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.