BILL NUMBER: SB 661 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 25, 2005
AMENDED IN ASSEMBLY JUNE 30, 2005
AMENDED IN SENATE MAY 4, 2005
AMENDED IN SENATE APRIL 20, 2005
AMENDED IN SENATE APRIL 6, 2005
INTRODUCED BY Senator Migden
( Coauthor: Assembly Member
Bass )
FEBRUARY 22, 2005
An act to add Section 89241 to the Education Code, relating to
public postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 661, as amended, Migden Public postsecondary education:
California State University: California Student Athlete Fair
Opportunity Act of 2005.
Existing law establishes the public postsecondary education system
in California. Among the segments of public postsecondary education
in the state is the California State University, which is
administered by the Trustees of the California State University.
This bill would require the trustees to ensure that all California
State University campuses that provide athletic scholarships for
student athletes also provide summer athletic scholarships commencing
during the 2006 summer term.
The bill would require that the summer athletic scholarships
provided under the bill be sufficient to cover the cost of tuition,
fees, books, and supplies as calculated for purposes of the summer
cost of attendance.
The bill would require the trustees to ensure 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.
The bill would require the trustees to 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, with prescribed data 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The graduation rates and academic progress rates of student
athletes are lower than those of the general student body at several
California State University campuses and among specific athletic
teams at California State University campuses.
(b) Student athletes at the California State University face
significant challenges in their attempt to be successful in their
academic pursuits while meeting the demands of their sports
obligations.
(c) The California State University exercises its statutory
discretion related to admissions policies to admit and enroll some
students who are otherwise ineligible, solely because these students
have athletic ability that will contribute to the sports enterprise
of the campus.
(d) Summer academic support is a valuable tool in helping student
athletes reach their academic goals.
SEC. 2. Section 89241 is added to the Education Code, to read:
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) Nothing in this part shall be construed to require the
expenditure of California State University limited financial aid
program funds.
(4) 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,
campus-based student fees that may be legally used for
this purpose, and the general fund budget of the athletic department
or the campus, or both. Nothing in this part shall be construed to
require the expenditure of California State University general
purpose funding as provided in the annual Budget Act.
(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 it is 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.