HOUSE BILL 432

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Danice Picraux

AN ACT

RELATING TO PUBLIC SCHOOLS; ENACTING THE SCHOOL ATHLETICS EQUITY ACT; ENSURING GENDER EQUITY IN SPORTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "School Athletics Equity Act"."

     Section 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the School Athletics Equity Act:

          A. "public school" means that part of a school district that is a single attendance center in which instruction is offered by one or more teachers and that is discernible as a building or group of buildings generally recognized as an elementary, middle, junior high or high school or any combination of those and applies only to grades six through twelve; "public school" includes a charter school; and

          B. "Title 9" means federal Public Law 92-318, Title 9, of the Education Amendments of 1972, which is codified at 20 U.S.C 1681, et seq."

     Section 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] REPORTING COMPLIANCE WITH TITLE 9.--The department shall prepare a written questionnaire to enable school districts to gather information from public schools to ensure and report compliance with Title 9's athletics requirements. Each school district shall submit the completed questionnaires for each public school in its jurisdiction annually to the department. The questionnaires shall include:

          A. the following information pertaining to enrollment:

                (1) the prior year's total student enrollment in each public school as an average of enrollment at the fortieth, eightieth and one hundred twentieth days of the school year;

                (2) student enrollment by gender;

                (3) total number of students participating in athletics;

                (4) athletics participation by gender;

                (5) the number of boys' teams and girls' teams by sport and by competition level, such as intramural, junior varsity and varsity; and

                (6) graduation rates by gender;

          B. the following information pertaining to athletic directors, coaches, academic tutors and other school personnel:

                (1) the name and gender of each public school's athletic director or directors;  

                (2) the name of each team's coaches, academic tutors and other team personnel, with their gender, job title and employment status, such as full-time, part-time, contract or seasonal, specified;

                (3) the coach-to-athlete and staff-to-athlete ratio for each team;

                (4) the average annual salary or stipend for coaches of boys' teams and for coaches of girls' teams for each public school;

                (5) the academic tutors provided for the members of each team; and

                (6) the name, credentials and compensation for referees and other persons that officiate at competitions;

          C. an accounting of the funding sources that are used to support the school's athletic programs and to which teams those funds are allocated; funding sources include state funding, federal funding, fundraising or booster clubs, game and concession receipts, gate receipts, cash or in-kind donations, grants and any other source;

          D. the following information regarding public school expenses, including:

                (1) any capital outlay expenditures for each public school's athletic programs;

                (2) the budgets for each public school's athletics program; and

                (3) the budgets for individual teams, including travel expenses such as transportation, meal allowances and overnight accommodations; equipment; uniforms; facilities; facilities improvements; publicity expenses such as press guides, press releases, game programs and publicity personnel; awards; banquets; coaching or other athletic staff salaries or stipends; insurance; and any other expenses incurred by each team; and

          E. an evaluation of the provision of benefits and services to girls' teams and to boys' teams, including:

                (1) equipment, uniforms and supplies;

                (2) access to practice times and to game times;

                (3) travel and per diem allowances;

                (4) opportunities to receive coaching and academic tutoring;

                (5) assignment and compensation of coaches and tutors;

                (6) access to locker rooms, weight rooms and practice, competitive and training facilities;

                (7) publicity for team events; and

                (8) assistance in obtaining scholarships."

     Section 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] EFFECTIVE DATE AND TIMING OF REPORTS.--The questionnaires required pursuant to Section 3 of the School Athletics Equity Act shall be developed and distributed to each school district no later than October 1, 2009. Each school district shall compile and return the completed questionnaires from each public school under its jurisdiction to the department with information for the 2008-2009 school year no later than January 15, 2010. In subsequent years, the questionnaires described in Section 3 of the School Athletics Equity Act shall be provided on an annual basis to each school district no later than March 1 and shall be completed and returned to the department by June 30 of that year."

     Section 5. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] STUDENT INTEREST SURVEY.--To ensure that the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes, the department shall design and disseminate to school districts a student interest survey to determine which sports most appeal to the student body as a whole and to the student body by gender at each public school. Each public school shall survey its student body at least every other academic year and shall provide the results of the survey to the school district. Each school district shall compile the results and provide the results to the department. The department shall then compile a statewide report."

     Section 6. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DISCLOSURE TO STUDENTS AND PUBLIC.--

          A. Each public school shall make available to the public questionnaires and surveys prepared pursuant to the School Athletics Equity Act and all materials relied upon to complete the questionnaires. Each public school shall inform all students at the public school of their right to information compiled pursuant to the School Athletics Equity Act.

          B. The department shall make the following information available publicly:

                (1) each public school's completed questionnaire regarding Title 9 compliance completed pursuant to Section 3 of the School Athletics Equity Act;

                (2) each public school's student interest surveys; and

                (3) a list of public schools that did not submit fully completed questionnaires.

          C. Each public school shall maintain copies of the questionnaires and surveys completed pursuant to Sections 3 and 5 of the School Athletics Equity Act and all materials relied upon to complete the questionnaires for at least three years. Each public school shall publish questionnaires and survey results in a newspaper of general distribution in the state or make them prominently available on a publicly accessible web site."

     Section 7. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] REPORTING TO LEGISLATURE.--By October 1, 2010, the department shall submit a report to the legislature regarding compliance with Title 9 athletics equity requirements in public schools. The report shall include a summary of the information received from the public schools through the questionnaires and the student interest surveys. The report shall include recommendations on how to increase gender equity in athletics in public schools, and the department shall post the report in a prominent and publicly accessible manner on its web site."

     Section 8. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] ASSURANCE OF COMPLIANCE.--Each public school shall submit an assurance of compliance with Title 9 and the School Athletics Equity Act to its local school board and provide a copy to the department at the commencement of each school year and no later than October 1. The assurance must be signed by the public school's athletics director or directors, principal or administrative leader and Title 9 compliance officer. The department shall submit to the New Mexico activities association and publish, in a newspaper of general distribution in the state or on a publicly accessible web site in a prominent manner, a list of public schools that fail to timely submit an assurance of compliance with Title 9 and the School Athletics Equity Act. The department is authorized to design and disseminate a standard form regarding assurance of compliance."

     Section 9. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] ENFORCEMENT.--The department may audit local school boards, school districts and public schools regarding compliance with Title 9 and the School Athletics Equity Act, investigate possible violations of Title 9 and of the School Athletics Equity Act and submit summary reports to the legislature pursuant to that act. If the department determines that a local school board, school district or public school is not in compliance with Title 9 or any provision of the School Athletics Equity Act, the department may issue a letter of public censure; withhold the transferring of federal funds to noncompliant local school boards, school districts or public schools; apply to the district court for an injunction, writ of mandamus or other appropriate relief as provided in Paragraph (3) of Subsection B of Section 22-2-1 NMSA 1978; or take actions to suspend the local school board as provided in Section 22-2-14 NMSA 1978. The department shall provide technical assistance to local school boards, school districts and public schools to assist in their compliance with Title 9 and the School Athletics Equity Act."

     Section 10. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEPARTMENT POWERS AND DUTIES.--The department shall regulate local school boards', school districts' and public schools' compliance with Title 9 in its capacity as the state entity authorized to accept gifts or grants from the federal government in aid of education pursuant to Section 22-9-1 NMSA 1978, and in its capacity as the state's sole educational agency for the administration of funds received by the state by virtue of any federal statute relating to aid for education pursuant to Section 22-9-2 NMSA 1978."

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