Sec. 6. Expanding athletics disclosure requirements
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Section 485(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(g) ) is amended— in paragraph (1)— in the matter preceding subparagraph (A)— by inserting collegiate (including intramural and club-level) or before intercollegiate athletic program ; and by inserting collegiate and before intercollegiate athletics ; in subparagraph (B), by striking clause
(i)and inserting the following: The total number of participants, by team. ; in subparagraph (C)— by striking The total amount and inserting the following:
(i)The total amount ; and by adding at the end the following: For each men’s and women’s intercollegiate sport— the total amount of athletically related student aid; the total number of athletically related scholarships, and the average amount of such scholarships; the total number of athletically related scholarships that fund the full cost of tuition at the institution; the total number of athletically related scholarships that fund the full cost of attendance for the athlete; the total number of athletically related scholarships awarded for a period equal to or less than one year; and the total number of athletically related scholarships awarded for a period equal to or greater than 4 academic years. ; in subparagraph (E), by inserting and disaggregated by each men’s sport and each women’s sport before the period at the end; in subparagraph (G), by inserting (which, for purposes of this subparagraph, includes compensation, bonuses, benefits, and buyouts paid to coaches and reportable by the institution or related entities, including booster clubs and foundations) before of the head coaches of men's teams ; in subparagraph (H), by inserting (which, for purposes of this subparagraph, includes compensation, bonuses, benefits, and buyouts paid to coaches and reportable by the institution or related entities, including booster clubs and foundations) before of the assistant coaches of men's teams ; in subparagraph (I)— by striking clause
(i)and inserting the following:
(i)The revenues from the institution’s intercollegiate athletics activities, in the aggregate and disaggregated by each men’s sport and each women’s sport, including— total revenues; and each category of revenues described in clause (ii). ; and in clause (ii)— by inserting collegiate and before intercollegiate ; and by striking , and advertising, but revenues and all that follows through the period at the end and inserting , advertising, and, to the extent practicable, student activities fees and alumni contributions. ; by striking clause
(i)of subparagraph
(J)and inserting the following:
(i)The expenses made by the institution for the institution’s intercollegiate athletics activities, in the aggregate and disaggregated by each men’s sport and each women’s sport, including— total expenses; and each category of expenses as described in clause (ii). ; and by adding at the end the following: The numbers of participants who participate in 1, 2, or 3 intercollegiate sports at the institution, in the aggregate and disaggregated by each men’s sport and each women’s sport. The total number of men that practice on women’s intercollegiate teams, in the aggregate and disaggregated by each women’s sport. Information regarding race and ethnicity for athletes and coaches (including assistant coaches), in the aggregate and disaggregated by each men’s sport and each women’s sport. The number of male students, and the number of female students, participating in collegiate (including intramural and club) sports at the institution. A certification that the institution has verified the information submitted in the report under this paragraph. With respect to the sports participation opportunities requirements under title IX of the Education Amendments of 1972— a certification that the institution complies with such requirements by showing— substantial proportionality; a history and continuing practice of expanding sports participation opportunities; or full and effective accommodation of athletics interests; and an identification of the method of compliance described in subclauses
(I)through
(III)of clause
(i)that the institution uses. ; in paragraph (2), by striking For the purposes of paragraph (1)(G) and inserting For the purposes of subparagraphs
(G)and
(H)of paragraph
(1); by striking paragraph
(4)and inserting the following: Each institution of higher education described in paragraph
(1)shall— by October 15 of each year, provide the information contained in the report required under such paragraph for such year to the Secretary; and by not later than February 15 of each year, publish such information on a public Internet website of the institution in a searchable format. By not later than February 15 of each year, the Secretary shall make the reports and information described in subparagraph
(A)for the immediately preceding academic year available to the public, which shall include posting the reports and information on a public Internet website of the Department in a searchable format. ; by redesignating paragraph
(5)as paragraph (6); by inserting after paragraph
(4)the following: By not later than 2 years after the date of enactment of the Fair Play for Women Act , and every 2 years thereafter, the Secretary shall prepare and publish a report on gender equity using the information submitted under this subsection. The report required under subparagraph
(A)shall, in the aggregate for all institutions of higher education described in paragraph
(1)and disaggregated by each individual institution— identify participant gaps, if any, by indicating the number of participants that need to be added in order for participants of the underrepresented sex at the institution to match the proportion of enrolled full-time undergraduate students of the underrepresented sex at the institution; identify funding gaps, if any, by showing the percentage differences, compared to proportions of enrollment of men and women at the institution, in expenditures for athletically related student aid, recruiting, promotion, and publicity in intercollegiate athletics; and identify any trends evident in such data that address relevant inequities in intercollegiate athletics participation and financial support. ; and in paragraph (6), as redesignated by paragraph (4)— by striking and inserting the following: Definition .—For the purposes of this subsection, the term Definitions .—For purposes of this subsection: The term ; and by adding at the end the following: The term participant means an athlete in a sport who— is receiving the institutionally sponsored support normally provided to athletes competing at the institution involved on a regular basis during the sport’s season; is participating in organized practice sessions and other team meetings and activities on a regular basis during the sport’s season; and is listed on the eligibility or squad list maintained for the sport; or due to injury, does not meet the requirements of clause
(i)but continues to receive financial aid on the basis of athletic ability in the sport. The term season , when used with respect to an intercollegiate team sport, means the period beginning on the date of a team’s first intercollegiate competitive event in an academic year and ending on the date of the team’s final intercollegiate competitive event in such academic year. . Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: In this section: The term participant means an athlete in a sport who participates in the sport in elementary school, secondary school, or interscholastic competitive events, organized practice sessions, and other team meetings and activities on a regular basis during the sport’s season. The term season , when used with respect to a team sport, means the period beginning on the date of a team’s first athletic competition in an academic year and ending on the date of the team’s final interscholastic athletic competition in such academic year. The term State athletic association has the meaning given the term in section 4 of the Fair Play for Women Act. The Secretary shall collect annually, from each coeducational elementary school and secondary school that receives Federal financial assistance and has an athletic program, a report that includes the following information for the immediately preceding academic year: The total number of students that attended the school, fully disaggregated and cross-tabulated by sex and race or ethnicity. A listing of the school’s teams that competed in athletic competition and for each such team the following data: The season in which the team competed. The total number of participants, fully disaggregated and cross-tabulated by sex and race or ethnicity and level of competition. The total expenditures for the team from all sources, including school funds and funds provided by any other entities, such as booster organizations, including the following data: The travel expenditures. The equipment expenditures (including any equipment replacement schedule). The uniform expenditures (including any uniform replacement schedule). The expenditures for facilities, including medical facilities, locker rooms, fields, and gymnasiums. The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such individual’s— sex; and employment status (including whether such individual is assigned to the team full-time or part-time, and whether such individual is a head or assistant trainer or medical services provider) and duties other than providing training or medical services. The expenditures for publicity for competitions. The total salary expenditures for coaches, including compensation, benefits, and bonuses, the total number of coaches, and for each coach an identification of such coach’s— sex; and employment status (including whether such coach is assigned to the team full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching. The total number of competitive events (in regular and nontraditional seasons) scheduled, and for each an indication of what day of the week and time the competitive event was scheduled. Whether such team participated in postseason competition, and the success of such team in any postseason competition. A school described in subsection
(b)shall— by October 15 of each year, make available to students, potential students, and parents of students and potential students, upon request, and to the public, the report and information required of the school under such subsection for such year; and ensure that all students and parents at the school are informed of their right to request such report and information. On an annual basis, each school described in subsection
(b)shall provide the report required under such subsection, and the information contained in such report, to the Secretary not later than 15 days after the date that the school makes such report and information available under subsection (c). The Secretary shall— ensure that reports and information submitted under subsection
(d)are available on the same public website, and searchable in the same manner, as the reports and information made available under section 485(g)(4)(B) of the Higher Education Act of 1965; and not later than 180 days after the date of enactment of the Fair Play for Women Act — notify all elementary schools, secondary schools, and State athletic associations in all States regarding the availability of the reports and information under subsection (c); and issue guidance to all such elementary schools, secondary schools, and State athletic associations on how to collect and report the information required under this section. . The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8549C the following: Sec. 8549D. Disclosure of statistics on equality in elementary and secondary education athletic programs. .
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