SECTIONS 89240-89241 - California Statutes

EDUCATION CODE

SECTION 89240-89241

89240. It is the intent of the Legislature that opportunities for
participation in athletics be provided on as nearly an equal basis to
male and female students as is practicable, and that comparable
incentives and encouragements be offered to females to engage in
athletics.
It is the further intent of the Legislature that females be given
the same opportunity to participate in athletics and compete with
other females in individual and team athletics as is available to
males who participate with other males in individual and team
athletics.

89241. (a) This section shall be known and may be cited as the
California Student Athlete Fair Opportunity Act of 2005.
(b) It is the intent of the Legislature to ensure that the
Trustees of the California State University provide appropriate
academic support services for student athletes and that those
athletes are given a fair opportunity to earn a baccalaureate degree.
(c) The trustees shall ensure, through executive order or
regulation, that all California State University campuses that
provide athletic scholarships for student athletes also provide
summer athletic scholarships commencing with the 2006 summer term.
The provision of these summer athletic scholarships shall be
consistent with both of the following:
(1) The requirements of Title IX of the federal Education
Amendments of 1972, as amended from time to time.
(2) The bylaws of the National Collegiate Athletic Association, as
amended from time to time.
(d) Students who are otherwise ineligible for admission to the
specific campus of the California State University, but who are
admitted under policies that permit those students to be admitted if
they have athletic ability that will contribute to the campus, shall
be given first priority for summer athletic scholarship assistance.
(e) (1) Summer athletic scholarships awarded pursuant to this
section shall, at a minimum, be sufficient to cover the cost of
tuition, fees, books, and supplies as calculated for purposes of the
summer cost of attendance under the provisions of Title IV of the
federal Education Act of 1965, as it is amended from time to time.
(2) Nothing in this part shall be construed to limit a summer
athletic scholarship awarded pursuant to this section to any amount
less than that which is allowed under the bylaws of the National
Collegiate Athletic Association.
(3) A summer athletic scholarship awarded pursuant to this section
shall be of sufficient amount and duration with regard to the number
of summer sessions and the number of units covered, to provide a
student athlete a fair opportunity to correct academic progress
problems through attendance in a summer session.
(f) A summer athletic scholarship awarded pursuant to this section
may be funded through any revenue source available to, or procured
by, the campuses of the California State University, including, but
not necessarily limited to, gate receipts, donations from alumni and
others, corporate sponsorships, associated student contributions, and
campus-based student fees that may be legally used for this purpose.
In accordance with subdivision (i), the California State University
shall not use state General Fund moneys or state university fee
revenue to fund summer athletic scholarships. The California State
University shall not set aside, for the purposes of summer athletic
scholarships, any institutional financial aid funds for which any
financially needy students are eligible. A student athlete may only
receive summer financial aid assistance if that student athlete
otherwise qualifies for that assistance irrespective of his or her
status as a student athlete.
(g) (1) The trustees shall ensure, through executive order or
regulation, that all California State University campuses that are
members of the National Collegiate Athletic Association have a
comprehensive plan for the academic support of student athletes.
(2) The plan adopted pursuant to this subdivision shall be
consistent with the requirements of Title IX of the federal Education
Amendments of 1972, as amended from time to time, and the bylaws of
the National Collegiate Athletic Association, as amended from time to
time. This plan shall include, but not necessarily be limited to,
coordination with existing academic and financial support services at
the campus, evaluation of the academic needs of student athletes, a
set of academic support initiatives, a financing plan for these
initiatives and a fund-raising strategy for the augmentation of these
initiatives, and a regular evaluation mechanism to monitor the
academic progress of athletes and the effectiveness of academic
support programs.
(3) Services provided under this subdivision may include any of
the following:
(A) Additional athletic financial assistance, which covers an
amount up to the cost of attendance under the provisions of Title IV
of the federal Education Act of 1965, as amended from time to time,
for additional periods of attendance necessary for an athlete to
complete the requirements for a baccalaureate degree after the
student's period of athletic eligibility has ended.
(B) Employment assistance, including work study programs.
(C) Tutoring.
(D) Mentoring.
(E) Accommodations in the scheduling of class sections to provide
a fair opportunity for student athletes to attend required courses in
a manner that allows them to participate in the requirements of
their sports.
(h) (1) The trustees shall report to the Legislature and the
Governor on or before November 1, 2006, and subsequently on or before
November 1 of each odd-numbered year, commencing on November 1,
2007, regarding the status of athletic academic progress and athletic
academic support in the California State University system for all
campuses that are members of the National Collegiate Athletic
Association.
(2) If any data that are required to be reported pursuant to
paragraph (3) could yield an individual identification of an athlete,
or if any data or information required to be reported pursuant to
paragraph (3) could be considered to be of a proprietary nature as
related to the sports enterprise of the campus, those data may be
forwarded under separate cover to the Governor and to the relevant
policy committees of the Legislature with a request for
confidentiality.
(3) The report required by this subdivision shall include, but not
necessarily be limited to, all of the following information:
(A) A five-year history of the graduation rate and Academic
Progress Rate of each team on each campus as calculated by the
National Collegiate Athletic Association, to the extent these rates
are available.
(B) Annual admission category information for each team on each
campus that indicates the number and percent of students admitted who
were not eligible for regular admission to the campus or the
university.
(C) A summary of the academic initiatives and support programs
available to the athletes at each campus.
(D) If the campus participates in Division I, including any of its
subparts, of the National Collegiate Athletic Association, and if
any team or the athletic program overall has an Academic Progress
Rate score of less than 925 for any year, a summary of the corrective
action planned by the campus or athletic department as well as a
report on sanctions, if any, imposed by the National Collegiate
Athletic Association.
(E) The total budget for the athletic programs and each team,
including an itemization of the amount spent on athletic scholarships
and the amount spent on summer athletic scholarships.
(i) The California State University shall not encumber, for the
purposes of this section, any moneys from the state General Fund or
any state university fee revenue.