H.R. 1183 — Fair Play for Women Act

This section provides the short title of the Act as the “Fair Play for Women Act.”

This section sets forth congressional findings regarding title IX of the Education Amendments of 1972, including that, since 1972, high school athletic participation opportunities for girls increased to more than 3,400,000 in 2019 from nearly 300,000, and intercollegiate opportunities increased to 215,000 in 2020 from nearly 30,000. It also finds that girls and women continue to face unequal athletic participation and treatment, including that girls have over 1,000,000 fewer high school athletic opportunities than boys, women would need 148,000 additional intercollegiate sports opportunities to match men’s participation ratios, girls at schools predominantly attended by students of color have 67 percent of the opportunities boys have to play sports compared with 82 percent at schools predominantly attended by white students, and women’s collegiate athletic participation rates are 14 percent below their enrollment rates. The findings further state that, in the 2019–2020 academic year, women received $252,000,000 less than men in athletic-based scholarships, and colleges spent 58 cents, 62 cents, and 73 cents on women’s sports for every dollar spent on men’s sports for recruiting, travel, and equipment, respectively.

This section states that the purposes of the Act are to address unfair and discriminatory treatment of women and girls in sports in elementary and secondary schools and institutions of higher education, improve the collection and transparency of data on participation in and support for women’s and girls’ sports at schools receiving Federal financial assistance, ensure that students participating in athletics and those who work in school-sponsored athletics understand students’ nondiscrimination rights related to athletic opportunities, and ensure that all students have equal access to high-quality and supportive athletic opportunities.

This section defines key terms for the Act, including “elementary school” and “secondary school” under section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), “collegiate” athletics as intramural and club-level athletics or other athletics in which all participants attend the same covered institution of higher education, and “covered institution of higher education” and “covered local educational agency” by reference to section 908 of the Education Amendments of 1972 (20 U.S.C. 1687(2)(A), (2)(B)). It also defines “intercollegiate athletic association” as a conference, association, or other group or organization established by or comprised of at least 2 covered institutions of higher education that governs or otherwise exercises authority over intercollegiate athletics and is engaged in commerce, and “State athletic association” as an association or other group established by or comprised of at least 2 federally funded elementary or secondary schools that governs competition among or otherwise exercises authority over school or interscholastic athletics. Finally, it defines “title IX coordinator” as the individual who coordinates a covered school system’s compliance with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).

This section prohibits State athletic associations, covered local educational agencies, intercollegiate athletic associations, and covered institutions of higher education from discriminating on the basis of sex against athletes in elementary school, secondary school, interscholastic, intercollegiate, and collegiate athletics, including in the rules governing athletics, the sports required for membership or participation, competitions and championships, the location and facilities used, the goods and services provided, and the distribution of revenues or other benefits. It limits liability for collegiate athletics to covered institutions of higher education only. It also creates a private right of action for individuals who seek to participate, currently participate, or previously participated in covered athletics to sue in Federal or State court and authorizes all appropriate legal or equitable relief, including compensatory damages, punitive damages, attorney’s fees, and expert fees. Finally, it requires annual training for employees of State and intercollegiate athletic associations, covered institutions of higher education, and covered local educational agencies whose duties relate to athletics, including instruction on the section’s rights and enforcement procedures.

This section expands the athletics disclosure requirements that institutions of higher education must report under section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)). It requires institutions to disclose information not only about intercollegiate athletics, but also about collegiate athletics, including intramural and club-level sports. Specifically, the section revises the required annual report to add or expand disclosures on: (1) the total number of participants, by team; (2) athletically related student aid and scholarships, including the total amount of aid, the number and average amount of scholarships, the number of scholarships covering full tuition or full cost of attendance, and the number of scholarships awarded for 1 year or less or for 4 academic years or more; (3) athletic participation data disaggregated by each men’s sport and each women’s sport; (4) coach compensation, bonuses, benefits, and buyouts, including amounts paid by related entities such as booster clubs and foundations; (5) athletics revenues and expenses, in the aggregate and by each men’s and women’s sport, including total revenues and expenses and, to the extent practicable, student activities fees and alumni contributions; and (6) the number of participants in 1, 2, or 3 intercollegiate sports, the number of men practicing on women’s teams, race and ethnicity information for athletes and coaches, and the number of male and female students participating in collegiate sports. The section also requires each institution to certify that it has verified the reported information and to certify how it complies with Title IX athletics participation requirements under the Education Amendments of 1972, including whether it relies on substantial proportionality, a history and continuing practice of expanding opportunities, or full and effective accommodation of athletics interests. In addition, the section changes the reporting timeline. Each institution must submit the report to the Secretary by October 15 of each year and publish the information on a searchable public website by February 15 of each year. The Secretary must also make the reports publicly available on a searchable Department website by February 15 each year. Finally, the section directs the Secretary to prepare and publish a biennial gender equity report, beginning not later than 2 years after enactment of the Fair Play for Women Act and every 2 years thereafter, using the information submitted under this subsection.

This section directs each covered local educational agency and covered institution of higher education to provide annual Title IX training to specified employees and athletes. As background, Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs and activities. For covered local educational agencies, the section requires annual training for each Title IX coordinator and each employee who works with athletics or teaches physical education or health, and annual training for elementary and secondary school athletes, on Title IX rights and on how to submit complaints to the Department of Education’s Office for Civil Rights. For covered institutions of higher education, the section requires annual training for each athletic department employee and each employee with an employment function relating to collegiate athletics, and annual training for postsecondary athletes by an outside Title IX expert who is not an employee of the institution, on the same rights and complaint procedures. The section also directs the Secretary of Education to establish and maintain a public database of Title IX coordinators, separate from the civil rights coordinators data maintained by the Office for Civil Rights, including each coordinator’s name, phone number, and email address, and to make the database available to the public using the same means as reports under 20 U.S.C. 1092(g)(4)(B).

This section establishes an administrative enforcement process for violations of section 7 and Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) by requiring the Secretary of Education, at the beginning of each year, to identify each covered institution of higher education, covered local educational agency, elementary school, or secondary school found during the prior year to be out of compliance. It authorizes the Secretary to impose a civil penalty on any such institution, agency, or school found noncompliant for the prior year, and it requires the Secretary to conduct the proceeding in the same manner as an administrative proceeding under 20 U.S.C. 1682. (Thus, the bill adds a monetary enforcement tool to the existing Title IX administrative enforcement framework.) This section further requires, for any covered institution, agency, or school found to be noncompliant during 2 or more of the prior 5 years, that the Secretary require submission of a compliance plan within 120 days after notice of the determination and make the report publicly available. (Thus, repeated noncompliance triggers a mandatory corrective-action plan and public disclosure.)

This section establishes that the Act does not alter the application of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) to intercollegiate athletic associations, State athletic associations, covered institutions of higher education, or covered local educational agencies. (Thus, those entities remain covered by title IX both on the date of enactment and as they were on the day before enactment.)