HOUSE BILL REPORT

ESHB 2020

As Amended by the Senate

BYHouse Committee on Higher Education (originally sponsored by Representatives Jacobsen, Miller, Spanel, Heavey, Wood, Belcher, Rector, Hankins, Anderson, O'Brien, R. King, Winsley, Jesernig, P. King, Pruitt, K. Wilson, Patrick, Leonard and Nutley)

Providing tuition and fee waivers for intercollegiate athletes to achieve gender equity.

House Committe on Higher Education

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Jacobsen, Chair; Spanel, Vice Chair; Van Luven, Ranking Republican Member; Basich, Fraser, Inslee, Jesernig, H. Myers, Prince and Wood.

Minority Report:  Do not pass.  (1)

      Signed by Representative Heavey.

House Staff:Susan Hosch (786-7120)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Higher Education as amended by Committee on Appropriations be substituted therefor and the substitute bill as amended do pass.  (23)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Belcher, Bowman, Brekke, Bristow, Dorn, Ebersole, Hine, May, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative Braddock.

House Staff:      Sherie Story (786-7136)

AS PASSED HOUSE MARCH 14, 1989

BACKGROUND:

The passage of Title IX in 1972 was the impetus for the rapid expansion of sports programs for women, particularly in high schools.  By the middle to late 1970's, young women athletes entering college became concerned that their college athletic opportunities were much more limited than opportunities available to young men.  After exhausting internal grievance procedures, women athletes and coaches of women's sports programs began to file formal legal complaints under Title IX and the state's Equal Rights Amendment.

In 1979, a discrimination lawsuit was filed against Washington State University based on Washington's Equal Rights Amendment. In Blair et al. vs. Washington State University, a superior court found the University guilty of discrimination.  The court's decree presented a series of formulas meant to ensure equitable funding of women's athletic programs.  However, football was exempted from the calculations of required scholarship and participation opportunities. On appeal, the state Supreme Court decided that football scholarships and participants could not be excluded from the formulas designed to protect against discrimination. These legal decisions, as well as the requirements of Title IX, may impact programs at all Washington colleges and universities that have an intercollegiate athletic program.

During 1988, a House Subcommittee of the Higher Education and Education Committees studied the opportunities available to male and female athletes in high school and college.  The committee found that, during the 1987-88 academic year, at state baccalaureate universities, female participants in intercollegiate athletic programs comprised 29 to 38 percent of the total.  These women athletes comprised between 29 to 31 percent of the athletes receiving financial aid, and their programs received between 26 to 36 percent of the available funding.  In contrast, young women competing in high school interscholastic competition comprised 39 percent of the participants. Washington State University was required by the courts to provide intercollegiate athletic opportunities based on its percentage of male and female undergraduate enrollments.

The Subcommittee recommended the introduction of legislation that would encourage equitable intercollegiate athletic opportunities for male and female students.  One of the recommended bills would create an intercollegiate athletic scholarship program for students attending state colleges and universities.  The program would offer tuition waivers and the waiver of the nonresident portion of tuition for students attending an institution that is working towards gender equity through an approved plan.

SUMMARY:

The state four-year institutions of higher education may waive up to 1 percent of their estimated tuition and fee revenue to achieve or maintain gender equity in intercollegiate athletic programs.

At any institution that has an underrepresented gender class, the waivers must first be awarded to athletes of that class, and any money saved or displaced as a result of the waivers must be used for athletic programs for those students.  If additional waivers are available, they may go to students who are not members of the underrepresented gender class, but any money saved or displaced by the waivers must be used for athletic programs for members of the underrepresented gender class.  Additional waivers may also be awarded to members of the underrepresented gender class even if no moneys are saved or displaced as a result of the waivers.

An underrepresented gender class occurs when the ratio of female to male students in intercollegiate athletics is less than approximately the ratio of female to male students enrolled as undergraduates at an institution of higher education.

Institutions granting the waivers are required to strive to accomplish the following goals:

(1)  Provide equitable intercollegiate athletic opportunities for male and female students;

(2)  Provide a variety of services related to intercollegiate athletics equitably to male and female students; and

(3)  Provide female coaches and administrators to act as role models for participants in intercollegiate athletics.

Before an institution is permitted to grant any waiver during the 1989-90 academic year, its governing board must adopt a plan to accomplish the goals listed above.  The plan must be submitted to the Higher Education Coordinating Board.  Beginning in the 1990-91 academic year, the Higher Education Coordinating Board must approve the institution's plan before any waivers are granted.

Some required provisions of the plan are outlined. One provision must ensure that, by July 1, 1994, the institution will provide athletic opportunities for women at a rate that meets or exceeds the rate at which girls participate in high school interscholastic athletics in Washington.

The Higher Education Coordinating Board is directed to report biennially, beginning in December, 1990, on institutional efforts to achieve gender equity in intercollegiate athletics.  The first report will include a recommendation on whether to extend this waiver authority to community colleges.  Before the Board reports in December, 1994, it will assess the extent of institutional compliance with the requirements of this act.  The 1994 report will include a recommendation on whether to continue this waiver authority.

Nothing in this act will excuse any institution from more stringent requirements imposed by law.

The act expires on June 30, 1995.

EFFECT OF SENATE AMENDMENTS:  An institution of higher education that is required by court order to achieve gender equity in intercollegiate athletics may grant tuition and fee waivers to athletes during the 1990-91 academic year.

Four year institutions of higher education may grant tuition waivers for athletes during the 1991-92 academic year if the institution's governing board has adopted a plan for achieving gender equity in intercollegiate athletics, and has submitted the plan to the Higher Education Coordinating Board.

Beginning in the 1992-93 academic year, no institution may grant any of the gender equity waivers unless the Higher Education Coordinating Board has approved the institution's plan.

The act will expire on June 30, 1997.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Higher Education) Marcia Saneholtz, Washington State University; Bob Maier, Washington Education Association; Jim Collier and Helen Remick, University of Washington; Lucinda Fernaud, Northwest Women's Law Center; Darlene Bailey and Dick Barrett, Eastern Washington University; Pat Thibaudeau, Washington Women United; and Stephanie Adams, Associated Students, Washington State University.

(Appropriations) Helen Remick and Jim Collier, University of Washington; Stephanie Adams, Washington State University; Dick Barrett, Eastern Washington University; Judy McNickle, Western Washington State University; Dick Thompson, Central Washington University; and Jennifer Jaech, Dave Brown, Cath Johnson, The Evergreen State College.

House Committee - Testified Against:      (Higher Education) None Presented.

(Appropriations) None Presented.

House Committee - Testimony For:    (Higher Education) The Blair and Supreme Court decisions requiring WSU to provide equitable intercollegiate athletic participation opportunities for young women have strong precedential value for all Washington colleges and universities.  Any institution that does not provide participation opportunities for young women at about their percentage of enrollment is vulnerable.  This legislation will expand the intercollegiate athletic opportunities available to young women by at least 38 percent, without requiring the institutions to reduce the number of opportunities for young men.  There are many valuable skills learned from participating in athletics, including the benefits of teamwork; and learning how to compete and how to accept winning and losing.  Requiring institutions to drop intercollegiate athletics is not the answer because there are many side benefits available to institutions from participation in athletic conferences such as the Pac 10.  These benefits include alumni support, and an enhanced ability to recruit faculty and students.

(Appropriations)  It is important to note that the Supreme Court decision set a new standard of equity compared to the Superior Court decision.  The Superior Court decision exempted football, but the Supreme Court did not.  Washington State is not different from other states with Division 1A athletic programs in the mix of men and women participating.  Other institutions are vulnerable to legal action and are watching what happens in Washington.  The proposed bill sets up realistic goals based on the supply of athletes coming out of high schools.  However, when those goals are achieved, the University of Washington will still be out of compliance with what appears to be the direction of the courts.  The money from these bills are needed to expand the opportunities for women.

House Committee - Testimony Against:      (Higher Education) None Presented.

(Appropriations) None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 98