II
119THCONGRESS
1
STSESSION S. 543
To prohibit certain discrimination against athletes on the basis of sex by
State athletic associations, intercollegiate athletic associations, and cov-
ered institutions of higher education, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY12, 2025
Mr. M
URPHY(for himself, Mr. BLUMENTHAL, and Mr. WYDEN) introduced
the following bill; which was read twice and referred to the Committee
on Health, Education, Labor, and Pensions
A BILL
To prohibit certain discrimination against athletes on the
basis of sex by State athletic associations, intercollegiate
athletic associations, and covered institutions of higher
education, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Fair Play for Women 4
Act’’. 5
SEC. 2. FINDINGS. 6
Congress finds the following: 7
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(1) More than 50 years ago, Congress passed 1
title IX of the Education Amendments of 1972 (re-2
ferred to in this section as ‘‘title IX’’), helping to 3
transform participation in and support for women’s 4
sports by barring discrimination on the basis of sex 5
in all schools that receive Federal funding, including 6
in their athletic programs. 7
(2) Since the passage of title IX, millions more 8
women and girls have had the opportunity to com-9
pete in school-based athletics. In high school ath-10
letics, athletic participation opportunities have in-11
creased from nearly 300,000 in 1972 to more than 12
3,400,000 in 2019. In intercollegiate athletics, op-13
portunities have increased from nearly 30,000 in 14
1972 to 215,000 in 2020 on teams sponsored by in-15
stitutions who are members of the National Colle-16
giate Athletic Association (referred to in this section 17
as the ‘‘NCAA’’). 18
(3) Despite progress, women and girls still face 19
unequal opportunities and unfair treatment in 20
school-based athletics. In high school athletics, girls 21
have over 1,000,000 fewer athletic opportunities 22
than boys, with schools providing girls with 43 per-23
cent of all athletic opportunities while girls represent 24
nearly half of all students. In intercollegiate ath-25
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letics, colleges would need to provide women with an 1
additional 148,000 sports opportunities to match the 2
same ratio of sports opportunities per student as is 3
offered to men. Overall, girls still do not have the 4
participation opportunities provided to boys before 5
the enactment of title IX, over 50 years ago. 6
(4) Girls of color are often most impacted by 7
unequal resources and unfair treatment. At high 8
schools predominantly attended by white students, 9
girls have 82 percent of the opportunities that boys 10
have to play sports, while at high schools predomi-11
nantly attended by students of color, girls have only 12
67 percent of the opportunities that boys have to 13
play sports. 14
(5) As part of title IX athletics requirements, 15
schools can show they are compliant by providing 16
athletic participation opportunities for men and 17
women that are substantially proportionate to their 18
respective enrollment rates. Yet, a Government Ac-19
countability Office report from 2024 found that 93 20
percent of all colleges had athletic participation rates 21
for women that were lower than their enrollment 22
rate at the colleges. At 63 percent of colleges, wom-23
en’s athletic participation rates were at least 10 per-24
centage points lower than their enrollment rates. 25
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Overall, the athletic participation rate for collegiate 1
women was 14 percent less than their enrollment 2
rate. Despite widespread noncompliance with title IX 3
athletics requirements, no college has ever had Fed-4
eral funding rescinded nor been sued by the Federal 5
government for noncompliance. 6
(6) The magnitude of current gaps in intercolle-7
giate athletics participation opportunities is likely 8
undercounted, as investigations of intercollegiate 9
athletics data have found that the majority of NCAA 10
member institutions inflate the number of women 11
participating in sports by double- and triple-counting 12
women athletes who participate in more than one 13
sport more often than the institutions double- and 14
triple-count their counterparts who are men, count-15
ing men who are practice players on women’s teams 16
as women athletes, and packing women’s teams with 17
extra players who never end up competing. 18
(7) Women and girls in sports also face unfair 19
treatment. They are frequently provided worse facili-20
ties, equipment, and uniforms than men and boys, 21
and they receive less financial support and publicity 22
from their schools. In the 2019–2020 academic year, 23
women received $252,000,000 less than men in ath-24
letic-based scholarships, and for every dollar colleges 25
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spent on recruiting, travel, and equipment for men’s 1
sports, they spent 58 cents, 62 cents, and 73 cents, 2
respectively, for women’s sports. 3
(8) Amid ongoing unfair treatment, athletes 4
and athletics-related staff too often are unaware of 5
the rights and obligations provided by title IX. In 6
surveys of children and their parents, the majority 7
report not knowing what title IX is. A study con-8
ducted by the Government Accountability Office in 9
2017 found that most high school athletic adminis-10
trators were unaware of who their title IX coordi-11
nator was or felt unsupported by their title IX coor-12
dinator. In intercollegiate athletics, most coaches re-13
port that they never received formal training about 14
title IX as part of the preparation for their jobs. 15
SEC. 3. PURPOSES. 16
The purposes of this Act are to— 17
(1) address unfair and discriminatory treatment 18
of women and girls in sports in elementary and sec-19
ondary schools, as well as institutions of higher edu-20
cation; 21
(2) improve the collection and transparency of 22
data pertaining to participation in and support for 23
women’s and girls’ sports at schools receiving Fed-24
eral financial assistance; 25
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(3) ensure all students participating in ath-1
letics, as well as those who work in school-sponsored 2
athletics, are aware of and understand the non-3
discrimination rights of students related to their 4
athletic opportunities; and 5
(4) ensure all students have equal access to 6
high-quality and supportive athletic opportunities. 7
SEC. 4. DEFINITIONS. 8
In this Act: 9
(1) ESEA
TERMS.—The terms ‘‘elementary 10
school’’ and ‘‘secondary school’’ have the meanings 11
given those terms in section 8101 of the Elementary 12
and Secondary Education Act of 1965 (20 U.S.C. 13
7801). 14
(2) C
OLLEGIATE.—The term ‘‘collegiate’’, used 15
with respect to athletics, means intramural and club- 16
level athletics or other athletics, in which all partici-17
pants attend the same covered institution of higher 18
education. 19
(3) C
OVERED INSTITUTION OF HIGHER EDU -20
CATION.—The term ‘‘covered institution of higher 21
education’’ means an entity that is described in sec-22
tion 908(2)(A) of the Education Amendments of 23
1972 (20 U.S.C. 1687(2)(A)) and covered by section 24
908 of those Amendments (20 U.S.C. 1687). 25
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(4) COVERED LOCAL EDUCATIONAL AGENCY .— 1
The term ‘‘covered local educational agency’’ means 2
such an agency that is described in section 3
908(2)(B) of the Education Amendments of 1972 4
(20 U.S.C. 1687(2)(B)) and covered by section 908 5
of those Amendments. 6
(5) I
NTERCOLLEGIATE ATHLETIC ASSOCIA -7
TION.—The term ‘‘intercollegiate athletic associa-8
tion’’ means any conference, association, or other 9
group or organization, established by or comprised 10
of 2 or more covered institutions of higher edu-11
cation, that— 12
(A) governs competitions among, or other-13
wise exercises authority over intercollegiate ath-14
letics at, such institutions of higher education 15
who are members of or under the authority of 16
the intercollegiate athletic association; and 17
(B) is engaged in commerce or an industry 18
or activity affecting commerce. 19
(6) S
TATE ATHLETIC ASSOCIATION .—The term 20
‘‘State athletic association’’ means any association, 21
organization, or other group, established by or com-22
prised of 2 or more elementary schools or secondary 23
schools that receive Federal funding, that governs 24
competition among or otherwise exercises authority 25
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over elementary school, secondary school, or inter-1
scholastic athletics, at such federally funded elemen-2
tary schools or secondary schools. 3
(7) T
ITLE IX COORDINATOR .—The term ‘‘title 4
IX coordinator’’ means the individual who coordi-5
nates the efforts of a covered school system to com-6
ply with and carry out the responsibilities of the cov-7
ered local educational agency under title IX of the 8
Education Amendments of 1972 (20 U.S.C. 1681 et 9
seq.). 10
SEC. 5. DISCRIMINATION BY STATE AND INTERCOLLEGIATE 11
ATHLETIC ASSOCIATIONS, LOCAL EDU-12
CATIONAL AGENCIES, AND COVERED INSTI-13
TUTIONS OF HIGHER EDUCATION. 14
(a) E
LEMENTARY OR SECONDARY SCHOOL.—No 15
State athletic association or covered local educational 16
agency shall, on the basis of sex, subject any athlete to 17
discrimination with respect to elementary school, sec-18
ondary school, or interscholastic athletics, including dis-19
crimination through— 20
(1) the rules it sets for elementary school, sec-21
ondary school, or interscholastic athletics; 22
(2) the sports— 23
(A) required for membership in a State 24
athletic association; 25
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(B) competitions sponsored by the State 1
athletic association or covered local educational 2
agency, respectively; or 3
(C) championships sponsored by that asso-4
ciation or agency; or 5
(3) the location, facilities, or amenities provided 6
for competitions or championships sponsored by that 7
association or agency. 8
(b) H
IGHEREDUCATION.— 9
(1) I
N GENERAL.—No intercollegiate athletic 10
association or covered institution of higher education 11
shall, on the basis of sex, subject any athlete to dis-12
crimination with respect to intercollegiate or (subject 13
to paragraph (2)) collegiate athletics, including dis-14
crimination through— 15
(A) the rules it sets for intercollegiate ath-16
letics or collegiate athletics; 17
(B) the sports— 18
(i) required for membership in an 19
intercollegiate athletic association, or re-20
quired for participation in collegiate ath-21
letics at a covered institution of higher 22
education; 23
(ii) competitions sponsored by the 24
intercollegiate athletic association, or colle-25
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giate athletic competitions sponsored by 1
the covered institution of higher education; 2
or 3
(iii) championships sponsored by the 4
intercollegiate athletic association, or colle-5
giate athletic championships sponsored by 6
the covered institution of higher education; 7
(C) the location, facilities, or amenities 8
provided for competitions or championships 9
sponsored by the intercollegiate athletic associa-10
tion, or for collegiate athletic competitions or 11
championships sponsored by the institution; 12
(D) the provision or arrangement for the 13
provision of goods or services (including bene-14
fits) for competitions or championships spon-15
sored by the intercollegiate athletic association, 16
or for collegiate athletic competitions or cham-17
pionships sponsored by such an institution; or 18
(E) the distribution of revenues or other 19
benefits to members of or such institutions 20
under the authority of the intercollegiate ath-21
letic association, or to teams, clubs, or other en-22
tities participating in collegiate athletics at the 23
institution. 24
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(2) LIMITATION.—Only a covered institution of 1
higher education may be considered to have com-2
mitted a violation of paragraph (1) with respect to 3
collegiate athletics. 4
(c) P
RIVATERIGHT OFACTION.— 5
(1) I
N GENERAL.—An individual who seeks to 6
participate, participates, or previously participated 7
in athletics covered under subsection (a) or (b), of-8
fered under the authority of an intercollegiate ath-9
letic association or State athletic association, or by 10
a covered institution of higher education or covered 11
local educational agency, may bring an action in any 12
Federal or State court of competent jurisdiction 13
against the athletic association, institution, or agen-14
cy involved, alleging a violation of this section. 15
(2) R
ELIEF.—The court may award all legal or 16
equitable relief that may be appropriate for such a 17
violation. The legal relief may include compensatory 18
damages for all injuries, including financial injuries, 19
unequal treatment, emotional distress, humiliation, 20
and pain and suffering, as well as punitive damages, 21
attorney’s fees, and expert fees. 22
(d) T
RAINING.— 23
(1) A
SSOCIATIONS.—Each State athletic asso-24
ciation or intercollegiate athletic association shall en-25
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sure that each employee of the State athletic asso-1
ciation or intercollegiate athletic association receives, 2
at least once per year, training on the provisions of 3
this section, including the rights delineated under 4
this section and the procedures for bringing actions 5
under this section. 6
(2) C
OVERED INSTITUTIONS OF HIGHER EDU -7
CATION.—Each covered institution of higher edu-8
cation shall ensure that each employee of the institu-9
tion with an employment function relating to colle-10
giate athletics receives, at least once per year, such 11
training. 12
(3) C
OVERED LOCAL EDUCATIONAL AGENCY .— 13
Each covered local educational agency shall ensure 14
that each employee of the local educational agency 15
with an employment function relating to athletics re-16
ceives, at least once per year, such training. 17
SEC. 6. EXPANDING ATHLETICS DISCLOSURE REQUIRE-18
MENTS. 19
(a) I
NSTITUTIONS OFHIGHEREDUCATION.—Section 20
485(g) of the Higher Education Act of 1965 (20 U.S.C. 21
1092(g)) is amended— 22
(1) in paragraph (1)— 23
(A) in the matter preceding subparagraph 24
(A)— 25
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(i) by inserting ‘‘collegiate (including 1
intramural and club-level) or’’ before 2
‘‘intercollegiate athletic program’’; and 3
(ii) by inserting ‘‘collegiate and’’ be-4
fore ‘‘intercollegiate athletics’’; 5
(B) in subparagraph (B), by striking 6
clause (i) and inserting the following: 7
‘‘(i) The total number of participants, 8
by team.’’; 9
(C) in subparagraph (C)— 10
(i) by striking ‘‘The total amount’’ 11
and inserting the following: ‘‘(i) The total 12
amount’’; and 13
(ii) by adding at the end the fol-14
lowing: 15
‘‘(ii) For each men’s and women’s inter-16
collegiate sport— 17
‘‘(I) the total amount of athletically 18
related student aid; 19
‘‘(II) the total number of athletically 20
related scholarships, and the average 21
amount of such scholarships; 22
‘‘(III) the total number of athletically 23
related scholarships that fund the full cost 24
of tuition at the institution; 25
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‘‘(IV) the total number of athletically 1
related scholarships that fund the full cost 2
of attendance for the athlete; 3
‘‘(V) the total number of athletically 4
related scholarships awarded for a period 5
equal to or less than one year; and 6
‘‘(VI) the total number of athletically 7
related scholarships awarded for a period 8
equal to or greater than 4 academic 9
years.’’; 10
(D) in subparagraph (E), by inserting 11
‘‘and disaggregated by each men’s sport and 12
each women’s sport’’ before the period at the 13
end; 14
(E) in subparagraph (G), by inserting 15
‘‘(which, for purposes of this subparagraph, in-16
cludes compensation, bonuses, benefits, and 17
buyouts paid to coaches and reportable by the 18
institution or related entities, including booster 19
clubs and foundations)’’ before ‘‘of the head 20
coaches of men’s teams’’; 21
(F) in subparagraph (H), by inserting 22
‘‘(which, for purposes of this subparagraph, in-23
cludes compensation, bonuses, benefits, and 24
buyouts paid to coaches and reportable by the 25
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institution or related entities, including booster 1
clubs and foundations)’’ before ‘‘of the assistant 2
coaches of men’s teams’’; 3
(G) in subparagraph (I)— 4
(i) by striking clause (i) and inserting 5
the following: ‘‘(i) The revenues from the 6
institution’s intercollegiate athletics activi-7
ties, in the aggregate and disaggregated by 8
each men’s sport and each women’s sport, 9
including— 10
‘‘(I) total revenues; and 11
‘‘(II) each category of revenues de-12
scribed in clause (ii).’’; and 13
(ii) in clause (ii)— 14
(I) by inserting ‘‘collegiate and’’ 15
before ‘‘intercollegiate’’; and 16
(II) by striking ‘‘, and adver-17
tising, but revenues’’ and all that fol-18
lows through the period at the end 19
and inserting ‘‘, advertising, and, to 20
the extent practicable, student activi-21
ties fees and alumni contributions.’’; 22
(H) by striking clause (i) of subparagraph 23
(J) and inserting the following: ‘‘(i) The ex-24
penses made by the institution for the institu-25
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tion’s intercollegiate athletics activities, in the 1
aggregate and disaggregated by each men’s 2
sport and each women’s sport, including— 3
‘‘(I) total expenses; and 4
‘‘(II) each category of expenses as de-5
scribed in clause (ii).’’; and 6
(I) by adding at the end the following: 7
‘‘(K) The numbers of participants who 8
participate in 1, 2, or 3 intercollegiate sports at 9
the institution, in the aggregate and 10
disaggregated by each men’s sport and each 11
women’s sport. 12
‘‘(L) The total number of men that prac-13
tice on women’s intercollegiate teams, in the ag-14
gregate and disaggregated by each women’s 15
sport. 16
‘‘(M) Information regarding race and eth-17
nicity for athletes and coaches (including assist-18
ant coaches), in the aggregate and 19
disaggregated by each men’s sport and each 20
women’s sport. 21
‘‘(N) The number of male students, and 22
the number of female students, participating in 23
collegiate (including intramural and club) 24
sports at the institution. 25
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‘‘(O) A certification that the institution 1
has verified the information submitted in the 2
report under this paragraph. 3
‘‘(P) With respect to the sports participa-4
tion opportunities requirements under title IX 5
of the Education Amendments of 1972— 6
‘‘(i) a certification that the institution 7
complies with such requirements by show-8
ing— 9
‘‘(I) substantial proportionality; 10
‘‘(II) a history and continuing 11
practice of expanding sports participa-12
tion opportunities; or 13
‘‘(III) full and effective accommo-14
dation of athletics interests; and 15
‘‘(ii) an identification of the method of 16
compliance described in subclauses (I) 17
through (III) of clause (i) that the institu-18
tion uses.’’; 19
(2) in paragraph (2), by striking ‘‘For the pur-20
poses of paragraph (1)(G)’’ and inserting ‘‘For the 21
purposes of subparagraphs (G) and (H) of para-22
graph (1)’’; 23
(3) by striking paragraph (4) and inserting the 24
following: 25
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‘‘(4) SUBMISSION; REPORT; INFORMATION 1
AVAILABILITY.— 2
‘‘(A) I
NSTITUTIONAL REQUIREMENTS .— 3
Each institution of higher education described 4
in paragraph (1) shall— 5
‘‘(i) by October 15 of each year, pro-6
vide the information contained in the re-7
port required under such paragraph for 8
such year to the Secretary; and 9
‘‘(ii) by not later than February 15 of 10
each year, publish such information on a 11
public Internet website of the institution in 12
a searchable format. 13
‘‘(B) P
UBLIC AVAILABILITY.—By not later 14
than February 15 of each year, the Secretary 15
shall make the reports and information de-16
scribed in subparagraph (A) for the imme-17
diately preceding academic year available to the 18
public, which shall include posting the reports 19
and information on a public Internet website of 20
the Department in a searchable format.’’; 21
(4) by redesignating paragraph (5) as para-22
graph (6); 23
(5) by inserting after paragraph (4) the fol-24
lowing: 25
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‘‘(5) REPORTS BY THE SECRETARY .— 1
‘‘(A) I
N GENERAL.—By not later than 2 2
years after the date of enactment of the Fair 3
Play for Women Act, and every 2 years there-4
after, the Secretary shall prepare and publish a 5
report on gender equity using the information 6
submitted under this subsection. 7
‘‘(B) C
ONTENTS.—The report required 8
under subparagraph (A) shall, in the aggregate 9
for all institutions of higher education described 10
in paragraph (1) and disaggregated by each in-11
dividual institution— 12
‘‘(i) identify participant gaps, if any, 13
by indicating the number of participants 14
that need to be added in order for partici-15
pants of the underrepresented sex at the 16
institution to match the proportion of en-17
rolled full-time undergraduate students of 18
the underrepresented sex at the institution; 19
‘‘(ii) identify funding gaps, if any, by 20
showing the percentage differences, com-21
pared to proportions of enrollment of men 22
and women at the institution, in expendi-23
tures for athletically related student aid, 24
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recruiting, promotion, and publicity in 1
intercollegiate athletics; and 2
‘‘(iii) identify any trends evident in 3
such data that address relevant inequities 4
in intercollegiate athletics participation and 5
financial support.’’; and 6
(6) in paragraph (6), as redesignated by para-7
graph (4)— 8
(A) by striking ‘‘D
EFINITION.—For the 9
purposes of this subsection, the term’’ and in-10
serting the following: ‘‘D
EFINITIONS.—For pur-11
poses of this subsection: 12
‘‘(A) O
PERATING EXPENSES .—The term’’; 13
and 14
(B) by adding at the end the following: 15
‘‘(B) P
ARTICIPANT.—The term ‘partici-16
pant’ means an athlete in a sport who— 17
‘‘(i)(I) is receiving the institutionally 18
sponsored support normally provided to 19
athletes competing at the institution in-20
volved on a regular basis during the sport’s 21
season; 22
‘‘(II) is participating in organized 23
practice sessions and other team meetings 24
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and activities on a regular basis during the 1
sport’s season; and 2
‘‘(III) is listed on the eligibility or 3
squad list maintained for the sport; or 4
‘‘(ii) due to injury, does not meet the 5
requirements of clause (i) but continues to 6
receive financial aid on the basis of athletic 7
ability in the sport. 8
‘‘(C) S
EASON.—The term ‘season’, when 9
used with respect to an intercollegiate team 10
sport, means the period beginning on the date 11
of a team’s first intercollegiate competitive 12
event in an academic year and ending on the 13
date of the team’s final intercollegiate competi-14
tive event in such academic year.’’. 15
(b) E
LEMENTARYSCHOOL ANDSECONDARYSCHOOL 16
A
THLETICPROGRAMS.— 17
(1) I
N GENERAL.—Subpart 2 of part F of title 18
VIII of the Elementary and Secondary Education 19
Act of 1965 (20 U.S.C. 7901 et seq.) is amended by 20
adding at the end the following: 21
‘‘SEC. 8549D. DISCLOSURE OF STATISTICS ON EQUALITY IN 22
ELEMENTARY AND SECONDARY EDUCATION 23
ATHLETIC PROGRAMS. 24
‘‘(a) D
EFINITIONS.—In this section: 25
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‘‘(1) PARTICIPANT.—The term ‘participant’ 1
means an athlete in a sport who participates in the 2
sport in elementary school, secondary school, or 3
interscholastic competitive events, organized practice 4
sessions, and other team meetings and activities on 5
a regular basis during the sport’s season. 6
‘‘(2) S
EASON.—The term ‘season’, when used 7
with respect to a team sport, means the period be-8
ginning on the date of a team’s first athletic com-9
petition in an academic year and ending on the date 10
of the team’s final interscholastic athletic competi-11
tion in such academic year. 12
‘‘(3) S
TATE ATHLETIC ASSOCIATION .—The 13
term ‘State athletic association’ has the meaning 14
given the term in section 4 of the Fair Play for 15
Women Act. 16
‘‘(b) I
NGENERAL.—The Secretary shall collect annu-17
ally, from each coeducational elementary school and sec-18
ondary school that receives Federal financial assistance 19
and has an athletic program, a report that includes the 20
following information for the immediately preceding aca-21
demic year: 22
‘‘(1) The total number of students that at-23
tended the school, fully disaggregated and cross-tab-24
ulated by sex and race or ethnicity. 25
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‘‘(2) A listing of the school’s teams that com-1
peted in athletic competition and for each such team 2
the following data: 3
‘‘(A) The season in which the team com-4
peted. 5
‘‘(B) The total number of participants, 6
fully disaggregated and cross-tabulated by sex 7
and race or ethnicity and level of competition. 8
‘‘(C) The total expenditures for the team 9
from all sources, including school funds and 10
funds provided by any other entities, such as 11
booster organizations, including the following 12
data: 13
‘‘(i) The travel expenditures. 14
‘‘(ii) The equipment expenditures (in-15
cluding any equipment replacement sched-16
ule). 17
‘‘(iii) The uniform expenditures (in-18
cluding any uniform replacement sched-19
ule). 20
‘‘(iv) The expenditures for facilities, 21
including medical facilities, locker rooms, 22
fields, and gymnasiums. 23
‘‘(v) The total number of trainers and 24
medical personnel, and for each trainer or 25
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medical personnel an identification of such 1
individual’s— 2
‘‘(I) sex; and 3
‘‘(II) employment status (includ-4
ing whether such individual is as-5
signed to the team full-time or part- 6
time, and whether such individual is a 7
head or assistant trainer or medical 8
services provider) and duties other 9
than providing training or medical 10
services. 11
‘‘(vi) The expenditures for publicity 12
for competitions. 13
‘‘(vii) The total salary expenditures 14
for coaches, including compensation, bene-15
fits, and bonuses, the total number of 16
coaches, and for each coach an identifica-17
tion of such coach’s— 18
‘‘(I) sex; and 19
‘‘(II) employment status (includ-20
ing whether such coach is assigned to 21
the team full-time or part-time, and 22
whether such coach is a head or as-23
sistant coach) and duties other than 24
coaching. 25
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‘‘(D) The total number of competitive 1
events (in regular and nontraditional seasons) 2
scheduled, and for each an indication of what 3
day of the week and time the competitive event 4
was scheduled. 5
‘‘(E) Whether such team participated in 6
postseason competition, and the success of such 7
team in any postseason competition. 8
‘‘(c) D
ISCLOSURE TOSTUDENTS AND PUBLIC.—A 9
school described in subsection (b) shall— 10
‘‘(1) by October 15 of each year, make available 11
to students, potential students, and parents of stu-12
dents and potential students, upon request, and to 13
the public, the report and information required of 14
the school under such subsection for such year; and 15
‘‘(2) ensure that all students and parents at the 16
school are informed of their right to request such re-17
port and information. 18
‘‘(d) S
UBMISSION; INFORMATION AVAILABILITY.— 19
On an annual basis, each school described in subsection 20
(b) shall provide the report required under such sub-21
section, and the information contained in such report, to 22
the Secretary not later than 15 days after the date that 23
the school makes such report and information available 24
under subsection (c). 25
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‘‘(e) DUTIES OF THE SECRETARY.—The Secretary 1
shall— 2
‘‘(1) ensure that reports and information sub-3
mitted under subsection (d) are available on the 4
same public website, and searchable in the same 5
manner, as the reports and information made avail-6
able under section 485(g)(4)(B) of the Higher Edu-7
cation Act of 1965; and 8
‘‘(2) not later than 180 days after the date of 9
enactment of the Fair Play for Women Act— 10
‘‘(A) notify all elementary schools, sec-11
ondary schools, and State athletic associations 12
in all States regarding the availability of the re-13
ports and information under subsection (c); and 14
‘‘(B) issue guidance to all such elementary 15
schools, secondary schools, and State athletic 16
associations on how to collect and report the in-17
formation required under this section.’’. 18
(2) C
ONFORMING AMENDMENT .—The table of 19
contents in section 2 of the Elementary and Sec-20
ondary Education Act of 1965 is amended by insert-21
ing after the item relating to section 8549C the fol-22
lowing: 23
‘‘Sec. 8549D. Disclosure of statistics on equality in elementary and secondary
education athletic programs.’’.
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SEC. 7. TRAINING AND INFORMATION FOR ATHLETES AND 1
EMPLOYEES. 2
(a) T
RAINING.— 3
(1) C
OVERED LOCAL EDUCATIONAL AGENCY .— 4
(A) E
MPLOYEES.—Each covered local edu-5
cational agency shall ensure that each title IX 6
coordinator, and each employee who works with 7
athletics or teaches physical education or 8
health, for the covered local educational agency 9
receives, at least once per year, training on the 10
rights under title IX of the Education Amend-11
ments of 1972 (20 U.S.C. 1681 et seq.) of stu-12
dents at elementary schools or secondary 13
schools, and procedures for submitting com-14
plaints of violations under title IX of the Edu-15
cation Amendments of 1972 to the Office for 16
Civil Rights of the Department of Education. 17
(B) E
LEMENTARY AND SECONDARY 18
SCHOOL ATHLETES .—Each covered local edu-19
cational agency shall ensure that— 20
(i) a title IX coordinator for the cov-21
ered local educational agency provides 22
training to athletes at elementary schools 23
or secondary schools served by the covered 24
local educational agency on the rights of 25
the athletes under title IX of the Edu-26
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cation Amendments of 1972, and proce-1
dures for submitting complaints of viola-2
tions of that title to the Office for Civil 3
Rights of the Department of Education; 4
and 5
(ii) each such athlete receives that 6
training at least once per year. 7
(2) C
OVERED INSTITUTIONS OF HIGHER EDU -8
CATION.— 9
(A) E
MPLOYEES.—Each covered institu-10
tion of higher education shall ensure that each 11
employee of the athletic department of the cov-12
ered institution of higher education and each 13
employee of the institution with an employment 14
function relating to collegiate athletics receives, 15
at least once per year, training on the rights 16
under title IX of the Education Amendments of 17
1972 (20 U.S.C. 1681 et seq.) of students at 18
covered institutions of higher education, and 19
procedures for submitting complaints of viola-20
tions of title IX of the Education Amendments 21
of 1972 to the Office for Civil Rights of the De-22
partment of Education. 23
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(B) POSTSECONDARY SCHOOL ATH -1
LETES.—Each covered institution of higher 2
education shall ensure that— 3
(i) an expert in matters relating to 4
title IX of the Education Amendments of 5
1972, who is not an employee described in 6
subparagraph (A) of the covered institu-7
tion of higher education, provides training 8
to athletes at the covered institution of 9
higher education on the rights of the ath-10
letes under title IX of the Education 11
Amendments of 1972 (20 U.S.C. 1681 et 12
seq.), and procedures for submitting com-13
plaints of violations of that title to the Of-14
fice for Civil Rights of the Department of 15
Education; and 16
(ii) each such athlete receives that 17
training at least once per year. 18
(b) D
ATABASE.—The Secretary of Education shall 19
establish and maintain a database of title IX coordinators, 20
which shall be separate from the civil rights coordinators 21
data maintained by the Office for Civil Rights of the De-22
partment of Education. The database shall include, at a 23
minimum, the name, phone number, and email address for 24
each title IX coordinator. The Secretary shall make the 25
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information in the database available to the public with, 1
and by the same means as, reports made available under 2
section 485(g)(4)(B) of the Higher Education Act of 1965 3
(20 U.S.C. 1092(g)(4)(B)). 4
SEC. 8. ADMINISTRATIVE ENFORCEMENT THROUGH CIVIL 5
PENALTIES. 6
(a) N
ONCOMPLIANCE.—The Secretary of Education 7
shall determine, at the beginning of each year, each cov-8
ered institution of higher education, covered local edu-9
cational agency, elementary school, or secondary school 10
that was found during the prior year to be in noncompli-11
ance with a requirement of section 7, or of title IX of the 12
Education Amendments of 1972 (20 U.S.C. 1681 et seq.). 13
Such administrative proceeding shall be conducted in the 14
same manner as an administrative proceeding under sec-15
tion 902 of the Education Amendments of 1972 (20 16
U.S.C. 1682). 17
(b) C
IVILPENALTY.—If the Secretary of Education 18
determines under subsection (a) that a covered institution 19
of higher education, covered local educational agency, ele-20
mentary school, or secondary school was in such non-21
compliance during the prior year, the Secretary may im-22
pose a civil penalty on such institution, agency, or school. 23
(c) F
URTHERNONCOMPLIANCE.—If the Secretary of 24
Education determines under subsection (a) that a covered 25
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institution of higher education, covered local educational 1
agency, elementary school, or secondary school was in such 2
noncompliance during 2 or more of the prior 5 years, the 3
Secretary shall— 4
(1) require such covered institution, covered 5
local educational agency, elementary school, or sec-6
ondary school to submit, not later than 120 days 7
after receiving notice of the determination, a plan 8
for coming into compliance with all requirements of 9
section 7, and of title IX of the Education Amend-10
ments of 1972 (20 U.S.C. 1681 et seq.); and 11
(2) make the report publicly available. 12
SEC. 9. RULE OF CONSTRUCTION. 13
Nothing in this Act shall be construed to imply that 14
intercollegiate athletic associations, State athletic associa-15
tions, covered institutions of higher education, or covered 16
local educational agencies— 17
(1) are not covered by title IX of the Education 18
Amendments of 1972 (20 U.S.C. 1681 et seq.); or 19
(2) were not covered by that title on the day be-20
fore the date of enactment of this Act. 21
Æ
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