of concern were brought to light in that series. In response, some colleges are taking their responsibilities regarding athletic equity much more seriously. (l) While significant progress has been made since the passage of Title IX in 1972, the numbers indicate that female athletes are still not provided equal athletic opportunity at many high schools, colleges, and universities throughout the state. A survey report, pinpointing areas of weakness and recommending strategies to improve the various components of athletic equity, will allow California to assume a leadership role in compliance with this 30-year-old federal statute. (m) As used in this act, "Title IX" refers to Title IX of the Education Amendments of 1972 (20 U.S.C. Secs. 1681 et seq.). SEC. 2. (a) The State Department of Education and the California Postsecondary Education Commission jointly shall contract with an independent evaluator to prepare a report on interscholastic athletics in the state. This report shall include the findings of the independent evaluator relating to the percentage of participating women athletes, the percentage of funding, the percentage of scholarships, and the overall level of compliance with Title IX by educational institutions in this state, as well as the recommendations of the department and the commission with respect to improvement. This report shall be prepared in accordance with subdivision (b), and shall be submitted to the Legislature no later than January 1, 2004. (b) (1) The report required by this section shall separately address the findings relative to interscholastic athletics in each of the following academic categories: (A) Grades 7 and 8. (B) Grades 9 to 12, inclusive. (C) The campuses of the University of California. (D) The campuses of the California State University. (E) The campuses of the California Community Colleges. (2) In preparing the report required by this section, the contracted independent evaluator shall study, but not necessarily be limited to, all of the following topics: (A) Participation opportunities. (B) Equal benefits and services, including, but not limited to, the following topics: (i) Overall support. (ii) Equipment and supplies. (iii) Scheduling of games and practice teams. (iv) Travel and related expenses. (v) Availability of coaches and their compensation. (vi) Locker rooms, practice, and competitive facilities. (vii) Medical and training services. (viii) Publicity. (ix) Recruitment (particularly for higher education programs). (x) Availability of tutors and their compensation (particularly for higher education programs). (xi) Housing and dining facilities and services (particularly for higher education programs). (C) Athletic scholarship money. SEC. 3. (a) The implementation of Section 2 of this act is subject to the provision of funds for its purposes in the Budget Act of 2002 or in another statute enacted during the 2001-02 Regular Session. (b) The total administrative costs incurred by the State Department of Education and the California Postsecondary Education Commission under this act shall not exceed 5 percent of the total funds available pursuant to subdivision (a).