I 

112TH CONGRESS 

1ST SESSION H. R. 458 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2011 

Ms. SLAUGHTER (for herself and Mrs. CAPITO) 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 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 ‘‘High School Athletics 

5 Accountability Act of 2011’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—The Congress finds as follows: 


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1 (1) Participation in sports teaches youth critical 

2 life skills and has a significant positive impact on all 

3 areas of their lives, especially for girls. 

4 (2) Girls who participate in sports have higher 

5 levels of confidence and self-esteem, lower levels of 

6 depression, are less likely to be suicidal, are more 

7 likely to have a positive body image than female 

8 non-athletes, and are half as likely to experience an 

9 unintended pregnancy as compared to female non10 athletes. Girls who participate in sports have higher 

11 graduation rates, receive better grades, and are less 

12 likely to smoke or use illegal drugs. 

13 (3) Sports participation effectively combats obe14 sity, which is particularly significant given that one 

15 in six girls are obese or overweight and African16 Americans and Hispanic girls face even greater 

17 risks. 

18 (4) Despite advances in athletic opportunities 

19 for women and girls since the passage of title IX of 

20 the Education Amendments of 1972, discrimination 

21 still limits athletic opportunities for females in inter22 scholastic and intercollegiate athletics. Girls com23 prise 49 percent of the high school population, but 

24 receive only 41 percent of all interscholastic athletic 

25 participation opportunities nationwide. This transVerDate Mar 15 2010 03:11 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H458.IH H458

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1 lates into 1,300,000 fewer opportunities to play high 

2 school sports for girls than for boys. These lost par3 ticipation opportunities also result in the loss of ath4 letic scholarships that make it possible for many 

5 girls and young women to attend college. 

6 (5) There is ample evidence that girls’ teams 

7 often receive inferior benefits and services when they 

8 do play, in areas such as overall budgets; travel; 

9 equipment; uniforms; facilities, including locker 

10 rooms, fields, and practice and competitive facilities; 

11 training and medical services; publicity; access to 

12 coaches; and scheduling of practices, games, and 

13 sports seasons. 

14 (6) Without information about how athletic op15 portunities and benefits are being allocated at the el16 ementary and secondary school levels, students may 

17 be deprived of opportunities to play sports and to re18 ceive athletic scholarships to attend college. 

19 (7) Students, parents, and schools should be 

20 aware of the athletic opportunities and benefits 

21 available to male and female students so that they 

22 can work to enhance athletic opportunities for all 

23 and address any inequities. 

24 (b) PURPOSES.—The purposes of this Act are as fol25 lows: 


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1 (1) To ensure that information about the allo2 cation of athletic opportunities and benefits at the 

3 elementary and secondary school levels is available 

4 to all students. 

5 (2) To promote equal opportunities for both 

6 boys and girls to engage in school-sponsored ath7 letics. 

8 (3) To provide boys and girls with equal access 

9 to the physical, psychological, health and other bene10 fits that result from playing sports. 

11 SEC. 3. DISCLOSURE OF STATISTICS ON EQUALITY IN ATH12 LETIC PROGRAMS. 

13 Subpart 2 of part E of title IX of the Elementary 

14 and Secondary Education Act of 1965 (20 U.S.C. 7901 

15 et seq.) is amended by adding at the end the following: 

16 ‘‘SEC. 9537. EQUALITY IN ATHLETIC PROGRAMS. 

17 ‘‘(a) REPORT.—Each coeducational elementary or 

18 secondary school that participates in any program under 

19 this Act and has an athletic program, shall annually, for 

20 the immediately preceding academic year, prepare a report 

21 that contains the following information: 

22 ‘‘(1) The number of students that attended the 

23 school and for each student an identification of such 

24 student’s— 

25 ‘‘(A) sex; 


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1 ‘‘(B) race; and 

2 ‘‘(C) ethnicity. 

3 ‘‘(2) A listing of the teams that competed in 

4 athletic competition and for each such team the fol5 lowing data: 

6 ‘‘(A) The total number of participants as 

7 of the day of the first scheduled contest for the 

8 team, and for each participant an identification 

9 of such participant’s— 

10 ‘‘(i) sex; 

11 ‘‘(ii) race; and 

12 ‘‘(iii) ethnicity. 

13 ‘‘(B) The year the team began. 

14 ‘‘(C) The total expenditures for each team 

15 from school and nonschool sources, including a 

16 listing of the following data for each team: 

17 ‘‘(i) Expenditures for travel. 

18 ‘‘(ii) Expenditures for equipment (in19 cluding any equipment replacement sched20 ule). 

21 ‘‘(iii) Expenditures for uniforms (in22 cluding any uniform replacement sched23 ule). 

24 ‘‘(iv) Expenditures for facilities (in25 cluding locker rooms, fields, and gymVerDate Mar 15 2010 03:11 Feb 03, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H458.IH H458

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1 nasiums) and their maintenance and re2 pair. 

3 ‘‘(v) Expenditures for training and 

4 medical facilities and services. 

5 ‘‘(vi) Expenditures for publicity for 

6 competitions (including press guides, press 

7 releases, game programs, and publicity 

8 personnel). 

9 ‘‘(D) The total number of trainers and 

10 medical personnel, and for each trainer or med11 ical personnel an identification of such per12 son’s— 

13 ‘‘(i) sex; 

14 ‘‘(ii) employment status (including 

15 whether such person is employed full-time 

16 or part-time, and whether such person is a 

17 head or assistant trainer or medical serv18 ices provider) and duties other than pro19 viding training or medical services; and 

20 ‘‘(iii) qualifications, including whether 

21 the person is a professional or student. 

22 ‘‘(E) The total number of coaches, and for 

23 each coach an identification of such coach’s— 

24 ‘‘(i) sex; 


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1 ‘‘(ii) employment status (including 

2 whether such coach is employed full-time 

3 or part-time, and whether such coach is a 

4 head or assistant coach) and duties other 

5 than coaching; and 

6 ‘‘(iii) qualifications, including whether 

7 the person is a professional or student. 

8 ‘‘(F) Total annual revenues generated by 

9 the team (including contributions from outside 

10 sources such as booster clubs), disaggregated by 

11 source. 

12 ‘‘(G) The total number of competitions 

13 scheduled, and for each scheduled competition 

14 an indication of what day of the week and time 

15 the competition was scheduled. 

16 ‘‘(H) The total number of practices sched17 uled, and for each scheduled practice an indica18 tion of what day of the week and time the prac19 tice was scheduled. 

20 ‘‘(I) The season in which the team com21 peted. 

22 ‘‘(J) Whether such team participated in 

23 postseason competition, and the success of such 

24 team in any postseason competition. 


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1 ‘‘(3) The average annual institutional salary at2 tributable to coaching of the head coaches of men’s 

3 teams, across all offered sports, and the average an4 nual institutional salary attributable to coaching of 

5 the head coaches of women’s teams, across all of6 fered sports. 

7 ‘‘(4) The average annual institutional salary at8 tributable to coaching of the assistant coaches of 

9 men’s teams, across all offered sports, and the aver10 age annual institutional salary attributable to coach11 ing of the assistant coaches of women’s teams, 

12 across all offered sports. 

13 ‘‘(b) SPECIAL RULE.—For the purpose of reporting 

14 the information described in paragraphs (3) and (4) of 

15 subsection (a), if a coach has responsibilities for more 

16 than 1 team and the school does not allocate such coach’s 

17 salary by team, the school should divide the salary by the 

18 number of teams for which the coach has responsibility 

19 and allocate the salary among the teams on a basis con20 sistent with the coach’s responsibilities for the different 

21 teams. 

22 ‘‘(c) DISCLOSURE OF INFORMATION TO STUDENTS

23 AND PUBLIC.—On an annual basis, each coeducational el24 ementary or secondary school described in subsection (a) 

25 shall— 


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1 ‘‘(1) make available to students, potential stu2 dents, and the public, upon request, the information 

3 contained in each report by the school under this 

4 section by October 15 of each school year; and 

5 ‘‘(2) ensure that all students at the school and 

6 members of the relevant community are informed of 

7 their right to request such information. 

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

9 On an annual basis, each coeducational elementary or sec10 ondary school described in subsection (a) shall provide the 

11 information contained in each report by the school under 

12 this section to the Commissioner for Education Statistics 

13 not later than 15 days after the date that the school makes 

14 such information available under subsection (c). 

15 ‘‘(e) DUTIES OF COMMISSIONER FOR EDUCATION

16 STATISTICS.—The Commissioner for Education Statistics 

17 shall— 

18 ‘‘(1) ensure that the data required under this 

19 section are posted on the Department of Education’s 

20 Web site within a reasonable period of time; and 

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

22 the enactment of the High School Athletics Account23 ability Act of 2011, notify all elementary and sec24 ondary schools in all States about the requirements 

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1 mentary and secondary schools on how to collect and 

2 report the information required under this section.’’. 

Æ 


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