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.