H.R. 455 — Introduced in House

I 113th CONGRESS 1st Session H. R. 455 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Ms. Slaughter (for herself, Ms. Bonamici, Mrs. Christensen, Mr. Cicilline, Mr. Conyers, Ms. DeLauro, Ms. Edwards, Mr. Ellison, Ms. Eshoo, Mr. Holt, Mr. Honda, Mr. Huffman, Mr. Israel, Mr. Langevin, Mr. Larsen of Washington, Ms. Lofgren, Ms. McCollum, Ms. Moore, Ms. Norton, Ms. Pingree of Maine, Mr. Polis, Ms. Linda T. Sánchez of California, Ms. Schwartz, Ms. Tsongas, Mr. Van Hollen, Ms. Wasserman Schultz, Ms. Waters, Mr. Waxman, and Mr. Yarmuth) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to direct certain coeducational elementary and secondary schools to make available information on equality in school athletic programs, and for other purposes. 1. Short title This Act may be cited as the High School Data Transparency Act of 2013. 2. Findings and purposes (a) Findings The Congress finds as follows: (1) Participation in sports teaches youth critical life skills and has a significant positive impact on all areas of their lives, especially for girls. (2) Girls who participate in sports have higher levels of confidence and self-esteem, lower levels of depression, are less likely to be suicidal, are more likely to have a positive body image than female non-athletes, and are half as likely to experience an unintended pregnancy as compared to female non-athletes. Girls who participate in sports have higher graduation rates, receive better grades, and are less likely to smoke or use illegal drugs. (3) Sports participation effectively combats obesity, which is particularly significant given that one in six girls are obese or overweight and African-Americans and Hispanic girls face even greater risks. (4) Despite advances in athletic opportunities for women and girls since the passage of title IX of the Education Amendments of 1972, discrimination still limits athletic opportunities for females in interscholastic and intercollegiate athletics. Girls comprise 49 percent of the high school population, but receive only 41 percent of all interscholastic athletic participation opportunities nationwide. This translates into 1,300,000 fewer opportunities to play high school sports for girls than for boys. These lost participation opportunities also result in the loss of athletic scholarships that make it possible for many girls and young women to attend college. (5) There is ample evidence that girls’ teams often receive inferior benefits and services when they do play, in areas such as overall budgets; travel; equipment; uniforms; facilities, including locker rooms, fields, and practice and competitive facilities; training and medical services; publicity; access to coaches; and scheduling of practices, games, and sports seasons. (6) Without information about how athletic opportunities and benefits are being allocated at the elementary and secondary school levels, students may be deprived of opportunities to play sports and to receive athletic scholarships to attend college. (7) Students, parents, and schools should be aware of the athletic opportunities and benefits available to male and female students so that they can work to enhance athletic opportunities for all and address any inequities. (b) Purposes The purposes of this Act are as follows: (1) To ensure that information about the allocation of athletic opportunities and benefits at the elementary and secondary school levels is available to all students. (2) To promote equal opportunities for both boys and girls to engage in school-sponsored athletics. (3) To provide boys and girls with equal access to the physical, psychological, health and other benefits that result from playing sports. 3. Disclosure of statistics on equality in athletic programs Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: 9537. Equality in athletic programs (a) Report Each coeducational elementary or secondary school that participates in any program under this Act and has an athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information: (1) The number of students that attended the school and for each student an identification of such student’s— (A) sex; (B) race; and (C) ethnicity. (2) A listing of the teams that competed in athletic competition and for each such team the following data: (A) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant’s— (i) sex; (ii) race; and (iii) ethnicity. (B) The year the team began. (C) The total expenditures for each team from school and nonschool sources, including a listing of the following data for each team: (i) Expenditures for travel. (ii) Expenditures for equipment (including any equipment replacement schedule). (iii) Expenditures for uniforms (including any uniform replacement schedule). (iv) Expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. (v) Expenditures for training and medical facilities and services. (vi) Expenditures for publicity for competitions (including press guides, press releases, game programs, and publicity personnel). (D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person’s— (i) sex; (ii) employment status (including whether such person is employed full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and (iii) qualifications, including whether the person is a professional or student. (E) The total number of coaches, and for each coach an identification of such coach’s— (i) sex; (ii) employment status (including whether such coach is employed full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and (iii) qualifications, including whether the person is a professional or student. (F) Total annual revenues generated by the team (including contributions from outside sources such as booster clubs), disaggregated by source. (G) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. (H) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. (I) The season in which the team competed. (J) Whether such team participated in postseason competition, and the success of such team in any postseason competition. (3) The average annual institutional salary attributable to coaching of the head coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the head coaches of women’s teams, across all offered sports. (4) The average annual institutional salary attributable to coaching of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women’s teams, across all offered sports. (b) Special rule For the purpose of reporting the information described in paragraphs (3) and (4) of subsection (a), if a coach has responsibilities for more than 1 team and the school does not allocate such coach’s salary by team, the school should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach’s responsibilities for the different teams. (c) Disclosure of information to students and public On an annual basis, each coeducational elementary or secondary school described in subsection (a) shall— (1) make available to students, potential students, and the public, upon request, the information contained in each report by the school under this section by October 15 of each school year; and (2) ensure that all students at the school and members of the relevant community are informed of their right to request such information. (d) Submission; information availability On an annual basis, each coeducational elementary or secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the school makes such information available under subsection (c). (e) Duties of Commissioner for Education Statistics The Commissioner for Education Statistics shall— (1) ensure that the data required under this section are posted on the Department of Education’s Web site within a reasonable period of time; and (2) not later than 180 days after the date of the enactment of the High School Data Transparency Act of 2013, notify all elementary and secondary schools in all States about the requirements under subsection (c) and issue guidance to all elementary and secondary schools on how to collect and report the information required under this section. .