OFFICE OF THE COUNCIL OF THE DI TRICT OF COLUMBIA SECRETARY COMMITTEE ON THE EDUCATION COMMITTEE REPORT 20 I5 JUN 25 AH II: I 7 1350 Pennsylvania Avenue, NW, Washington, DC 20004 To: Members of the Council of the District of Columbia FROM: Councilmember David Grosso ~ Chairperson, Committee on Educati~ /IV" DATE: June 24, 2015 Sun.mer: Report on Education on Bill 21-003 1, the "Title IX Athletic Eq uity Amendment Act of2015" The Comm ittee on Education, to which Bill 21-003 1, the "Title IX Athletic Equity Amendment Act of 20 15" was referred, reports favorably thereon and recommends approval by the Council of the District of Columbia. CONTENTS I. Background And Need ...................................................................... 1 II. Legi. lative Chronology .................................................................. J 1 Ill. Position Of The Executive ............................................................. 12 IV. Comments Of Advisory Neighborhood Commissions .................. 14 V. List Of Witnesses And Hearing Record ......................................... 14 YI. Impact On Existing Law ............................................................... 16 VII. Fiscal Impact ................................................................................ 16 VIII. Section-By-Section Analysis ..................... ................................. 16 IX. Committee Action .......................................................................... 17 X. List Of Attachments ....................................................................... 18 I. BACKGROUND AND NEED Bill 21-0031, the "Titl e IX Athletic Equity Amendment Act of 20 15", was introduced on January 20, 2015, by Councilmember Kenyan R. McDuffie, along with Councilmembers Grosso and Cheh. The bill is modeled after simil ar statutes in Californ ia, Georgia, Kentucky, New Mexico, and Pennsylvania, and it seeks to improve the District of Columbia's low public school athletic participation rates, particularly for girls, and inequitable programmatic offerings by requiring traditional and charter public schools to annuall y. ubmit athletic data and requiring the Mayor to develop a strategic plan to increase athletic gender equity. Committee on Education June 24, 2015 Report on Bill 21-0031 Page 2of18 Title IX of the Education Amendments of 1972 Title IX of the Education Amendments of 1972 ("Title IX") (20 U.S.C. 1681 et seq.) provides that, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."1 The law applies to public and private elementary, secondary, and postsecondary educational institutions, and in the District of Columbia, to both traditional and charter public schools.2 Title lX's scope is broad, and it covers any form of sex-based discrimination, including equal opportunity in athletics. 821-0031 focuses specifically on athletics. The law's implementing regulation requires that education programs receiving federal financial assistance must provide equal athletic opportunities for all students.3 In 1979, the Department of Health, Education, and Welfare issued a Policy lnterpretation,4 now enforced by the Department of Education's Office for Civil Rights (OCR), to determine whether an institution is effectively accommodating the "interests and abilities" of its students. Under this 5 three-prong test - any one of which can demonstrate compliance - an institution is in compliance if: 1. Participation opportumt1es for male and female students are provided m numbers s11bstantially proportionate to their respective enrollments; or 2. The institution can show a history and co11tin11i11r: practice of program expansion which is demonstrably responsive to the developing interests and abilities of the members of the underrepresented sex; or 3. It can be demonstrated that the interests and abilities of the members of the underrepresented sex have been [11llv and effectively accommodated by the present program. 1 20 U.S.C. § 1681; 34 C.F.R. Pan 106. 2 20 U.S.C. § 168l(c). 1 34 C.F.R. § !06.4l(c). "Equal oppor1uni1y. A rccipicnl which opcralcs or sponsors interscholastic, intcrco!lcgiatc, cluh or intramural athletics shall provide equal athletic opportunity for 1ncmbers of both sexes. In dctcnnining whether equal opportunities arc available the Director will consider, among other factors: (I) Whether the selection of sports and levels of co1npctition ctlcctivcly accom111odate the interests and abilities of 111en1bers of both sexes; (2) The provision of equipment and supplies~ (3) Scheduling of games and practice tin1e; (4) Travel and per die1n allowance; (5) Opportunity to receive coaching and acade1nic tutoring; (0) A'!.sign111ent an<l co1npcnsation of coaches and tutors; (7) Provision of locker rooms, practice and co1npctitivc facilities; (8) Provision of 1nedical and training facilities and services; (9) Provision of housing and dining facilities and services; ( 10) Publicity. 'U.S. Dcp't of Educ., Office for Civil Rights, Title IX oftlze Education Amendments of 1972; a Policy Interpretation; Title IX and Intercollegiate Atlzletics, 44 Fed. Reg. 71,413 (Dec. 11, 1979). 'Id. al 71,418. 2 Committee on Education June 24, 2015 Report on Bill 21-0031 Page 3of18 Athletic Data Reporting Requirements The "Equity in Athletics Disclosure Act" ("EADA") requires that colleges and universities annually report to OCR basic information on athletic participation data and expenditures.'' Specifically, the EADA requires post-secondary institutions to report the number of participants, total operating expenses, the gender and employment status of each coach, revenues, salaries, and expenses. Such data is made public. Although not presently disaggregated by race or ethnicity, advocacy organizations have recommended so to OCR.7 However, there is no similar requirement on the elementary or secondary levels. This transparency gap obscures disparities in programming and funding. States have moved to close the gap by passing legislation similar lo Bill 21-0031, and legislation has been introduced in Congress for the past several years. I. State Legislation California California's Senate Bill 1349 was signed into law on August 22, 2014. 8 The bill requires, beginning with the 2015-2016 school year, that each public elementary and secondary school that offers competitive athletics, including charter schools, make certain data publicly available, including the total enrollment of the school, classified by gender; the number of students enrolled at the school who participate in competitive athletics, classified by gender; and the number of boys' and girls' teams, classified by sport and by competition level. Georgia Enacted in 2000, the "Georgia Equity in Sports Act" provides state anti-discrimination protections similar to Title IX.9 It further sets forth criteria for determining whether equal athletic opportunities are available, including: (1) Whether the selection nf sports and levels of competition effectively accommodate the interests and abilities of members of both genders; (2) The provision of equipment and supplies; (3) Scheduling of games and practice time; ( 4) Travel allowance; (5) Opportunity to receive coaching and academic tutoring; (6) Assignment and compensation of coaches and tutors; ''Equity in Athletics Disclosure Act (EADA), 20 U.S.C. § I092(g). 7 See National \,Vo111cn's Laiv Center Files Conunents to Dcpar1111e1u of Education re: Equity in Atliletics Disclosure Act (March 5, 2013 ), http://www.nwlc.org/sitcs/dcfault/filcs/ndfs/201.3 2 co111111cnts to Joi: on cada cnllcction.pdf. 8 S.B. 1349, Chapter 258 (Cal. Stat. 2014). ''GA. CODI' A~N. *!60-5-1.20 (2013): "No student shall, on the basis of gender, he excluded from participation in, be denied the benefits of, be tn.:ated differently fro1n another student, or otherwise be <liscri111inatc<l against in any interscholastic or intra111ural athletics offered by a local school system, and no local school system shall provide any such athletics separately on such basis." 3 Committee on Education June 24, 2015 Report on Bill 21-0031 Page 4of18 (7) Provision of locker rooms and practice and competitive facilities; (8) Provision of medical and training facilities and services; and (9) Publicity. 10 The law additionally provides for the adoption and publication of grievance procedures, including a thirty-day window for initial resolution, a developed appeals process, and a process for implementation of a corrective plan by the State Board of Education. Through regulation, 11 Georgia significantly expanded upon its statute, requiring each local board of education to adopt a gender equity policy, providing a sample athletic interest survey, and requiring each school to submit an annual School System Compliance Report on Gender Equity in Sports. 12 Kentucky Kentucky's athletic gender equity requirements are regulatory. 13 The Kentucky High School Athletic Association (KHSAA), as a prerequisite to designation as the state board of education's athletic agent, is required to audit each school over a five-year period for compliance with Title IX and, in turn, require the submission of an annual certification of compliance with Title IX from all high schools seeking to be members. 14 Under the KHSAA 's Title IX policies, each member school must establish a Gender Equity Review Committee to evaluate the athletic program and take any necessary