FEDERAL LEGISLATION REGARDING GENDER EQUITY IN ATHLETICS

Federal Legislation Signed into Law

103rd Congress

Improving America's Schools Act (H.R. 6)

Signed into Law by President Clinton, October 20, 1994 and became Public Law 103-382; Sponsored by Rep. Dale E. Kildee (D-MI): A bill to extend for 5 years the authorizations of appropriations for the programs under the Elementary & Secondary Education Act of 1965 and for certain other purposes.

Counterpart Bill: S. 1513, Improving America's Schools Act of 1993, Sponsored by Sen. Edward M. Kennedy (D-MA)

Equity in Athletics Disclosure Act (S.1468)

Incorporated as an amendment to S. 1513; Public Law 103-382. Sponsored by Senator Carol Mosley-Braun (D-ILL) (September 1993). House version (HR 921) sponsored by Rep. Cardiss Collins (D-IL). The following is a synopsis of that amendment. Requires coeducational colleges & universities that participate in Federal student aid programs & sponsor intercollegiate athletics programs to prepare & make available an annual report, including:

  1. For each varsity team:
  2. On a team by team basis:
  3. Information is to be compiled on annual basis, to be disclosed to students, potential students, and the public on request.
  4. Regulations should be in place by April 18, 1995, and the first disclosure report is to be availabe no later than October 1, 1996.


104th Congress

Amendment to the 1996 Appropriations Bill for the Department of Education, Health and Human Services, and Labor

Sponsored by Rep. Ernest J. Istook, Jr (R-OK)
House Labor/Health & Human Services/Education Appropriations Subcommittee approved an amendment on July 24, 1995 (vote: 30-23) that would require the OCR to issue new "objective criteria" by December 31, 1995, telling institutions how to comply with Title IX, especially the 3-prong test. If the OCR fails to do so, it will be barred from spending any money on the enforcement of sports programs' compliance. Norma Cantu, Assistant Secretary of Education for Civil Rights had already committed to a policy clarification by September.

H.R. 2127: Education Appropriations Bill

Passed (219-208)
This legislation cuts more than $9 billion from health and education programs. Rep. Istook's amendment (see above) was modified slightly by Rep. J. Dennis Hastert, R-Illinois, and was accepted by voice vote. Hastert language calls for OCR to provide "specific" criteria in updating policy guidance as it pertains to prongs two and three. The Senate bill, as adopted by the Appropriations Committee, does not contain any of the title IX language.

Other 1995 Legislative Activity


105th Congress

Higher Education Amendments of 1998 (H.R.6)

Sponsored by Representative McKean 1/7/97
H.R.6 was signed into law on 10/7/98, now known as Public Law 105-244, or the Higher Education Amendments of 1998.  Incorporated into this law is the language of the original "Fair Play Act" of S.933 & S.1882.  The law directs all postsecondary institutions with athletics programs to submit their Equity in Athletics Disclosure Act report to the Secretary within 15 days of the date the report is made available. The Secretary of Education is then required to compile a report on gender equity in athletics by April 1, 2000, to the respective Senate and House committees.  The Department shall then make the data available to the public within a reasonable period of time. Within 180 days of the enactment of the Higher Education Amendments of 1998, the Secretary shall notify all secondary schools regarding the availability of information and how it can be accessed. 


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STATE LEGISLATION REGARDING GENDER EQUITY IN ATHLETICS

State Legislation Signed into Law

1994 State Legislation Signed into Law

CALIFORNIA

October 20, 1993: Withdrawn as a result of the consent decree agreed upon between California NOW and the California State University System. Originally, an amendment to the California Education Code (S. 262). Sponsored by Senator Gary Hart (D)

FLORIDA

Signed into Law (May 1993) - Enforcement Language added to the Florida Education Equity Act (H. 899). Sponsored by Mary Ellen Hawkins (R)

KENTUCKY

House Bill: KRS156.070(2)(a), passed July 15, 1994.


1995 State Legislation Signed into Law

ILLINOIS

S.269 Sports Equity in Intercollegiate Athletics Bill
Authored by Geo-Karis, 2/2/95. Signed by Governor: 7/19/95

  1. Authorizes the issuance, at each public university, of undergraduate tuition waivers to female student-athletes, up to 1% of total tuition revenue
  2. Estimated figures for fiscal 1996 (approximately $4.9 million):

 

Illinois 
Illinois-Chicago 
Southern Illinois 
Northern Illinois 
Illinois State 
Western Illinois 
Eastern Illinois 
Southern-Edwardsville 
Northeastern Illinois 
Chicago State 
Sangamon State
$1,574,000 
880,900 
508,400 
492,200 
456,300 
230,600 
221,600 
200,600 
167,800 
142,000 
61,400

LOUISIANA

H.1943. Authored by Forster, 3/27/95
Signed by Governor: 6/13/95. (Passed House 97-4 & Senate 33-0)

  1. Provides up to 50 tuition waivers per year for female student-athletes at each state-supported college or university.
  2. Intended to increase opportunities for women while aiding football-playing institutions in the move toward Title IX compliance.
  3. Bill will release an estimated $1 million for use by athletic departments in other areas.


1996 State Legislation Signed Into Law

MINNESOTA

H.2042/S.2015 Authored by Kahn/Anderson, 1/5/96; Passed House 1/18/96, Senate 2/5/96

  1. Amend the Human Rights Act to permit the restriction of membership on an athletics team (program or event) to participate of one sex whose overall athletics opportunities have previously been limited.
  2. If two teams (programs or events) are provided in the same sport, one may be restricted to members of the underrepresented sex.
  3. Members of either sex shall be permitted to try out for the other team (program or event).


1997 State Legislation Signed Into Law

ARKANSAS

(H. 1683) Authored by Wagner, 2/13/97; Signed by Governor, 3/31/97

WASHINGTON

(H.1437/S.5464) Authored by Carlson & Kohl, 1/24/97. Signed by Governor, 4/8/97.
H.1437: 2/14/97 passed as amended by the House Committee on Higher Education. S.5464: 1/24/97 introduced. Passed as amended by the Senate Committee on Higher Education 2/11/97.


1998 State Legislation Signed Into Law

UTAH

S. 34 Authored by Hillyard: 1/19/98; Signed by Governor, 3/21/98

Creates a sales tax exemption on amounts paid for admission to athletic events at colleges and universities subject to Title IX.


Pending State Legislation

Pending State Legislation - 1998

HAWAII

Pending HCR 169
Authored by Stegmaier: 3/20/98; To House Committee on Education, 3/27/98

Calls for the Hawaii High School Athletics Association to consider the impact of Title IX on high school athletic tournaments.

VIRGINIA

Pending SJR 176
Authored by Ticer: 1/26/98; Passed Senate, 2/13/98; To House
Establishes a subcommittee to:

  1. review Title IX requirements relating to female participation in intercollegiate sports.
  2. determine extent of Title IX compliance in Virginia institutions of higher education.
  3. make recommendations to ensure Virginia colleges and universities comply with federal laws and regulations prohibiting gender discrimination.



Pending State Legislation - 1999

GEORGIA

Pending HR 205
Authored by Powell:1/29/99

Establishes February 4, 1999, as "Girls and Women in Sports Day." Provides for the recognition of outstanding high school and college female athletes before the Georgia House of Representatives.

HAWAII

Pending S826
Authored by Buen:1/22/99

Provides for a gender equity law to ensure that no person, on the basis of sex, shall be discriminated against in any interscholastic, club, or intramural athletics offered by a public school. Establishes an advisory commission on gender equity in sports to define equity in athletics for all public schools and to recommened rules for appropriate enforcement. Imposes penalties on public schools in violation of the law that includes loss of general funds.

MASSACHUSETTS

Pending S 1055
Authored by Tisei: 1/6/99

Establishes gender equity guidelines for the use of prime ice time at ice rinks. Applies to any organization that makes an ice rink available to the public, including a state higher education institution.  Provides that an arena may not deny the request for prime ice time from a group of an underrepresented gender, if the arena provides more prime time to groups of the other gender.  Increases ice time for underrepresented gender groups to 15 % in 1999-2000, 30 % in 2000-01, and 50% in 2001-02.

NEW MEXICO

Pending S 31
Authored by Garcia: 1/19/99

Appropriates $300,000 to the board of regents of New Mexico State University of the purpose of increasing women's sports activities to comply with Title IX.

Pending S 331
Authored by Robinson: 2/1/99

Appropriates $820,000 for seven New Mexico institutions for the purpose of increasing women's sports activities in order to comply with the provisions of Title IX.

OHIO

Pending SCR 4
Authored by Blessing: 1/26/99

Urges the Congress of the United States to amend Title IX to ensure that no federally funded educational institution is financially sanctioned if it retains men's athletic programs despite the conflict such retention creates with certain federal guidelines established pursuant to Title IX.

Pending HCR 7
Authored by Jordan: 2/2/99

Urges the US Congress to amend Title IX to ensure that no federally funded educational institution is financially sanctioned if it retains men's athletic programs despite the conflict such retention creates with certain federal guidelines established pursuant to Title IX.

TEXAS

Pending H 1131
Authored by Hinojosa

Imposes a fee of $1 to be added to the admission charge for any intercollegiate athletics event held on the campus of an institution of higher education within the Texas system. Requires the funds collected be used to support women's athletics at institutions within the system. Provides for the funds to be distributed in proportion to the number of women competing in intercollegiate athletics at each of those institutions. Prohibits an institution from reducing the amount of other funds spent to support women's intercollegiate athletics as a result of the institution's recipt of money under this act.

WASHINGTON

Pending SR 8616

Establishes February 4,1999, as "Girls and Women in Sports Day."



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