II 

118TH CONGRESS 

2D SESSION S. 3762 

To prohibit certain discrimination against athletes on the basis of sex by 

State athletic associations, intercollegiate athletic associations, and covered institutions of higher education, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2024 

Mr. MURPHY (for himself, Mr. BLUMENTHAL, and Mr. WYDEN) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To prohibit certain discrimination against athletes on the 

basis of sex by State athletic associations, intercollegiate 

athletic associations, and covered institutions of higher 

education, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Play for Women 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) 50 years ago, Congress passed title IX of 

2 the Education Amendments of 1972 (referred to in 

3 this section as ‘‘title IX’’), helping to transform par4 ticipation in and support for women’s sports by bar5 ring discrimination on the basis of sex in all schools 

6 that receive Federal funding, including in their ath7 letic programs. 

8 (2) Since the passage of title IX, millions more 

9 women and girls have had the opportunity to com10 pete in interscholastic, collegiate, or intercollegiate 

11 athletics. In high school athletics, athletic participa12 tion opportunities have increased from nearly 

13 300,000 in 1972 to more than 3,400,000 in 2019. 

14 In intercollegiate athletics, opportunities have in15 creased from nearly 30,000 in 1972 to 215,000 in 

16 2020 on teams sponsored by institutions who are 

17 members of the National Collegiate Athletic Associa18 tion (referred to in this section as the ‘‘NCAA’’). 

19 (3) Despite progress, women and girls still face 

20 unequal opportunities. In high school athletics, girls 

21 have over 1,000,000 fewer athletic opportunities 

22 than boys, with schools providing girls with 43 per23 cent of all athletic opportunities while girls represent 

24 nearly half of all students. In intercollegiate ath25 letics, colleges would need to provide women with an 


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1 additional 148,000 sports opportunities to match the 

2 same ratio of sports opportunities per student as is 

3 offered to men. 

4 (4) Girls of color are often most impacted by 

5 inequitable opportunities. At high schools predomi6 nantly attended by White students, girls have 82 

7 percent of the opportunities that boys have to play 

8 sports, while at high schools predominantly attended 

9 by students of color, girls have only 67 percent of 

10 the opportunities that boys have to play sports. 

11 (5) Transgender, nonbinary, and intersex stu12 dents also experience sex-based discrimination in 

13 sports, with transgender women and girls being least 

14 likely to participate in sports. Transgender, non15 binary, and intersex students are consistently denied 

16 opportunities to play, often due to policies restricting 

17 them from playing sports. The addition of policies 

18 that exclude transgender students from athletic op19 portunities correlates with an overall decrease in 

20 sports participation. According to the Centers for 

21 Disease Control and Prevention’s Youth Risk Behav22 ior Survey, States with policies that exclude 

23 transgender students from participation in athletics 

24 saw a decrease in overall girls’ participation in 

25 sports from 2011 to 2019, whereas States with inVerDate Sep 11 2014 01:29 Feb 15, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3762.IS S3762

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1 clusive policies did not see a decrease in that partici2 pation during that same timeframe. 

3 (6) The magnitude of current gaps in intercolle4 giate athletics participation opportunities is likely 

5 undercounted, as investigations of intercollegiate 

6 athletics data have found that the majority of NCAA 

7 member institutions inflate the number of women 

8 participating in sports by double- and triple-counting 

9 women athletes who participate in more than one 

10 sport more often than the institutions double- and 

11 triple-count their counterparts who are men, count12 ing men who are practice players on women’s teams 

13 as women athletes, and packing women’s teams with 

14 extra players who never end up competing. 

15 (7) Women and girls in sports also face unequal 

16 treatment. They are frequently provided worse facili17 ties, equipment, and uniforms than men and boys, 

18 and they receive less financial support and publicity 

19 from their schools, as women receive $240,000,000 

20 less than men in athletic-based scholarships annu21 ally. For every dollar colleges spend on recruiting, 

22 travel, and equipment for men’s sports, they spend 

23 58 cents, 62 cents, and 73 cents, respectively, for 

24 women’s sports. 


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1 (8) Amid ongoing inequitable treatment, ath2 letes and athletics-related staff too often are un3 aware of the rights and obligations that are de4 scribed in or come from title IX. In surveys of chil5 dren and their parents, the majority report not 

6 knowing what title IX is. A study conducted by the 

7 Government Accountability Office in 2017 found 

8 that the majority of high school athletic administra9 tors were unaware of who their title IX coordinator 

10 was or felt unsupported by their title IX coordinator. 

11 In intercollegiate athletics, the majority of coaches 

12 report that they never received formal training about 

13 title IX as part of the preparation for their jobs. 

14 SEC. 3. PURPOSES. 

15 The purposes of this Act are to— 

16 (1) address inequitable and discriminatory 

17 treatment of women and girls in sports in elemen18 tary and secondary schools, as well as institutions of 

19 higher education; 

20 (2) improve the collection and transparency of 

21 data pertaining to participation in and support for 

22 women’s and girls’ sports at schools receiving Fed23 eral financial assistance; 

24 (3) ensure all students participating in ath25 letics, as well as those who work in school-sponsored 


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1 athletics, are aware of and understand the non2 discrimination rights of students related to their 

3 athletic opportunities; and 

4 (4) ensure all students, regardless of gender, 

5 have equal access to high-quality and supportive ath6 letic opportunities. 

7 SEC. 4. DEFINITIONS. 

8 In this Act: 

9 (1) ESEA TERMS.—The terms ‘‘elementary 

10 school’’ and ‘‘secondary school’’ have the meanings 

11 given those terms in section 8101 of the Elementary 

12 and Secondary Education Act of 1965 (20 U.S.C. 

13 7801). 

14 (2) COLLEGIATE.—The term ‘‘collegiate’’, used 

15 with respect to athletics, means intramural and club16 level athletics or other athletics, in which all partici17 pants attend the same covered institution of higher 

18 education. 

19 (3) COVERED INSTITUTION OF HIGHER EDU20 CATION.—The term ‘‘covered institution of higher 

21 education’’ means an entity that is described in sec22 tion 908(2)(A) of the Education Amendments of 

23 1972 (20 U.S.C. 1687(2)(A)) and covered by section 

24 908 of those Amendments (20 U.S.C. 1687). 


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1 (4) COVERED LOCAL EDUCATIONAL AGENCY.— 

2 The term ‘‘covered local educational agency’’ means 

3 such an agency that is described in section 

4 908(2)(B) of the Education Amendments of 1972 

5 (20 U.S.C. 1687(2)(B)) and covered by section 908 

6 of those Amendments. 

7 (5) INTERCOLLEGIATE ATHLETIC ASSOCIA8 TION.—The term ‘‘intercollegiate athletic associa9 tion’’ means any conference, association, or other 

10 group or organization, established by or comprised 

11 of 2 or more covered institutions of higher edu12 cation, that— 

13 (A) governs competitions among, or other14 wise exercises authority over intercollegiate ath15 letics at, such institutions of higher education 

16 who are members of or under the authority of 

17 the intercollegiate athletic association; and 

18 (B) is engaged in commerce or an industry 

19 or activity affecting commerce. 

20 (6) STATE ATHLETIC ASSOCIATION.—The term 

21 ‘‘State athletic association’’ means any association, 

22 organization, or other group, established by or com23 prised of 2 or more elementary schools or secondary 

24 schools that receive Federal funding, that governs 

25 competition among or otherwise exercises authority 


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1 over elementary school, secondary school, or inter2 scholastic athletics, at such federally funded elemen3 tary schools or secondary schools. 

4 (7) TITLE IX COORDINATOR.—The term ‘‘title 

5 IX coordinator’’ means the individual who coordi6 nates the efforts of a covered school system to com7 ply with and carry out the responsibilities of the cov8 ered local educational agency under title IX of the 

9 Education Amendments of 1972 (20 U.S.C. 1681 et 

10 seq.). 

11 SEC. 5. DISCRIMINATION BY STATE AND INTERCOLLEGIATE 

12 ATHLETIC ASSOCIATIONS, LOCAL EDU13 CATIONAL AGENCIES, AND COVERED INSTI14 TUTIONS OF HIGHER EDUCATION. 

15 (a) ELEMENTARY OR SECONDARY SCHOOL.—No 

16 State athletic association or covered local educational 

17 agency shall, on the basis of sex, subject any athlete to 

18 discrimination with respect to elementary school, sec19 ondary school, or interscholastic athletics, including dis20 crimination through— 

21 (1) the rules it sets for elementary school, sec22 ondary school, or interscholastic athletics; 

23 (2) the sports— 

24 (A) required for membership in a State 

25 athletic association; 


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1 (B) competitions sponsored by the State 

2 athletic association or covered local educational 

3 agency, respectively; or 

4 (C) championships sponsored by that asso5 ciation or agency; or 

6 (3) the location, facilities, or amenities provided 

7 for competitions or championships sponsored by that 

8 association or agency. 

9 (b) HIGHER EDUCATION.— 

10 (1) IN GENERAL.—No intercollegiate athletic 

11 association or covered institution of higher education 

12 shall, on the basis of sex, subject any athlete to dis13 crimination with respect to intercollegiate or (subject 

14 to paragraph (2)) collegiate athletics, including dis15 crimination through— 

16 (A) the rules it sets for intercollegiate ath17 letics or collegiate athletics; 

18 (B) the sports— 

19 (i) required for membership in an 

20 intercollegiate athletic association, or re21 quired for participation in collegiate ath22 letics at a covered institution of higher 

23 education; 

24 (ii) competitions sponsored by the 

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1 giate athletic competitions sponsored by 

2 the covered institution of higher education; 

3 or 

4 (iii) championships sponsored by the 

5 intercollegiate athletic association, or colle6 giate athletic championships sponsored by 

7 the covered institution of higher education; 

8 (C) the location, facilities, or amenities 

9 provided for competitions or championships 

10 sponsored by the intercollegiate athletic associa11 tion, or for collegiate athletic competitions or 

12 championships sponsored by the institution; 

13 (D) the provision or arrangement for the 

14 provision of goods or services (including bene15 fits) for competitions or championships spon16 sored by the intercollegiate athletic association, 

17 or for collegiate athletic competitions or cham18 pionships sponsored by such an institution; or 

19 (E) the distribution of revenues or other 

20 benefits to members of or such institutions 

21 under the authority of the intercollegiate ath22 letic association, or to teams, clubs, or other en23 tities participating in collegiate athletics at the 

24 institution. 


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1 (2) LIMITATION.—Only a covered institution of 

2 higher education may be considered to have com3 mitted a violation of paragraph (1) with respect to 

4 collegiate athletics. 

5 (c) PRIVATE RIGHT OF ACTION.— 

6 (1) IN GENERAL.—An individual who seeks to 

7 participate, participates, or previously participated 

8 in athletics covered under subsection (a) or (b), of9 fered under the authority of an intercollegiate ath10 letic association or State athletic association, or by 

11 a covered institution of higher education or covered 

12 local educational agency, may bring an action in any 

13 Federal or State court of competent jurisdiction 

14 against the athletic association, institution, or agen15 cy involved, alleging a violation of this section. 

16 (2) RELIEF.—The court may award all legal or 

17 equitable relief that may be appropriate for such a 

18 violation. The legal relief may include compensatory 

19 damages for all injuries, including financial injuries, 

20 unequal treatment, emotional distress, humiliation, 

21 and pain and suffering, as well as punitive damages, 

22 attorney’s fees, and expert fees. 

23 (d) TRAINING.— 

24 (1) ASSOCIATIONS.—Each State athletic asso25 ciation or intercollegiate athletic association shall enVerDate Sep 11 2014 01:30 Feb 11, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3762.IS S3762

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1 sure that each employee of the State athletic asso2 ciation or intercollegiate athletic association receives, 

3 at least once per year, training on the provisions of 

4 this section, including the rights delineated under 

5 this section and the procedures for bringing actions 

6 under this section. 

7 (2) COVERED INSTITUTIONS OF HIGHER EDU8 CATION.—Each covered institution of higher edu9 cation shall ensure that each employee of the institu10 tion with an employment function relating to colle11 giate athletics receives, at least once per year, such 

12 training. 

13 (3) COVERED LOCAL EDUCATIONAL AGENCY.— 

14 Each covered local educational agency shall ensure 

15 that each employee of the local educational agency 

16 with an employment function relating to athletics re17 ceives, at least once per year, such training. 

18 SEC. 6. EXPANDING ATHLETICS DISCLOSURE REQUIRE19 MENTS. 

20 (a) INSTITUTIONS OF HIGHER EDUCATION.—Section 

21 485(g) of the Higher Education Act of 1965 (20 U.S.C. 

22 1092(g)) is amended— 

23 (1) in paragraph (1)— 

24 (A) in the matter preceding subparagraph 

25 (A)— 


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1 (i) by inserting ‘‘collegiate (including 

2 intramural and club-level) or’’ before 

3 ‘‘intercollegiate athletic program’’; and 

4 (ii) by inserting ‘‘collegiate and’’ be5 fore ‘‘intercollegiate athletics’’; 

6 (B) in subparagraph (B), by striking 

7 clause (i) and inserting the following: 

8 ‘‘(i) The total number of participants, 

9 by team.’’; 

10 (C) in subparagraph (C)— 

11 (i) by striking ‘‘The total amount’’ 

12 and inserting the following: ‘‘(i) The total 

13 amount’’; and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(ii) For each men’s and women’s inter17 collegiate sport— 

18 ‘‘(I) the total amount of athletically 

19 related student aid; 

20 ‘‘(II) the total number of athletically 

21 related scholarships, and the average 

22 amount of such scholarships; 

23 ‘‘(III) the total number of athletically 

24 related scholarships that fund the full cost 

25 of tuition at the institution; 


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1 ‘‘(IV) the total number of athletically 

2 related scholarships that fund the full cost 

3 of attendance for the athlete; 

4 ‘‘(V) the total number of athletically 

5 related scholarships awarded for a period 

6 equal to or less than one year; and 

7 ‘‘(VI) the total number of athletically 

8 related scholarships awarded for a period 

9 equal to or greater than 4 academic 

10 years.’’; 

11 (D) in subparagraph (E), by inserting 

12 ‘‘and disaggregated by each men’s sport and 

13 each women’s sport’’ before the period at the 

14 end; 

15 (E) in subparagraph (G), by inserting 

16 ‘‘(which, for purposes of this subparagraph, in17 cludes compensation, bonuses, benefits, and 

18 buyouts paid to coaches and reportable by the 

19 institution or related entities, including booster 

20 clubs and foundations)’’ before ‘‘of the head 

21 coaches of men’s teams’’; 

22 (F) in subparagraph (H), by inserting 

23 ‘‘(which, for purposes of this subparagraph, in24 cludes compensation, bonuses, benefits, and 

25 buyouts paid to coaches and reportable by the 


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1 institution or related entities, including booster 

2 clubs and foundations)’’ before ‘‘of the assistant 

3 coaches of men’s teams’’; 

4 (G) in subparagraph (I)— 

5 (i) by striking clause (i) and inserting 

6 the following: ‘‘(i) The revenues from the 

7 institution’s intercollegiate athletics activi8 ties, in the aggregate and disaggregated by 

9 each men’s sport and each women’s sport, 

10 including— 

11 ‘‘(I) total revenues; and 

12 ‘‘(II) each category of revenues de13 scribed in clause (ii).’’; and 

14 (ii) in clause (ii)— 

15 (I) by inserting ‘‘collegiate and’’ 

16 before ‘‘intercollegiate’’; and 

17 (II) by striking ‘‘, and adver18 tising, but revenues’’ and all that fol19 lows through the period at the end 

20 and inserting ‘‘, advertising, and, to 

21 the extent practicable, student activi22 ties fees and alumni contributions.’’; 

23 (H) by striking clause (i) of subparagraph 

24 (J) and inserting the following: ‘‘(i) The ex25 penses made by the institution for the instituVerDate Sep 11 2014 01:30 Feb 11, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3762.IS S3762

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1 tion’s intercollegiate athletics activities, in the 

2 aggregate and disaggregated by each men’s 

3 sport and each women’s sport, including— 

4 ‘‘(I) total expenses; and 

5 ‘‘(II) each category of expenses as de6 scribed in clause (ii).’’; and 

7 (I) by adding at the end the following: 

8 ‘‘(K) The numbers of participants who 

9 participate in 1, 2, or 3 intercollegiate sports at 

10 the institution, in the aggregate and 

11 disaggregated by each men’s sport and each 

12 women’s sport. 

13 ‘‘(L) The total number of men that prac14 tice on women’s intercollegiate teams, in the ag15 gregate and disaggregated by each women’s 

16 sport. 

17 ‘‘(M) Information regarding race and eth18 nicity for athletes and coaches (including assist19 ant coaches), in the aggregate and 

20 disaggregated by each men’s sport and each 

21 women’s sport. 

22 ‘‘(N) The number of male students, and 

23 the number of female students, participating in 

24 collegiate (including intramural and club) 

25 sports at the institution. 


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1 ‘‘(O) A certification that the institution 

2 has verified the information submitted in the 

3 report under this paragraph. 

4 ‘‘(P) With respect to the sports participa5 tion opportunities requirements under title IX 

6 of the Education Amendments of 1972— 

7 ‘‘(i) a certification that the institution 

8 complies with such requirements by show9 ing— 

10 ‘‘(I) substantial proportionality; 

11 ‘‘(II) a history and continuing 

12 practice of expanding sports participa13 tion opportunities; or 

14 ‘‘(III) full and effective accommo15 dation of athletics interests; and 

16 ‘‘(ii) an identification of the method of 

17 compliance described in subclauses (I) 

18 through (III) of clause (i) that the institu19 tion uses.’’; 

20 (2) in paragraph (2), by striking ‘‘For the pur21 poses of paragraph (1)(G)’’ and inserting ‘‘For the 

22 purposes of subparagraphs (G) and (H) of para23 graph (1)’’; 

24 (3) by striking paragraph (4) and inserting the 

25 following: 


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1 ‘‘(4) SUBMISSION; REPORT; INFORMATION

2 AVAILABILITY.— 

3 ‘‘(A) INSTITUTIONAL REQUIREMENTS.— 

4 Each institution of higher education described 

5 in paragraph (1) shall— 

6 ‘‘(i) by October 15 of each year, pro7 vide the information contained in the re8 port required under such paragraph for 

9 such year to the Secretary; and 

10 ‘‘(ii) by not later than February 15 of 

11 each year, publish such information on a 

12 public Internet website of the institution in 

13 a searchable format. 

14 ‘‘(B) PUBLIC AVAILABILITY.—By not later 

15 than February 15 of each year, the Secretary 

16 shall make the reports and information de17 scribed in subparagraph (A) for the imme18 diately preceding academic year available to the 

19 public, which shall include posting the reports 

20 and information on a public Internet website of 

21 the Department in a searchable format.’’; 

22 (4) by redesignating paragraph (5) as para23 graph (6); 

24 (5) by inserting after paragraph (4) the fol25 lowing: 


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1 ‘‘(5) REPORTS BY THE SECRETARY.— 

2 ‘‘(A) IN GENERAL.—By not later than 2 

3 years after the date of enactment of the Fair 

4 Play for Women Act, and every 2 years there5 after, the Secretary shall prepare and publish a 

6 report on gender equity using the information 

7 submitted under this subsection. 

8 ‘‘(B) CONTENTS.—The report required 

9 under subparagraph (A) shall, in the aggregate 

10 for all institutions of higher education described 

11 in paragraph (1) and disaggregated by each in12 dividual institution— 

13 ‘‘(i) identify participant gaps, if any, 

14 by indicating the number of participants 

15 that need to be added in order for partici16 pants of the underrepresented sex at the 

17 institution to match the proportion of en18 rolled full-time undergraduate students of 

19 the underrepresented sex at the institution; 

20 ‘‘(ii) identify funding gaps, if any, by 

21 showing the percentage differences, com22 pared to proportions of enrollment of men 

23 and women at the institution, in expendi24 tures for athletically related student aid, 


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1 recruiting, promotion, and publicity in 

2 intercollegiate athletics; and 

3 ‘‘(iii) identify any trends evident in 

4 such data that address relevant inequities 

5 in intercollegiate athletics participation and 

6 financial support.’’; and 

7 (6) in paragraph (6), as redesignated by para8 graph (4)— 

9 (A) by striking ‘‘DEFINITION.—For the 

10 purposes of this subsection, the term’’ and in11 serting the following: ‘‘DEFINITIONS.—For pur12 poses of this subsection: 

13 ‘‘(A) OPERATING EXPENSES.—The term’’; 

14 and 

15 (B) by adding at the end the following: 

16 ‘‘(B) PARTICIPANT.—The term ‘partici17 pant’ means an athlete in a sport who— 

18 ‘‘(i)(I) is receiving the institutionally 

19 sponsored support normally provided to 

20 athletes competing at the institution in21 volved on a regular basis during the sport’s 

22 season; 

23 ‘‘(II) is participating in organized 

24 practice sessions and other team meetings 


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1 and activities on a regular basis during the 

2 sport’s season; and 

3 ‘‘(III) is listed on the eligibility or 

4 squad list maintained for the sport; or 

5 ‘‘(ii) due to injury, does not meet the 

6 requirements of clause (i) but continues to 

7 receive financial aid on the basis of athletic 

8 ability in the sport. 

9 ‘‘(C) SEASON.—The term ‘season’, when 

10 used with respect to an intercollegiate team 

11 sport, means the period beginning on the date 

12 of a team’s first intercollegiate competitive 

13 event in an academic year and ending on the 

14 date of the team’s final intercollegiate competi15 tive event in such academic year.’’. 

16 (b) ELEMENTARY SCHOOL AND SECONDARY SCHOOL

17 ATHLETIC PROGRAMS.— 

18 (1) IN GENERAL.—Subpart 2 of part F of title 

19 VIII of the Elementary and Secondary Education 

20 Act of 1965 (20 U.S.C. 7901 et seq.) is amended by 

21 adding at the end the following: 

22 ‘‘SEC. 8549D. DISCLOSURE OF STATISTICS ON EQUALITY IN 

23 ELEMENTARY AND SECONDARY EDUCATION 

24 ATHLETIC PROGRAMS. 

25 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) PARTICIPANT.—The term ‘participant’ 

2 means an athlete in a sport who participates in the 

3 sport in elementary school, secondary school, or 

4 interscholastic competitive events, organized practice 

5 sessions, and other team meetings and activities on 

6 a regular basis during the sport’s season. 

7 ‘‘(2) SEASON.—The term ‘season’, when used 

8 with respect to a team sport, means the period be9 ginning on the date of a team’s first athletic com10 petition in an academic year and ending on the date 

11 of the team’s final interscholastic athletic competi12 tion in such academic year. 

13 ‘‘(3) STATE ATHLETIC ASSOCIATION.—The 

14 term ‘State athletic association’ has the meaning 

15 given the term in section 4 of the Fair Play for 

16 Women Act. 

17 ‘‘(b) IN GENERAL.—The Secretary shall collect annu18 ally, from each coeducational elementary school and sec19 ondary school that receives Federal financial assistance 

20 and has an athletic program, a report that includes the 

21 following information for the immediately preceding aca22 demic year: 

23 ‘‘(1) The total number of students that at24 tended the school, fully disaggregated and cross-tab25 ulated by sex and race or ethnicity. 


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1 ‘‘(2) A listing of the school’s teams that com2 peted in athletic competition and for each such team 

3 the following data: 

4 ‘‘(A) The season in which the team com5 peted. 

6 ‘‘(B) The total number of participants, 

7 fully disaggregated and cross-tabulated by sex 

8 and race or ethnicity and level of competition. 

9 ‘‘(C) The total expenditures for the team 

10 from all sources, including school funds and 

11 funds provided by any other entities, such as 

12 booster organizations, including the following 

13 data: 

14 ‘‘(i) The travel expenditures. 

15 ‘‘(ii) The equipment expenditures (in16 cluding any equipment replacement sched17 ule). 

18 ‘‘(iii) The uniform expenditures (in19 cluding any uniform replacement sched20 ule). 

21 ‘‘(iv) The expenditures for facilities, 

22 including medical facilities, locker rooms, 

23 fields, and gymnasiums. 

24 ‘‘(v) The total number of trainers and 

25 medical personnel, and for each trainer or 


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1 medical personnel an identification of such 

2 individual’s— 

3 ‘‘(I) sex; and 

4 ‘‘(II) employment status (includ5 ing whether such individual is as6 signed to the team full-time or part7 time, and whether such individual is a 

8 head or assistant trainer or medical 

9 services provider) and duties other 

10 than providing training or medical 

11 services. 

12 ‘‘(vi) The expenditures for publicity 

13 for competitions. 

14 ‘‘(vii) The total salary expenditures 

15 for coaches, including compensation, bene16 fits, and bonuses, the total number of 

17 coaches, and for each coach an identifica18 tion of such coach’s— 

19 ‘‘(I) sex; and 

20 ‘‘(II) employment status (includ21 ing whether such coach is assigned to 

22 the team full-time or part-time, and 

23 whether such coach is a head or as24 sistant coach) and duties other than 

25 coaching. 


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1 ‘‘(D) The total number of competitive 

2 events (in regular and nontraditional seasons) 

3 scheduled, and for each an indication of what 

4 day of the week and time the competitive event 

5 was scheduled. 

6 ‘‘(E) Whether such team participated in 

7 postseason competition, and the success of such 

8 team in any postseason competition. 

9 ‘‘(c) DISCLOSURE TO STUDENTS AND PUBLIC.—A 

10 school described in subsection (b) shall— 

11 ‘‘(1) by October 15 of each year, make available 

12 to students, potential students, and parents of stu13 dents and potential students, upon request, and to 

14 the public, the report and information required of 

15 the school under such subsection for such year; and 

16 ‘‘(2) ensure that all students and parents at the 

17 school are informed of their right to request such re18 port and information. 

19 ‘‘(d) SUBMISSION; INFORMATION AVAILABILITY.— 

20 On an annual basis, each school described in subsection 

21 (b) shall provide the report required under such sub22 section, and the information contained in such report, to 

23 the Secretary not later than 15 days after the date that 

24 the school makes such report and information available 

25 under subsection (c). 


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1 ‘‘(e) DUTIES OF THE SECRETARY.—The Secretary 

2 shall— 

3 ‘‘(1) ensure that reports and information sub4 mitted under subsection (d) are available on the 

5 same public website, and searchable in the same 

6 manner, as the reports and information made avail7 able under section 485(g)(4)(B) of the Higher Edu8 cation Act of 1965; and 

9 ‘‘(2) not later than 180 days after the date of 

10 enactment of the Fair Play for Women Act— 

11 ‘‘(A) notify all elementary schools, sec12 ondary schools, and State athletic associations 

13 in all States regarding the availability of the re14 ports and information under subsection (c); and 

15 ‘‘(B) issue guidance to all such elementary 

16 schools, secondary schools, and State athletic 

17 associations on how to collect and report the in18 formation required under this section.’’. 

19 (2) CONFORMING AMENDMENT.—The table of 

20 contents in section 2 of the Elementary and Sec21 ondary Education Act of 1965 is amended by insert22 ing after the item relating to section 8549C the fol23 lowing: 

‘‘Sec. 8549D. Disclosure of statistics on equality in elementary and secondary 

education athletic programs.’’. 


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1 SEC. 7. TRAINING AND INFORMATION FOR ATHLETES AND 

2 EMPLOYEES. 

3 (a) TRAINING.— 

4 (1) COVERED LOCAL EDUCATIONAL AGENCY.— 

5 (A) EMPLOYEES.—Each covered local edu6 cational agency shall ensure that each title IX 

7 coordinator, and each employee who works with 

8 athletics or teaches physical education or 

9 health, for the covered local educational agency 

10 receives, at least once per year, training on the 

11 rights under title IX of the Education Amend12 ments of 1972 (20 U.S.C. 1681 et seq.) of stu13 dents at elementary schools or secondary 

14 schools, and procedures for submitting com15 plaints of violations under title IX of the Edu16 cation Amendments of 1972 to the Office for 

17 Civil Rights of the Department of Education. 

18 (B) ELEMENTARY AND SECONDARY

19 SCHOOL ATHLETES.—Each covered local edu20 cational agency shall ensure that— 

21 (i) a title IX coordinator for the cov22 ered local educational agency provides 

23 training to athletes at elementary schools 

24 or secondary schools served by the covered 

25 local educational agency on the rights of 

26 the athletes under title IX of the EduVerDate Sep 11 2014 01:30 Feb 11, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3762.IS S3762

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1 cation Amendments of 1972, and proce2 dures for submitting complaints of viola3 tions of that title to the Office for Civil 

4 Rights of the Department of Education; 

5 and 

6 (ii) each such athlete receives that 

7 training at least once per year. 

8 (2) COVERED INSTITUTIONS OF HIGHER EDU9 CATION.— 

10 (A) EMPLOYEES.—Each covered institu11 tion of higher education shall ensure that each 

12 employee of the athletic department of the cov13 ered institution of higher education and each 

14 employee of the institution with an employment 

15 function relating to collegiate athletics receives, 

16 at least once per year, training on the rights 

17 under title IX of the Education Amendments of 

18 1972 (20 U.S.C. 1681 et seq.) of students at 

19 covered institutions of higher education, and 

20 procedures for submitting complaints of viola21 tions of title IX of the Education Amendments 

22 of 1972 to the Office for Civil Rights of the De23 partment of Education. 


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1 (B) POSTSECONDARY SCHOOL ATH2 LETES.—Each covered institution of higher 

3 education shall ensure that— 

4 (i) an expert in matters relating to 

5 title IX of the Education Amendments of 

6 1972, who is not an employee described in 

7 subparagraph (A) of the covered institu8 tion of higher education, provides training 

9 to athletes at the covered institution of 

10 higher education on the rights of the ath11 letes under title IX of the Education 

12 Amendments of 1972 (20 U.S.C. 1681 et 

13 seq.), and procedures for submitting com14 plaints of violations of that title to the Of15 fice for Civil Rights of the Department of 

16 Education; and 

17 (ii) each such athlete receives that 

18 training at least once per year. 

19 (b) DATABASE.—The Secretary of Education shall 

20 establish and maintain a database of title IX coordinators, 

21 which shall be separate from the civil rights coordinators 

22 data maintained by the Office for Civil Rights of the De23 partment of Education. The database shall include, at a 

24 minimum, the name, phone number, and email address for 

25 each title IX coordinator. The Secretary shall make the 


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1 information in the database available to the public with, 

2 and by the same means as, reports made available under 

3 section 485(g)(4)(B) of the Higher Education Act of 1965 

4 (20 U.S.C. 1092(g)(4)(B)). 

5 SEC. 8. ADMINISTRATIVE ENFORCEMENT THROUGH CIVIL 

6 PENALTIES. 

7 (a) NONCOMPLIANCE.—The Secretary of Education 

8 shall determine, at the beginning of each year, each cov9 ered institution of higher education, covered local edu10 cational agency, elementary school, or secondary school 

11 that was found during the prior year to be in noncompli12 ance with a requirement of section 7, or of title IX of the 

13 Education Amendments of 1972 (20 U.S.C. 1681 et seq.). 

14 Such administrative proceeding shall be conducted in the 

15 same manner as an administrative proceeding under sec16 tion 902 of the Education Amendments of 1972 (20 

17 U.S.C. 1682). 

18 (b) CIVIL PENALTY.—If the Secretary of Education 

19 determines under subsection (a) that a covered institution 

20 of higher education, covered local educational agency, ele21 mentary school, or secondary school was in such non22 compliance during the prior year, the Secretary may im23 pose a civil penalty on such institution, agency, or school. 

24 (c) FURTHER NONCOMPLIANCE.—If the Secretary of 

25 Education determines under subsection (a) that a covered 


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1 institution of higher education, covered local educational 

2 agency, elementary school, or secondary school was in such 

3 noncompliance during 2 or more of the prior 5 years, the 

4 Secretary shall— 

5 (1) require such covered institution, covered 

6 local educational agency, elementary school, or sec7 ondary school to submit, not later than 120 days 

8 after receiving notice of the determination, a plan 

9 for coming into compliance with all requirements of 

10 section 7, and of title IX of the Education Amend11 ments of 1972 (20 U.S.C. 1681 et seq.); and 

12 (2) make the report publicly available. 

13 SEC. 9. RULE OF CONSTRUCTION. 

14 Nothing in this Act shall be construed to imply that 

15 intercollegiate athletic associations, State athletic associa16 tions, covered institutions of higher education, or covered 

17 local educational agencies— 

18 (1) are not covered by title IX of the Education 

19 Amendments of 1972 (20 U.S.C. 1681 et seq.); or 

20 (2) were not covered by that title on the day be21 fore the date of enactment of this Act. 

Æ 


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