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AB-2220 College Student Athlete Bill of Rights.(2017-2018)

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Date Published: 05/26/2018 10:00 AM
AB2220:v96#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 10, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2220


Introduced by Assembly Member Bonta Members Bonta and Gonzalez Fletcher
(Coauthor: Assembly Member Holden)

February 12, 2018


An act to amend Sections 67450, 67451, 67452, and 67453 of, to amend the heading of Part 40.3 (commencing with Section 67450) of Division 5 of Title 3 of, and to add Section Sections 67452.5 and 67453.5 to, the Education Code, relating to postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 2220, as amended, Bonta. College Student Athlete Bill of Rights.
Existing law, known as the Student Athlete Bill of Rights, requires intercollegiate athletic programs at 4-year private universities or campuses of the University of California or the California State University that receive, as an average, $10,000,000 or more in annual revenue derived from media rights for intercollegiate athletics to comply with prescribed requirements relating to student athlete rights. Existing law requires these institutions to rely exclusively on revenue derived from media rights for intercollegiate athletics to defray certain costs accrued under the Student Athlete Bill of Rights. Existing law defines “student athlete” for purposes of the Student Athlete Bill of Rights. Existing law provides for a scholarship to be provided by the institution to an injured student athlete for up to 5 academic years.
This bill would instead require all intercollegiate athletic programs at private postsecondary educational institutions, independent institutions of higher education, or campuses of the University of California or the California State University that provide athletic scholarships for college student athletes to comply with the prescribed requirements. The bill would rename the Student Athlete Bill of Rights as the College Student Athlete Bill of Rights and would redesignate “student athlete” as “college student athlete” for purposes of the College Student Athlete Bill of Rights. The bill would delete the provisions requiring an institution to exclusively use revenue from media rights for intercollegiate athletics to defray certain costs accrued under the College Student Athlete Bill of Rights. The bill would provide the require a scholarship to be provided to an injured college student athlete for one additional academic year beyond the five-year 5-year limit upon showing of cause for need. The bill would require the provision of an equivalent scholarship to an athletic scholarship to a college student athlete who has exhausted his or her athletic eligibility under certain circumstances. The bill would exempt, from certain of these requirements, institutions that receive, as an average over the most recent 3-year period, less than $10,000,000 in annual revenue as reported pursuant to federal law. The bill would provide a private right of action, as specified, to college student athletes for a violation of the College Student Athlete Bill of Rights by an institution of higher education, including any of its personnel, as defined. require an institution of higher education to provide each of its college student athletes with a copy of their rights established under the College Student Athlete Bill of Rights and designate an individual at the institution to receive complaints from college student athletes for violations of the College Student Athlete Bill of Rights. The bill would establish a process by which a suspected violation of a college student athlete’s rights under the College Student Athlete Bill of Rights can be investigated and remedied.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The heading of Part 40.3 (commencing with Section 67450) of Division 5 of Title 3 of the Education Code is amended to read:

PART 40.3. COLLEGE Student ATHLETE BILL OF RIGHTS

SEC. 2.

 Section 67450 of the Education Code is amended to read:

67450.
 The Legislature finds and declares all of the following:
(a) Meeting the educational needs of college student athletes should be a priority for intercollegiate athletic programs.
(b) California’s institutions of higher education that participate in Division I and Division II intercollegiate athletics collectively generate millions of dollars annually in media contracts, and this revenue would not exist without the efforts of college student athletes.
(c) College student athletes generate large revenues for many athletic programs, spend approximately 20 hours per week participating in their respective sports, and suffer current and historically low graduation rates.
(d) Providing adequate health and safety protection for college student athletes can help prevent serious injury and death.
(e) Current and former college student athletes can be left to pay for medical expenses incurred from injuries suffered while participating in intercollegiate athletics.
(f) Institutions of higher education should provide their college student athletes with the same due process protection afforded to students who do not participate in athletics.
(g) Athletic programs in this state are subject to federal gender equity requirements under Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
(h) An institution of higher education should not punish any college student athlete for transferring to another institution of higher education.
(i) An institution of higher education should not use funds for purposes of this part that are dedicated for the benefit of the general student body.

SEC. 3.

 Section 67451 of the Education Code is amended to read:

67451.
 For purposes of this part:
(a) “Athletic association” means any organization that is responsible for governing intercollegiate athletic programs.
(b) “Athletic program” means an intercollegiate athletic program at any institution of higher education within the meaning of subdivision (d).
(c) “Graduation success rate” means the percentage of college student athletes who graduate from that institution of higher education within six years of their initial enrollment, excluding outgoing transfers in good academic standing with athletic eligibility remaining, and including incoming transfers. The rate is to be calculated by combining the rates of the four most recent classes that are available in the exact manner as the rate is calculated under National Collegiate Athletic Association rules.
(d) “Institution of higher education” means any campus of the University of California or the California State University, or any private postsecondary educational institution or independent institution of higher education located in California, that provides athletic scholarships for college student athletes.
(e) “College student athlete” means any college student who participates in an intercollegiate athletic program of an institution of higher education, and includes college student athletes who participate in basketball, football, and other intercollegiate sports.

SEC. 4.

 Section 67452 of the Education Code is amended to read:

67452.
 Commencing with the 2013–14 academic year, an athletic program shall comply with all of the following:
(a) (1) If an athletic program does not renew an athletic scholarship of a college student athlete who suffers an incapacitating injury or illness resulting from his or her participation in the athletic program, and the institution of higher education’s medical staff determines that he or she is medically ineligible to participate in intercollegiate athletics, the institution of higher education shall provide an equivalent scholarship that, combined with the total duration of any previous athletic scholarship or scholarships received by the college student athlete, will be provided for a total of up to five academic years or until the college student athlete completes his or her undergraduate degree, whichever period is shorter. A college student athlete shall be granted one additional academic year beyond the five academic years upon showing of cause for need. Additional years may be provided at the discretion of the institution of higher education.
(2) If a college student athlete takes a temporary leave of absence from an institution of higher education, the duration of that leave of absence shall not count against the five-year limit on eligibility for an equivalent scholarship imposed by paragraph (1).

(3)An athletic program shall provide an equivalent scholarship to a college student athlete who was on an athletic scholarship and is in good standing, but has exhausted his or her athletic eligibility, for up to one year or until the college student athlete completes his or her primary undergraduate degree, whichever is shorter, except that an athletic program with a graduation success rate that is above 60 percent, disaggregated by team, shall not be subject to the requirements of this paragraph.

(4)

(3) A college student athlete whose athletic scholarship is not renewed for cause by an athletic program shall receive no benefits under this part, but may appeal this decision within the institution of higher education attended by the student or within the athletic conference or association of which that institution of higher education is a member, as appropriate.
(b) Each athletic program shall conduct a financial and life skills workshop for all of its first-year and third-year college student athletes at the beginning of the academic year. This workshop shall include, but not be limited to, information concerning financial aid, debt management, and a recommended budget for full- and partial-scholarship college student athletes living on or off campus during the academic year and the summer term based on the current academic year’s cost of attendance. The workshop shall also include information on time management skills necessary for success as a college student athlete, and academic resources available on campus.
(c) An institution of higher education shall grant a college student athlete the same rights as other students with regard to any and all matters related to possible adverse or disciplinary actions, including, but not necessarily limited to, actions involving athletically related financial aid.
(d) An athletic program shall respond within seven business days with an answer to a college student athlete’s written request to transfer to another institution of higher education.

SEC. 5.

 Section 67452.5 is added to the Education Code, to read:

67452.5.
 (a) An athletic program shall provide an equivalent scholarship to a college student athlete who was on an athletic scholarship and is in good standing, but has exhausted his or her athletic eligibility, for up to one year or until the college student athlete completes his or her primary undergraduate degree, whichever is shorter.
(b) An athletic program with a graduation success rate that is above 60 percent, disaggregated by team, shall not be subject to the requirements of subdivision (a).
(c) An institution of higher education that receives, as an average over the most recent three-year period, less than ten million dollars ($10,000,000) in annual revenue as reported to the Office of Postsecondary Education of the United States Department of Education pursuant to the federal Equity in Athletics Disclosure Act shall not be subject to the requirements of subdivision (a).

SEC. 5.SEC. 6.

 Section 67453 of the Education Code is amended to read:

67453.
 (a) (1) Unless a college student athlete declines the payment of premiums, an athletic program shall be responsible for paying the premiums of each of its college student athletes whose household has an income and asset level that does not exceed the level for Cal Grant A recipients set forth in Section 69432.7 for insurance covering claims resulting from their participation in the athletic program.
(2) An athletic program shall be responsible for paying the insurance deductible amount applicable to the claim of any college student athlete who suffers an injury resulting from his or her participation in the athletic program and makes a claim relating to that injury.
(3) If a college student athlete suffers an injury resulting from his or her participation in the athletic program that requires ongoing medical treatment, the athletic program shall provide, for a minimum of two years following the college student athlete’s graduation or separation from the institution of higher education, one of the following:
(A) The necessary medical treatment.
(B) Health insurance that covers the injury and the resulting deductible amounts.
(4) This subdivision shall not apply to preexisting medical conditions that predate the college student athlete’s participation in the athletic program.
(b) An athletic program shall adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, an athletic program shall adopt and implement exercise and supervision guidelines for any college student athlete identified with potentially life-threatening health conditions who participates in an athletic program.
(c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual revenue as reported to the Office of Postsecondary Education of the United States Department of Education pursuant to the federal Equity in Athletics Disclosure Act shall not be subject to the requirements of this section.

SEC. 6.SEC. 7.

 Section 67453.5 is added to the Education Code, to read:
67453.5.

(a)A

67453.5.
 (a) A institution of higher education shall provide a copy of the rights established for college student athletes under this chapter to each of its college student athletes, at least once per academic year, at the start of the season of the college student athlete’s sport. The institution of higher education shall designate an individual to receive complaints for violations of this chapter and include the contact information of that designated individual for each of its college student athletes.
(b) A college student athlete may report a violation of this chapter to the individual designated at the institution of higher education pursuant to subdivision (a). The institution shall have 60 days from the filing of that report to conduct an investigation of the complaint, conclude that investigation, and provide an appropriate remedy for each violation determined pursuant to the investigation.
(c) If a violation of this chapter is not remedied by an institution of higher education within 60 days of the filing of a report described in subdivision (b), the college student athlete may submit a civil action claim against the institution of higher education, including any of its personnel, to the Attorney General, or the appropriate district attorney or county counsel.
(d) If the Attorney General, or the appropriate district attorney or county counsel, does not pursue legal action within 60 days of the filing of a civil action claim pursuant to subdivision (c), the college student athlete may pursue a civil action for damages or equitable relief from his or her institution of higher education, the institution, including any of its personnel, for a violation of this chapter. A college student athlete who prevails in an action brought pursuant to this section subdivision may recover reasonable attorney’s fees and court costs, in addition to any damages or equitable relief, against the institution and its personnel.

(b)

(e) For purposes of this section, “personnel” means one or more representatives of an athletic program, including, but not necessarily limited to, an employee, coach, assistant, or affiliated health care professional.