BILL NUMBER: SB 1525 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE APRIL 26, 2012
AMENDED IN SENATE MARCH 27, 2012
INTRODUCED BY Senator Padilla
FEBRUARY 24, 2012
An act to add Part 40.3 (commencing with Section 67450) to
Division 5 of Title 3 of the Education Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1525, as amended, Padilla. Postsecondary education: Student
Athlete Bill of Rights.
Existing law provides for a system of postsecondary education in
this state. This system includes 4 segments: the University of
California, administered by the Regents of the University of
California; the California State University, administered by the
Trustees of the California State University; the California Community
Colleges, administered by the Board of Governors of the California
Community Colleges; and independent institutions of higher education.
This bill would enact the Student Athlete Bill of Rights, pursuant
to which, commencing with the 2013-14 academic year, intercollegiate
athletic programs at 4-year institutions of higher education in the
state, as defined, that receive, as an average, $10,000,000 or more
in annual revenue derived from media rights , as
defined, for intercollegiate athletics, would be required to
comply with prescribed requirements. Among other things, the bill
would require that, if an athletic program, as defined, does not
renew the athletic scholarship of a student athlete, as defined, who
suffers an injury resulting from his or her participation in the
athletic program or whose athletic scholarship is not renewed for
another nondisciplinary cause, the institution of higher education
would provide an equivalent scholarship, as prescribed.
The bill would also require that athletic programs that receive,
as an average, $10,000,000 or more in annual revenue derived from
media rights for intercollegiate athletics be responsible for paying
the premiums of each of its student athletes whose household has an
income and asset level that does not exceed the level for Cal Grant A
recipients, as specified, for insurance covering claims resulting
from their participation in the athletic program. The bill would
provide that the athletic program would be responsible for paying the
insurance deductible amount applicable to the claim of any student
athlete who suffers an injury resulting from his or her participation
in the athletic program and makes a claim relating to that injury.
These provisions would apply for up to 5 years after the date of the
injury that is the subject of the claim.
The bill would require that the institutions of higher education
to which these provisions relating to equivalent scholarships and
insurance coverage apply would rely exclusively on revenue derived
from media rights for intercollegiate athletics to defray any costs
accrued under these provisions.
These provisions would become inoperative on January 1, 2021.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 40.3 (commencing with Section 67450) is added to
Division 5 of Title 3 of the Education Code, to read:
PART 40.3. STUDENT ATHLETE BILL OF RIGHTS
CHAPTER 1. PREAMBLE
67450. The Legislature finds and declares all of the following:
(a) Meeting the educational needs of student athletes should be a
priority for intercollegiate athletic programs.
(b) California's institutions of higher education that participate
in Division I and Division II intercollegiate athletics collectively
generate millions of dollars annually in media contracts, and this
revenue would not exist without the efforts of student athletes.
(c) Student athletes generate large revenues for many athletic
programs, spend approximately 40 hours per week participating in
their respective sports, and suffer current and historically low
graduation rates.
(d) Providing adequate health and safety protection for student
athletes can help prevent serious injury and death.
(e) Current and former student athletes can be left to pay for
medical expenses incurred from injuries suffered while participating
in intercollegiate athletics.
(f) Institutions of higher education should provide their student
athletes with the same due process protection afforded to students
who do not participate in athletics.
(g) Athletic programs in this state are subject to federal gender
equity requirements under Title IX of the Education Amendments of
1972 (20 U.S.C. Sec. 1681 et seq.).
(h) An institution of higher education should not punish any
student athlete for transferring to another institution of higher
education.
(i) An institution of higher education should not use funds for
purposes of this part that are dedicated for the benefit of the
general student body.
CHAPTER 2. GENERAL PROVISIONS
67451. For purposes of this part:
(a) "Athletic association" means any organization that is
responsible for governing intercollegiate athletic programs.
(b) "Athletic program" means an intercollegiate athletic program
at any institution of higher education within the meaning of
subdivision (d).
(c) "Graduation rate" means the percentage of student athletes who
enroll at an institution of higher education who graduate from that
institution within six years of their initial enrollment.
(d) "Institution of higher education" means any campus of the
University of California or the California State University, or any
four-year private university located in California, that maintains an
intercollegiate athletic program.
(e) "Media rights" means rights to the live coverage, tape-delayed
coverage, and postevent footage use of athletic games, practices,
and interviews; royalties for the use of a player's likeness or
uniform, signage, or other sponsorships; and luxury box sales.
(e)
(f) "Student athlete" means any college student who
participates in an intercollegiate athletic program of an institution
of higher education, and includes student athletes who participate
in basketball, football, and other intercollegiate sports.
67452. Commencing with the 2013-14 academic year, an athletic
program shall comply with all of the following:
(a) (1) (A) If an athletic
program does not renew an athletic scholarship of a student athlete
who has suffered an injury resulting from his or her participation in
the athletic program, the institution of higher education shall
provide an equivalent scholarship that, combined with the total
duration of any previous athletic scholarship or scholarships
received by the student athlete, will be provided for a total of up
to six four academic years or until the
student athlete completes his or her undergraduate degree, whichever
period is shorter.
(B)
(2) If a student athlete takes a temporary leave of
absence from an institution of higher education, the duration of that
leave of absence shall not count against the six-year
four-year limit on eligibility for an equivalent
scholarship imposed by subparagraph (A)
paragraph (1) .
(2)
(3) If an athletic program does not renew an athletic
scholarship of a student athlete for a nondisciplinary cause other
than an injury resulting from his or her participation in the
athletic program, the institution of higher education shall provide
an equivalent scholarship, except that an athletic program with a
graduation rate that is above 60 percent, disaggregated by sport,
shall not be subject to the requirements of this paragraph.
(3)
(4) An athletic program may dismiss a student athlete
from participation in the program for cause. A student athlete who is
dismissed for cause from an athletic program shall receive no
benefits under this part, but may appeal this decision within the
institution of higher education attended by the student or within the
conference or association of which that institution of higher
education is a member, as appropriate.
(b) Each athletic program shall conduct a financial and life
skills workshop for all of its first-year and third-year student
athletes at the beginning of the academic year. This workshop shall
include, but not be limited to, information concerning financial aid,
debt management, and a recommended budget for full- and
partial-scholarship student athletes living on or off campus during
the academic year and the summer term based on the current academic
year's cost of attendance. The workshop shall also include
information on time management skills necessary for success as a
student athlete, and academic resources available on campus.
(c) An institution of higher education shall grant a student
athlete the same rights as other students with regard to any and all
matters related to possible adverse or disciplinary actions,
including, but not necessarily limited to, actions involving his or
her participation in the athletic program.
(d) An athletic program shall promptly approve a student athlete's
written request to transfer to another institution of higher
education without actively or passively imposing any restrictions or
conditions. Implementation of this subdivision by an institution of
higher education shall include, but not necessarily be limited to,
both of the following:
(1) Granting other institutions of higher education permission to
contact the student athlete.
(2) Waiving residency requirements, as permitted by athletic
association rules.
(e) An institution of higher education that receives, as an
average, less than ten million dollars ($10,000,000) in annual income
derived from media rights for intercollegiate athletics, as
determined by the Controller, shall not be subject to the
requirements of this section.
(f) An institution of higher education to which this section
applies shall rely exclusively on revenue derived from media rights
for intercollegiate athletics to defray any costs accrued under this
section.
67453. (a) (1) An athletic program shall be responsible for
paying the premiums of each of its student athletes whose household
has an income and asset level that does not exceed the level for Cal
Grant A recipients set forth in Section 69432.7 for insurance
covering claims resulting from their participation in the athletic
program.
(2) An athletic program shall be responsible for paying the
insurance deductible amount applicable to the claim of any student
athlete who suffers an injury resulting from his or her participation
in the athletic program and makes a claim relating to that injury.
(3) This subdivision shall apply for up to five years after the
date of the injury that is the subject of the claim.
(b) An athletic program shall adopt and implement guidelines to
prevent, assess, and treat sports-related concussions and
dehydration. In addition, an athletic program shall adopt and
implement exercise and supervision guidelines for any student athlete
identified with potentially life-threatening health conditions who
participates in an athletic program.
(c) An institution of higher education that receives, as an
average, less than ten million dollars ($10,000,000) in annual income
derived from media rights for intercollegiate athletics, as
determined by the Controller, shall not be subject to the
requirements of this section.
(d) An institution of higher education to which this section
applies shall rely exclusively on revenue derived from media rights
for intercollegiate athletics to defray any costs accrued under this
section.
67454. This part shall become inoperative on January 1, 2021.