Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-19 - EDUCATIONAL EQUITY › Section 6A-19.004 - Interscholastic, Intercollegiate, Club and Intramural Athletics

Current through Reg. 50, No. 138; July 16, 2024
The Commissioner shall require that governing boards include
				  all factors identified in Section
				  1000.05(3),
				  F.S., in the plans for implementation required of governing boards under
				  subsection 6A-19.010(1),
				  F.A.C., and shall require that those factors be included in the periodic
				  reviews conducted under subsection
				  6A-19.010(2),
				  F.A.C.
(1) Gender equity in athletics
				at all levels of public education shall be defined as: Gender equity in
				athletics is the fair distribution of overall athletic opportunity and
				resources, substantially proportionate to the enrollment of males and females,
				so that no student athlete, coach or athletic administrator is discriminated
				against in an athletic program on the basis of gender.
(2) Accommodation of interest and abilities.
				The level of participation for male and female students shall be provided in
				numbers substantially proportionate to their enrollment in the institution.
(a) The level of intercollegiate
				participation for male and female students shall be provided in numbers
				substantially proportionate to their undergraduate enrollments. Participation
				shall include all varsity roster positions available, but shall not include
				club or intramural opportunities. When participation is not substantially
				proportionate, the institution shall develop a corrective action plan in
				compliance with subsection (17) of this rule.
(b) Each level of interscholastic
				participation for male and female students shall be provided in numbers
				substantially proportionate to their respective enrollments. Participation
				opportunities shall include all varsity, junior varsity, or freshman roster
				positions available, but shall not include club or intramural opportunities.
				When participation is not substantially proportionate, the institution shall
				develop a corrective action plan in compliance with subsection (17) of this
				rule.
(c) Where the members of one
				sex are not, and have not been, substantially proportionate among
				intercollegiate or interscholastic athletes, the institution may defend the
				participation rates by showing a history and continuing practice of athletic
				program expansion which can be demonstrated to be responsive to the developing
				interests and abilities of that sex. Any defense on this basis shall be
				included in a correction action plan in compliance with subsection (17) of this
				rule.
(d) Where the members of one
				sex are not substantially proportionate among intercollegiate or
				interscholastic athletes, and the institution cannot show a history and
				continuing practice of athletic program expansion, the institution may show its
				commitment to gender equity in athletics if it can demonstrate that the
				interests and abilities of the members of that sex have been fully and
				effectively accommodated. Any demonstration on this basis shall be included in
				a corrective action plan in compliance with subsection (17) of this
				rule.