BILL NUMBER: SB 1525	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 2, 2012
	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,   the institution of higher education to
provide an equivalent scholarship, as prescribed, to a student
athlete, as defined,  if an athletic program, as defined, does
not renew the athletic scholarship of a student athlete  , as
defined,  who suffers an  incapacitating  injury
 or illness  resulting from his or her participation in the
athletic program  , and the institution's   medical
staff determines that the student athlete is medically ineligible to
participate in intercollegiate athletics,  or  whose
athletic scholarship is not renewed for another nondisciplinary
cause, the institution of higher education would provide an
equivalent scholarship, as prescribed   if a student
athlete on an athletic scholarship and in good standing exhausts his
or her athletic eligibility, except for specified athletic programs
 .
    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 , unless the
student athlete declines the payment of premiums  . 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 the athletic program to
provide, to a student athlete who suffers an injury resulting from
participation in the athle   tic program and requires
ongoing medical treatment, either the necessary medical treatment or
health insurance that covers the injury and the resulting deductible
amounts. These provisions would not apply to preexisting medical
conditions that predated the student athlete's participation in the
athletic program  .
   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  success  rate" means the percentage of
student athletes who  enroll at an   graduate
from that  institution of higher education  who graduate
from that institution  within six years of their initial
enrollment  , excluding outgoing transfers in good academic
standing with athletic elig   ibility remaining, and
including incoming transfers. The rate is to be calculated by
combining the rates of the four most recent classes that are
available in the exact manner as the rate is calculated under
National Collegiate Athletic Association rules  .
   (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.
   (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) If an athletic program does not renew an athletic
scholarship of a student athlete who  has suffered 
 suffers  an  incapacitating  injury  or
illness  resulting from his or her participation in the athletic
program,  and the institution of higher education's medical
staff determines that he or she is medically ineligible to
participate in intercollegiate athletics,  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  four   five  academic
years or until the student athlete completes his or her
undergraduate degree, whichever period is shorter.  Additional
years may be provided at the discretion of the institution of higher
education. 
   (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  four-year  
five-year  limit on eligibility for an equivalent scholarship
imposed by paragraph (1).
   (3)  If an   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
 to a student athlete who was on an athletic scholarship and is
in good standing  ,  but has exhausted his or her athletic
eligibility, for up to one year or until the student  
athlete completes his or her primary undergraduate degree, whichever
is shorter, except that an athletic program with a graduation
 success  rate that is above 60 percent, disaggregated by
 sport,   team,  shall not be subject to
the requirements of this paragraph.
   (4)  An athletic program may dismiss a student athlete
from participation in the program for cause.  A student
athlete  who is dismissed   whose athletic
scholarship is not renewed  for cause  from 
 by  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  athletic
 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  
athletically related financial aid  .
   (d) An athletic program shall  promptly approve 
 respond within seven business days with an answer to  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   Unless a student
athlete declines the payment of premiums, 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   If a student athlete suffers an
 injury  that is the subject of the claim. 
 resulting from his or her participation in the athletic program
that requires ongoing medical treatment, the athletic program shall
provide, for a minimum of two years following the student athlete's
graduation or separation from the   institution of higher
education, one of the following:  
   (A) The necessary medical treatment.  
   (B) Health insurance that covers the injury and the resulting
deductible amounts.  
   (4) This subdivision shall not apply to preexisting medical
conditions that predate the student athlete's participation in the
athletic program. 
   (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.