SENATE BILL REPORT

ESHB 2020

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

Rereferred House Committee on Appropriations

Senate Committee on Higher Education

Senate Hearing Date(s):March 27, 1989

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators Saling, Chairman; Patterson, Vice Chairman; Bauer, Cantu, Smitherman, Stratton, von Reichbauer.

Senate Staff:Jean Six (786-7423)

                  March 27, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 31, 1989, April 3, 1989

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Bailey, Bauer, Bluechel, Cantu, Hayner, Johnson, Lee, Moore, Niemi, Owen, Saling, Smith, Talmadge, Warnke.

Senate Staff:Linda Brownell (786-7715)

                  April 4, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, APRIL 3, 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 1970s, young women athletes entering college became concerned that their athletic opportunities were much more limited than those 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. v. 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 exempt 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, during the 1987-88 academic year, at state baccalaureate universities, female participants in intercollegiate athletic programs comprised 28 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 legislation to encourage equitable intercollegiate athletic opportunities for male and female students.  Another recommendation was to create an intercollegiate athletic scholarship program for students attending state colleges and universities.  The program would offer tuition waivers 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.  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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE HIGHER EDUCATION AMENDMENT:

Up to 2 percent of tuition waivers may be used for achieving or maintaining gender equity or the maximum waivers allowable by the intercollegiate athletic conference of which the institution is a member.

SUMMARY OF PROPOSED SENATE WAYS & MEANS AMENDMENT:

The striking amendment sets the amount of tuition waivers at up to 1 percent or the maximum waivers allowable by the (institution's) intercollegiate conference and starts the waiver program in the 1991-93 biennium.  The act expires on June 30, 1997.

Senate Committee - Testified: HIGHER EDUCATION:  FOR:  Representatives Ken Jacobsen and Louise Miller, original sponsors; Stephanie Adams, WSU students; Sue Durrant, WSU; Marcia Saneholtz, WSU; Jim Collier, UW; Helen Remick, UW; Linda Goodrich, WWU

Senate Committee - Testified: WAYS & MEANS:  FOR:  Representative Ken Jacobsen, original sponsor; Helen Remick, University of Washington; Sue Durrant, Marcia Saneholtz, Washington State University; Stephanie Adams, WSU students