Section 200.80 Extracurricular Programs and Activities

Section 200

Section 200.80

Extracurricular Programs and Activities

a)         General Practices

1)         Except as provided in subsection (b)(1)(A) of this Section,

students of both sexes shall have equal access to all extracurricular programs

and activities, including clubs, committees, service or honor organizations,

intramural sports programs, interscholastic athletics and other after-school

activities which are offered by a system.

2)         Except as provided in subsection (b)(1)(A) of this Section,

extracurricular programs and activities offered by a system shall not use

titles which imply that membership or participation is restricted on the basis

of sex.

3)         A system shall not provide significant assistance to any

association or conference whose purpose is to organize or regulate

interscholastic competition if that association or conference discriminates on

the basis of sex in the provision of benefits or services to students.

4)         Schools may cooperate with single sex youth organizations that

are tax exempt and whose membership has traditionally been limited to members

of one sex and principally to persons who are under 19 years of age, provided

that comparable activities shall be available for both sexes.

b)         Selected Activity Areas

1)         Athletics (Interscholastic and Intramural)

A)        Both sexes shall be accorded equal opportunities to participate

in athletics programs.

i)          Single-sex teams are permitted for contact sports or when

selection for team membership is based upon competitive skill, provided the

interests and abilities of both sexes are accommodated.

ii)         In a noncontact sport, when a team is provided only for members

of one sex, members of the excluded sex must be allowed to compete for a place

on the team if their overall athletic opportunities have been limited in

comparison with those of the other sex

lection for team membership is based upon competitive skill, provided the

interests and abilities of both sexes are accommodated.

ii)         In a noncontact sport, when a team is provided only for members

of one sex, members of the excluded sex must be allowed to compete for a place

on the team if their overall athletic opportunities have been limited in

comparison with those of the other sex.

iii)        Where a coeducational team in a given sport does not accommodate

the interests and abilities of members of both sexes, separate teams shall be

afforded by sex. For example, if the level of interest determined pursuant to

subsection (b)(1)(B) indicates that 30 students of one sex and 30 students of

the other sex want to participate in a particular sport, but only one student

of the first sex is able to qualify to compete while 20 students of the other

sex do so, a coeducational team does not accommodate the interests and

abilities of both sexes.

B)        Within one year of becoming subject to this Part and at least

once every four years thereafter, a system shall assess student athletics

interest by administering a written survey to all students. Such surveys shall

be conducted in accordance with the following specifications:

i)          The survey shall be designed to measure the athletics

interest of students as participants rather than as spectators;

ii)         Students of both sexes shall be surveyed:

iii)        The same survey forms listing the same sports options shall

be used by students of both sexes;

iv)        On the survey form, sports shall not be designated by gender

(e.g., list "basketball" not "boys' basketball" or

"girls' basketball");

v)         Survey forms shall at least include the sports currently

available in the system, and shall include provision for students to indicate

interest in sports other than those listed by the system on the survey forms;

and

vi)        Students surveyed shall include at least those currently

enrolled in the system

er

(e.g., list "basketball" not "boys' basketball" or

"girls' basketball");

v)         Survey forms shall at least include the sports currently

available in the system, and shall include provision for students to indicate

interest in sports other than those listed by the system on the survey forms;

and

vi)        Students surveyed shall include at least those currently

enrolled in the system.

C)        Survey results shall be used in planning for the future as well

as in assessing current program comparability.  If survey data indicate that

the overall levels of student interest in the range of alternatives being

provided are disparate between the sexes and such disparity may be the result

of discrimination, the system shall initiate efforts to reduce such disparity.

D)        Based upon the results of the interest survey, existing

offerings and other pertinent factors (e.g., budget, facilities, available

competition, etc.), a system shall provide comparable continuity in sports

opportunities for students of both sexes (i.e., students have the opportunity

to acquire skills at successive levels, over time, within a given sport).

E)        The nature and extent of the athletics programs offered by a

system shall accommodate the interests and abilities of both sexes to a

comparable degree. Factors to be considered in assessing program comparability

include but are not necessarily limited to the following:

i)          Selection of sports offered,

ii)         Levels of competition within sports,

iii)        Length of sports seasons,

iv)        Scheduling of athletics opportunities throughout the calendar

year,

v)         Scheduling of practices and games during prime time,

vi)        Use of facilities for practice and competition,

vii)       Ratio of coach(es) to athletes,

viii)      Quality of coaching and officiating (e.g., credentials,

experience and compensation),

ix)        Assignment and compensation of coaches and officials,

x)         Supplies and equipment,

xi)        Allowances for travel

r,

v)         Scheduling of practices and games during prime time,

vi)        Use of facilities for practice and competition,

vii)       Ratio of coach(es) to athletes,

viii)      Quality of coaching and officiating (e.g., credentials,

experience and compensation),

ix)        Assignment and compensation of coaches and officials,

x)         Supplies and equipment,

xi)        Allowances for travel and per diem,

xii)       Medical and training services,

xiii)      Publicity for teams and individual participants,

xiv)      Overall distribution of athletic budget funds.

2)         Music

A)        Choruses segregated by sex shall not be allowed; however,

choral groups based upon vocal range and quality are allowable.

B)        Instrumental music skill acquisition and performance shall be

based upon students' individual interests and abilities, regardless of their

sex.

3)         Speech and Drama

A)        Competitive speaking events shall be open to both sexes.

B)        Materials limited to a single sex (e.g., a monologue specific

to one sex) may be used as long as comparable opportunities are provided for

both sexes.

4)         Miscellaneous

A)        Activities such as cheerleading, pompom squads, color guards,

school safety patrol, teacher/office aides, and library assistants shall be

open to students of both sexes.

i)          Participation criteria, selection procedures, or uniform restrictions

which would discriminate on the basis of sex shall not be applied.

ii)         Criteria for the utilization of such groups shall not

discriminate on the basis of sex.

B)        A king or queen of an activity may be selected; however,

comparable opportunities for students of both sexes shall be provided.

C)        If a system sponsors mother-son, father-daughter,

mother-daughter, or father-son activities, comparable activities shall be

available for both sexes, and the special needs of children from single-parent

families shall be accommodated.