Bill Text: NY A03252 | 2011-2012 | General Assembly | Introduced


Bill Title: Promotes interscholastic athletic programs and competition that provides equal opportunities to all students on the basis of athleticism, sportsmanship and performance; requires equity in determining eligibility for participation in championship athletic events.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2012-01-04 - referred to education [A03252 Detail]

Download: New_York-2011-A03252-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3252
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by  M.  of  A. MORELLE, ORTIZ, ROBINSON, ZEBROWSKI, BOYLAND,
         WEISENBERG -- Multi-Sponsored by -- M. of A. DESTITO,  HOOPER,  PERRY,
         PHEFFER,  SWEENEY, TOWNS -- read once and referred to the Committee on
         Education
       AN ACT to promote interscholastic athletic programs and competition that
         provides equal opportunities to all students on the basis of  athleti-
         cism, sportsmanship and performance
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as  the  "fairness
    2  in high school athletic competition act".
    3    S  2. Legislative intent. The legislature hereby finds that interscho-
    4  lastic athletic programs promote positive social, physical and  academic
    5  development  in  students. Furthermore, students who excel at interscho-
    6  lastic sports may be  afforded  athletic  scholarships  and/or  weighted
    7  consideration  when  applying to colleges. Since this system allows such
    8  benefits for athletic excellence, the methods by  which  interscholastic
    9  athletic competitions are conducted must provide equal opportunities for
   10  all  students  to  compete.  No  priority should be given to students or
   11  school programs, with regard to representation at interscholastic  cham-
   12  pionship  events,  based  on geography or any other factors unrelated to
   13  the standards of athletic competition and sportsmanship. Any system  for
   14  determining  participation  in championship events, which is utilized by
   15  the public schools of the state of New York, must be accountable to  the
   16  student  athletes,  and  provide  a fair opportunity to compete based on
   17  athleticism, sportsmanship and performance in qualifying events.
   18    The legislature finds that the current system utilized by  the  public
   19  schools  of  the  state of New York does not meet this standard. For the
   20  purposes of high  school  sports,  the  state  is  divided  into  eleven
   21  sections.  These  regions  consist of a number of schools, which compete
   22  within a single section, for rights to represent that section in  higher
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05365-01-1
       A. 3252                             2
    1  level   championship   events.   The  sections,  however,  are  severely
    2  disproportionate, and for certain sports representation at  championship
    3  events  favors  athletes who compete in sections with fewer schools. The
    4  legislature  further  finds  that talented athletes, who may rank at the
    5  top of statewide  standings,  are  unable  to  compete  in  championship
    6  events,  while  lesser athletes from smaller sections have qualified. In
    7  some sports, these students are disenfranchised by their geography,  and
    8  an inadequate system used to determine qualifying athletes.
    9    Additionally,  the  legislature  finds that, outside of New York city,
   10  the public schools of New York state participate as members of  the  New
   11  York  state public high schools athletic association. The organizational
   12  structure of the New York state public high schools athletic association
   13  does not allow for equitable representation of its voting members  based
   14  on  the  number  of schools each voting member represents. Each section,
   15  regardless of the number of participating schools per sport,  shares  an
   16  equal  voice  in  deciding championship standards. The legislature finds
   17  that this disproportionate representation unfairly discriminates against
   18  student athletes from larger sections.
   19    The legislature intends, by enactment of this act,  to  require  equal
   20  opportunity  for  high  school  athletes  to participate in championship
   21  events, that is based solely on athleticism, sportsmanship and  perform-
   22  ance  in qualifying events.  It is the intent of the legislature to have
   23  this act only apply to individual state or  intersectional  championship
   24  athletic  events  not included in the New York state public high schools
   25  athletic association five class system. It is also the intent that  this
   26  act  shall not apply to those interscholastic athletic qualifying events
   27  for state or intersectional competition  where  a  statewide  qualifying
   28  time or distance is used.
   29    S  3.  No  system for determining participation in championship inter-
   30  scholastic athletic events shall be used by the public  schools  of  New
   31  York state, unless such system provides a fair and equitable opportunity
   32  for students to participate in championship events based on athleticism,
   33  sportsmanship  and  performance  in qualifying events.  Furthermore, any
   34  system implemented must defer from using a  geographically  based  entry
   35  format, unless such system applies a multiple-entry format that provides
   36  proportional representation of the geographic regions or sections.  This
   37  section  shall only apply to interscholastic qualifying events for indi-
   38  vidual state or intersectional championships not  included  in  the  New
   39  York  state  public high schools athletic association five class system,
   40  and shall not apply to those interscholastic athletic  state  qualifying
   41  events where a statewide qualifying time or distance is used.
   42    S 4. This act shall take effect immediately.
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