I 

108TH CONGRESS 

2D SESSION H. R. 4994 

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 

JULY 22, 2004 

Ms. SLAUGHTER (for herself, Mrs. CAPITO, Ms. GINNY BROWN-WAITE of 

Florida, Ms. SOLIS, Mrs. BIGGERT, Mr. BOEHLERT, Mr. CASE, Mrs. 

DAVIS of California, Ms. DELAURO, Mr. DOGGETT, Mr. FRANK of Massachusetts, Mr. FROST, Mr. GREEN of Texas, Mr. GRIJALVA, Mr. INSLEE, Mrs. JONES of Ohio, Mrs. JOHNSON of Connecticut, Mr. KUCINICH, 

Ms. LEE, Mrs. MCCARTHY of New York, Mr. MCNULTY, Mr. OWENS, 

Mr. PAYNE, Mr. RANGEL, Ms. ROS-LEHTINEN, Mr. SANDERS, Ms. 

SCHAKOWSKY, Mr. SHAYS, Mr. SIMMONS, Mr. STARK, Mr. VAN HOLLEN, 

Ms. WATSON, Mr. WEXLER, and Ms. WOOLSEY) 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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘High School Athletics 

3 Accountability Act of 2004’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds as follows: 

6 (1) Participation in sports teaches youth critical 

7 life skills and has a significant positive impact on all 

8 areas of their lives, especially for girls. 

9 (2) Participation in sports results in many long10 term physical and psychological health benefits for 

11 girls. For instance— 

12 (A) providing opportunities to play sports 

13 in school is one key way to combat the rising 

14 rates of childhood obesity, which is caused in 

15 large part by physical inactivity; 

16 (B) girls who participate in sports have 

17 lower rates of heart disease, breast cancer, and 

18 osteoporosis; and 

19 (C) girls who participate in sports have 

20 higher levels of confidence and self-esteem, 

21 lower levels of depression, are less likely to be 

22 suicidal, and are more likely to have a positive 

23 body image than female non-athletes. 

24 (3) Participation in sports promotes responsible 

25 social behaviors and greater academic success among 

26 girls. For instance— 
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1 (A) girls who participate in sports are 

2 more likely to refrain from sexual activity, are 

3 more likely to defer having sex until a later age 

4 and to have fewer sex partners, and are half as 

5 likely to experience an unintended pregnancy as 

6 compared to female non-athletes; 

7 (B) girls who participate in sports have 

8 higher graduation rates, receive better grades, 

9 and score higher on standardized tests than fe10 male students in general; 

11 (C) girls who participate in sports have 

12 more positive attitudes towards science, a field 

13 traditionally predominated by males; 

14 (D) girls who participate in sports are less 

15 likely to smoke or use illegal drugs; 

16 (E) girls who participate in sports often 

17 have strengthened family relationships, includ18 ing with their fathers and other male family 

19 members; and 

20 (F) girls who participate in sports learn 

21 important professional lessons that have a life22 long influence (Eighty percent of women identi23 fied as key leaders in Fortune 500 companies 

24 participated in sports while growing up, and 82 

25 percent of executive businesswomen played 
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1 sports, with the majority saying lessons learned 

2 on the playing field contributed to their success 

3 in business.). 

4 (4) The opportunity to play sports in secondary 

5 school helps many middle- and low-income stu6 dents—who might otherwise be unable to attend col7 lege—to gain access to higher education. 

8 (5) Physical inactivity is much more common 

9 among females than males. 

10 (6) Girls who are not involved in physical activ11 ity by age 10 have only a 10 percent chance of being 

12 athletic when they are 25. 

13 (7) Girls receive 1,100,000 fewer opportunities 

14 to play high school sports than do boys, which trans15 late into many lost opportunities for athletic partici16 pation and scholarships. 

17 (8) Several reports indicate that girls’ teams 

18 often receive inferior opportunities and benefits in 

19 other aspects of athletics programs, including overall 

20 budgets; equipment; uniforms; locker rooms and 

21 practice and competitive facilities; scheduling of 

22 practices, games, and sports seasons; training and 

23 medical services; coaches; and publicity. 
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1 (9) Students and parents should be aware of 

2 the athletic opportunities and benefits that their 

3 schools provide to male and female students. 

4 (10) Without information about how athletic 

5 opportunities and benefits are being allocated at the 

6 elementary and secondary school level, students may 

7 be deprived of opportunities to play sports and to at8 tend college on an athletic scholarship. 

9 SEC. 3. DISCLOSURE OF STATISTICS ON EQUALITY IN ATH10 LETIC PROGRAMS. 

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

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

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

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

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

16 secondary school that participates in any program under 

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

18 the immediately preceding academic year, prepare a report 

19 that contains the following information: 

20 ‘‘(1) The number of male and female students 

21 that attended the school. 

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

23 athletic competition and for each such team the fol24 lowing data: 
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1 ‘‘(A) The total number of participants as 

2 of the day of the first scheduled contest for the 

3 team, and for each participant an identification 

4 of such participant’s gender. 

5 ‘‘(B) The year the team began. 

6 ‘‘(C) The total budget and expenditures for 

7 the team, including a listing of the following 

8 data: 

9 ‘‘(i) The travel budget and expendi10 tures. 

11 ‘‘(ii) The equipment budget and ex12 penditures (including any equipment re13 placement schedule). 

14 ‘‘(iii) The uniform budget and expend15 itures (including any uniform replacement 

16 schedule). 

17 ‘‘(iv) The budget and expenditures for 

18 facilities (including locker rooms, fields, 

19 and gymnasiums) and their maintenance 

20 and repair. 

21 ‘‘(v) The budget and expenditures for 

22 training and medical facilities and services. 

23 ‘‘(vi) The budget and expenditures for 

24 publicity (including press guides, press re-
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1 leases, game programs, and publicity per2 sonnel) for competitions. 

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

4 medical personnel, and for each trainer or med5 ical personnel an identification of such per6 son’s— 

7 ‘‘(i) gender; 

8 ‘‘(ii) employment status (including 

9 whether such person is employed full-time 

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

11 head or assistant trainer or medical serv12 ices provider) and duties other than pro13 viding training or medical services; and 

14 ‘‘(iii) qualifications, including whether 

15 the person is a professional or student. 

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

17 each coach an identification of such coach’s— 

18 ‘‘(i) gender; 

19 ‘‘(ii) employment status (including 

20 whether such coach is employed full-time 

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

22 head or assistant coach) and duties other 

23 than coaching; and 

24 ‘‘(iii) qualifications, including whether 

25 the person is a professional or student. 
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1 ‘‘(F) The total annual revenues generated 

2 by the team (including contributions from out3 side sources such as booster clubs), 

4 disaggregated by source. 

5 ‘‘(G) The total number of competitions 

6 scheduled, and for each scheduled competition 

7 an indication of what day of the week and time 

8 the competition was scheduled. 

9 ‘‘(H) The total number of practices sched10 uled, and for each scheduled practice an indica11 tion of what day of the week and time the prac12 tice was scheduled. 

13 ‘‘(I) The season in which the team com14 peted. 

15 ‘‘(J) Whether such team participated in 

16 postseason competition, and the success of such 

17 team in any postseason competition. 

18 ‘‘(3) The average annual institutional salary at19 tributable to coaching of the head coaches of men’s 

20 teams, across all offered sports, and the average an21 nual institutional salary attributable to coaching of 

22 the head coaches of women’s teams, across all of23 fered sports. 

24 ‘‘(4) The average annual institutional salary at25 tributable to coaching of the assistant coaches of 
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1 men’s teams, across all offered sports, and the aver2 age annual institutional salary attributable to coach3 ing of the assistant coaches of women’s teams, 

4 across all offered sports. 

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

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

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

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

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

10 number of teams for which the coach has responsibility 

11 and allocate the salary among the teams on a basis con12 sistent with the coach’s responsibilities for the different 

13 teams. 

14 ‘‘(c) DISCLOSURE OF INFORMATION TO STUDENTS

15 AND PUBLIC.—A coeducational elementary or secondary 

16 school described in subsection (a) shall— 

17 ‘‘(1) make available to students and potential 

18 students, upon request, and to the public, the infor19 mation contained in reports by the school under this 

20 section; and 

21 ‘‘(2) ensure that all students at the school are 

22 informed of their right to request such information. 

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

24 On an annual basis, each coeducational elementary or sec25 ondary school described in subsection (a) shall provide the 
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1 information contained in each report by the school under 

2 this section to the Commissioner for Education Statistics 

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

4 such information available under subsection (c). 

5 ‘‘(e) DUTIES OF COMMISSIONER FOR EDUCATION

6 STATISTICS.—The Commissioner for Education Statistics 

7 shall— 

8 ‘‘(1) ensure that reports under this section are 

9 made available to the public within a reasonable pe10 riod of time; and 

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

12 the enactment of the High School Athletics Account13 ability Act of 2004, notify all elementary and sec14 ondary schools in all States regarding the avail15 ability of information under subsection (c) and how 

16 such information may be accessed.’’. 

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