I 

111TH CONGRESS 

1ST SESSION H. R. 2882 

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 

JUNE 16, 2009 

Ms. SLAUGHTER (for herself, Mrs. CAPITO, Mr. CONYERS, Mr. FILNER, Mr. 

OBERSTAR, Mr. RANGEL, Mr. ARCURI, Ms. BERKLEY, Mrs. BIGGERT, 

Mr. BISHOP of New York, Ms. BORDALLO, Ms. CORRINE BROWN of Florida, Mrs. CAPPS, Mr. CROWLEY, Mr. CUMMINGS, Mrs. DAVIS of California, Ms. DELAURO, Mr. ELLISON, Ms. FUDGE, Mr. GRIJALVA, Mr. 

JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Mr. KENNEDY, Mr. 

LANGEVIN, Mrs. MCCARTHY of New York, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MCINTYRE, Mrs. MALONEY, Mr. MASSA, Mr. PAYNE, Mr. 

PLATTS, Ms. SCHAKOWSKY, Mrs. TAUSCHER, Mr. WEXLER, and Ms. 

HERSETH SANDLIN) introduced the following bill; which was referred to 

the Committee on Education and Labor 

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 2009’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—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) Girls who participate in sports have higher 

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

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

12 likely to have a positive body image than female 

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

14 unintended pregnancy as compared to female non15 athletes. Girls who participate in sports have higher 

16 graduation rates, receive better grades, and are less 

17 likely to smoke or use illegal drugs. 

18 (3) Sports participation effectively combats obe19 sity, which is particularly significant given that one 

20 in six girls are obese or overweight and African21 Americans and Hispanic girls face even greater 

22 risks. 

23 (4) Despite advances in athletic opportunities 

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

25 the Education Amendments of 1972, discrimination 

26 still limits athletic opportunities for females in interVerDate Nov 24 2008 21:28 Jun 17, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2882.IH H2882

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1 scholastic and intercollegiate athletics. Girls com2 prise 49 percent of the high school population, but 

3 receive only 41 percent of all interscholastic athletic 

4 participation opportunities nationwide. This trans5 lates into 1,300,000 fewer opportunities to play high 

6 school sports for girls than for boys. These lost par7 ticipation opportunities also result in the loss of ath8 letic scholarships that make it possible for many 

9 girls and young women to attend college. 

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

11 often receive inferior benefits and services when they 

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

13 equipment; uniforms; facilities, including locker 

14 rooms, fields, and practice and competitive facilities; 

15 training and medical services; publicity; access to 

16 coaches; and scheduling of practices, games, and 

17 sports seasons. 

18 (6) Without information about how athletic op19 portunities and benefits are being allocated at the el20 ementary and secondary school levels, students may 

21 be deprived of opportunities to play sports and to re22 ceive athletic scholarships to attend college. 

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

24 aware of the athletic opportunities and benefits 

25 available to male and female students so that they 


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1 can work to enhance athletic opportunities for all 

2 and address any inequities. 

3 (b) PURPOSES.—The purposes of this Act are as fol4 lows: 

5 (1) To ensure that information about the allo6 cation of athletic opportunities and benefits at the 

7 elementary and secondary school levels is available 

8 to all students. 

9 (2) To promote equal opportunities for both 

10 boys and girls to engage in school-sponsored ath11 letics. 

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

13 to the physical, psychological, health and other bene14 fits that result from playing sports. 

15 SEC. 3. DISCLOSURE OF STATISTICS ON EQUALITY IN ATH16 LETIC PROGRAMS. 

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

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

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

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

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

22 secondary school that participates in any program under 

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

24 the immediately preceding academic year, prepare a report 

25 that contains the following information: 


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

2 school and for each student an identification of such 

3 student’s— 

4 ‘‘(A) sex; 

5 ‘‘(B) race; and 

6 ‘‘(C) ethnicity. 

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

8 athletic competition and for each such team the fol9 lowing data: 

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

11 of the day of the first scheduled contest for the 

12 team, and for each participant an identification 

13 of such participant’s— 

14 ‘‘(i) sex; 

15 ‘‘(ii) race; and 

16 ‘‘(iii) ethnicity. 

17 ‘‘(B) The year the team began. 

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

19 from school and nonschool sources, including a 

20 listing of the following data for each team: 

21 ‘‘(i) Expenditures for travel. 

22 ‘‘(ii) Expenditures for equipment (in23 cluding any equipment replacement sched24 ule). 


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1 ‘‘(iii) Expenditures for uniforms (in2 cluding any uniform replacement sched3 ule). 

4 ‘‘(iv) Expenditures for facilities (in5 cluding locker rooms, fields, and gym6 nasiums) and their maintenance and re7 pair. 

8 ‘‘(v) Expenditures for training and 

9 medical facilities and services. 

10 ‘‘(vi) Expenditures for publicity for 

11 competitions (including press guides, press 

12 releases, game programs, and publicity 

13 personnel). 

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

15 medical personnel, and for each trainer or med16 ical personnel an identification of such per17 son’s— 

18 ‘‘(i) sex; 

19 ‘‘(ii) employment status (including 

20 whether such person is employed full-time 

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

22 head or assistant trainer or medical serv23 ices provider) and duties other than pro24 viding training or medical services; and 


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1 ‘‘(iii) qualifications, including whether 

2 the person is a professional or student. 

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

4 each coach an identification of such coach’s— 

5 ‘‘(i) sex; 

6 ‘‘(ii) employment status (including 

7 whether such coach is employed full-time 

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

9 head or assistant coach) and duties other 

10 than coaching; and 

11 ‘‘(iii) qualifications, including whether 

12 the person is a professional or student. 

13 ‘‘(F) Total annual revenues generated by 

14 the team (including contributions from outside 

15 sources such as booster clubs), disaggregated by 

16 source. 

17 ‘‘(G) The total number of competitions 

18 scheduled, and for each scheduled competition 

19 an indication of what day of the week and time 

20 the competition was scheduled. 

21 ‘‘(H) The total number of practices sched22 uled, and for each scheduled practice an indica23 tion of what day of the week and time the prac24 tice was scheduled. 


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1 ‘‘(I) The season in which the team com2 peted. 

3 ‘‘(J) Whether such team participated in 

4 postseason competition, and the success of such 

5 team in any postseason competition. 

6 ‘‘(3) The average annual institutional salary at7 tributable to coaching of the head coaches of men’s 

8 teams, across all offered sports, and the average an9 nual institutional salary attributable to coaching of 

10 the head coaches of women’s teams, across all of11 fered sports. 

12 ‘‘(4) The average annual institutional salary at13 tributable to coaching of the assistant coaches of 

14 men’s teams, across all offered sports, and the aver15 age annual institutional salary attributable to coach16 ing of the assistant coaches of women’s teams, 

17 across all offered sports. 

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

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

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

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

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

23 number of teams for which the coach has responsibility 

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1 sistent with the coach’s responsibilities for the different 

2 teams. 

3 ‘‘(c) DISCLOSURE OF INFORMATION TO STUDENTS

4 AND PUBLIC.—On an annual basis, each coeducational el5 ementary or secondary school described in subsection (a) 

6 shall— 

7 ‘‘(1) make available to students, potential stu8 dents, and the public, upon request, the information 

9 contained in each report by the school under this 

10 section by October 15 of each school year; and 

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

12 members of the relevant community are informed of 

13 their right to request such information. 

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

15 On an annual basis, each coeducational elementary or sec16 ondary school described in subsection (a) shall provide the 

17 information contained in each report by the school under 

18 this section to the Commissioner for Education Statistics 

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

20 such information available under subsection (c). 

21 ‘‘(e) DUTIES OF COMMISSIONER FOR EDUCATION

22 STATISTICS.—The Commissioner for Education Statistics 

23 shall— 


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

2 section are posted on the Department of Education’s 

3 Web site within a reasonable period of time; and 

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

5 the enactment of the High School Athletics Account6 ability Act of 2009, notify all elementary and sec7 ondary schools in all States about the requirements 

8 under subsection (c) and issue guidance to all ele9 mentary and secondary schools on how to collect and 

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

Æ 


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