79R912 SLO-D

By:  Shapleigh                                                    S.B. No. 92 


A BILL TO BE ENTITLED
AN ACT
relating to sex discrimination in public junior high school, middle school, and high school athletic activities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 33, Education Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. SEX DISCRIMINATION IN ATHLETIC ACTIVITIES
Sec. 33.201. DEFINITIONS. In this subchapter: (1) "Board" means the State Board of Education. (2) "Contact sport" includes boxing, wrestling, rugby, ice hockey, football, basketball, or any other sport that involves a substantial amount of bodily contact. Sec. 33.202. SEX DISCRIMINATION IN ATHLETIC ACTIVITIES PROHIBITED. (a) Except as provided by Subsection (b) or (c), a school district may not, at the junior high school, middle school, or high school level: (1) discriminate against, by exclusion or other means, a student of either sex in connection with participation in an interscholastic or intramural athletic activity sponsored or sanctioned by the district or the University Interscholastic League; or (2) sponsor or sanction any interscholastic or intramural athletic activity that separates students on the basis of the sex of the students participating in the activity. (b) A school district may sponsor or sanction separate athletic teams on the basis of the sex of the students participating only if: (1) selection for the team is based on competitive skill; or (2) the athletic activity involves a contact sport. (c) A school district may sponsor or sanction an athletic team for students of a single sex without offering a team in the same athletic activity for students of the other sex only if: (1) the district allows members of the excluded sex to try out for the team; or (2) the athletic activity involved is a contact sport. Sec. 33.203. EQUAL ATHLETIC OPPORTUNITIES REQUIRED. (a) A school district that sponsors or sanctions interscholastic or intramural athletic activities shall make all reasonable efforts to provide equal opportunity in those activities for students of each sex at the junior high school, middle school, and high school levels. To ensure equal opportunity in those activities for students of each sex, the district must: (1) select athletic activities to sponsor or sanction and levels of competition in a way that effectively accommodates the interests and abilities of students of each sex; (2) provide for the equitable distribution of athletic equipment and supplies between students of each sex; (3) schedule games and practice times for the teams of each sex in an equitable manner; (4) provide travel allowances for the teams of each sex in an equitable manner; (5) provide students of each sex who participate in the athletic activities with equal opportunity to receive coaching and academic tutoring; (6) assign and compensate coaches and tutors for athletes of each sex in an equitable manner; (7) provide locker rooms and practice and competitive facilities for teams of each sex in an equitable manner; (8) provide medical and training facilities and services for teams of each sex in an equitable manner; and (9) publicize athletic activities for teams of each sex in an equitable manner. (b) The board may not find a district to be in noncompliance with this subchapter solely on the basis of a district's unequal total expenditures on athletic activities, including team activities, for students of a single sex. However, the board may consider a district's failure to provide essential funding for the basic operations of teams of either sex in assessing whether the district is providing equal opportunity in those activities for students of each sex. (c) A school district may provide separate toilet, locker room, and shower facilities on the basis of sex, but facilities for students of one sex must be comparable to facilities provided for students of the other sex. (d) This subchapter does not prohibit the grouping of students in physical education classes on the basis of sex. Sec. 33.204. COORDINATING EMPLOYEE. (a) Each school district shall designate at least one employee to coordinate the district's efforts in complying with this subchapter. (b) The employee designated under this section shall investigate any complaint filed with the district alleging the district's noncompliance with this subchapter. (c) Each school year the district shall provide written notice to each district student of the name, office address, and office telephone number of the employee designated under this section. The district may provide the notification in the district's student handbook. Sec. 33.205. GRIEVANCE PROCEDURES. (a) In this section, "parent" includes a person standing in parental relation. (b) Each school district shall adopt and publish a grievance procedure providing for the prompt and equitable resolution of a written student or parent complaint alleging a violation by the district of this subchapter. The grievance procedure must provide that: (1) not later than the 30th day after the date the employee designated under Section 33.204 receives a complaint, the employee shall issue a written decision that sets forth the essential facts and rationale of the decision; (2) not later than the fifth day after the date of the decision, the employee must provide a copy of the decision to the complainant; and (3) a complainant is entitled to appeal the decision to the district's board of trustees. (c) An appeal of a decision under Subsection (b) must be filed with the board of trustees not later than the 35th day after the date of the decision. Sec. 33.206. APPEAL; CORRECTIVE PLAN. (a) A complainant may appeal a decision of a school district board of trustees under Section 33.205 to the board. (b) If the board determines that the district has failed to comply with this subchapter, the board shall require the district to prepare a corrective plan. Once the board determines that the district's corrective plan adequately ensures future compliance with this subchapter, the board shall approve the plan and direct the district to implement the plan. Sec. 33.207. PENALTIES FOR NONCOMPLIANCE WITH CORRECTIVE PLAN. (a) Not earlier than the first anniversary and not later than the fourth anniversary of the date the board orders a school district to implement a corrective plan under Section 33.206, the board shall evaluate whether the district is adequately following the corrective plan and is in compliance with this subchapter. If the board determines that the district is wilfully failing to follow the corrective plan and comply with this subchapter, the board may issue a warning to the district and notify the University Interscholastic League and the agency of the district's noncompliance. (b) Not earlier than the first anniversary and not later than the fourth anniversary of the date the board notifies the University Interscholastic League and the agency of the district's noncompliance under Subsection (a), the board shall evaluate whether the district is adequately following the corrective plan and is in compliance with this subchapter. If the board determines that the district is wilfully failing to follow the corrective plan and comply with this subchapter, the board may order the district to bar a district team or a school involved in the noncompliance from participating in interscholastic postseason athletic activities. The board must inform the district of the order issued under this subsection before the beginning of the school year. (c) Not earlier than the first anniversary and not later than the fourth anniversary of the date the board orders a district to bar a team or school from participating in interscholastic postseason athletic activities under Subsection (b), the board shall evaluate whether the district is adequately following the corrective plan and is in compliance with this subchapter. If the board determines that the district is wilfully failing to follow the corrective plan and comply with this subchapter, the board may request that the commissioner withhold funding from the district in an amount the board considers appropriate to ensure the district's compliance with this subchapter. The commissioner may withhold only funding that is used by the district for administrative purposes. If the commissioner withholds funds from a district under this subsection, the commissioner shall later distribute the funds to the district if the board informs the commissioner that the district is now in compliance with this subchapter. (d) The board shall consider a district's efforts in implementing the district's corrective plan and any new corrective plan that the district may submit to the board before penalizing the district under this section. Sec. 33.208. REPORT TO LEGISLATURE. Not later than January 1 of each odd-numbered year, the board shall submit a report to the legislature describing school district compliance with this subchapter. The report must include: (1) information regarding district expenditures and participation rates for students of each sex in athletic activities; and (2) any other information the board considers relevant. Sec. 33.209. RULES. The board may adopt rules as necessary to implement this subchapter. SECTION 2. This Act applies beginning with the 2005-2006 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.