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The Secretary proposes to amend the Student Assistance General Provisions regulations. These amendments are necessary to implement a new requirement in the Higher Education Act of 1965, as amended (HEA), recently added by the Improving America's Schools

FR part
VII
Attachments:
PublicationDate: 2/3/95
FRPart: VII
RegPartsAffected:
PageNumbers: 6939-6944
Summary: The Secretary proposes to amend the Student Assistance General Provisions regulations. These amendments are necessary to implement a new requirement in the Higher Education Act of 1965, as amended (HEA), recently added by the Improving America's Schools Act of 1994 (IASA). The IASA provision, titled the ``Equity in Athletics Disclosure Act (EADA),'' requires certain coeducational institutions of higher education to prepare--and make available to students, potential students, and the public--a report on participation rates, financial support, and other information on men's and women's intercollegiate athletic programs. These proposed regulations would implement this new statutory requirement. The statute requires that the Secretary issue final regulations implementing the EADA not later than 180 days following enactment. Thus, the statute requires that final regulations
be issued by April 18, 1995.
CommentDueDate: 4/4/95

  
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[


[Federal Register: February 3, 1995 (Volume 60, Number 23)]
[Proposed Rules ]
[Page 6939-6944]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe95-21]



[[Page 6939]]

_______________________________________________________________________

Part VII





Department of Education





_______________________________________________________________________



34 CFR Part 668



Student Assistance General Provisions; Proposed Rule

[[Page 6940]]

DEPARTMENT OF EDUCATION

34 CFR Part 668

RIN 1840-AC14


Student Assistance General Provisions

AGENCY: Department of Education.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Secretary proposes to amend the Student Assistance General
Provisions regulations. These amendments are necessary to implement a
new requirement in the Higher Education Act of 1965, as amended (HEA),
recently added by the Improving America's Schools Act of 1994 (IASA).
The IASA provision, titled the ``Equity in Athletics Disclosure Act
(EADA),'' requires certain coeducational institutions of higher
education to prepare--and make available to students, potential
students, and the public--a report on participation rates, financial
support, and other information on men's and women's intercollegiate
athletic programs. These proposed regulations would implement this new
statutory requirement. The statute requires that the Secretary issue
final regulations implementing the EADA not later than 180 days
following enactment. Thus, the statute requires that final regulations
be issued by April 18, 1995.

DATES: Comments must be received on or before April 4, 1995.

ADDRESSES: All comments concerning these proposed regulations should be
addressed to: Ms. Paula M. Husselmann, U.S. Department of Education,
600 Independence Avenue, S.W., ROB3, Room 4318, Washington, D.C. 20202-
5346, or to the following internet address: Athletic--Data@ed.gov.
A copy of any comments that concern information collection
requirements should also be sent to the Office of Management and Budget
at the address listed in the Paperwork Reduction Act section of this
preamble.

FOR FURTHER INFORMATION CONTACT: Ms. Paula Husselmann, U.S. Department
of Education, 600 Independence Avenue, S.W., ROB3, Room 4318,
Washington, D.C. 20202-5346. Telephone: (202) 708-7888. Individuals who
use a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The Student Assistance General Provisions
regulations (34 CFR part 668) apply to all institutions that
participate in the Title IV, HEA programs. The proposed changes in
these regulations are necessary to implement changes to the HEA made by
the Equity in Athletics Disclosure Act (EADA), which was included in
the Improving America's Schools Act of 1994 (IASA), Pub. L. 103-382,
enacted on October 20, 1994. The EADA requires that certain
institutions of higher education disclose--to students, potential
students, and the public--financial, participation, and other
information concerning the institutions' women's and men's
intercollegiate athletic programs. The EADA is a ``sunshine'' law
designed to make ``prospective students and prospective student
athletes . . . aware of the commitments of an institution to providing
equitable athletic opportunities for its men and women students.''
(IASA, section 360B(b)(7)) In enacting the EADA, Congress expected that
``knowledge of an institution's expenditures for women's and men's
athletic programs would help prospective students and prospective
student athletes make informed judgments about the commitments of a
given institution of higher education to providing equitable athletic
benefits to its men and women students.'' (IASA, section 360B(b)(8))
The EADA does not require that this information be submitted to the
Federal Government. Institutions of higher education that are subject
to the EADA must make the information available to students, potential
students, and the public.

Summary of the Proposed Regulations

The following is a summary of the regulations that the Secretary
proposes to implement the EADA. The Secretary is interested both in
ensuring that students and the public receive consistent, useful
information from institutions of higher education about their
intercollegiate athletic programs, and in keeping regulatory burden on
those institutions to the minimum necessary to carry out congressional
intent. The Secretary is also committed to working with organizations
that are interested in women's and men's sports in implementing the
EADA, including development of proposed and final regulations and any
optional reporting formats. The Secretary began consulting with a
number of these organizations soon after the law was enacted, and will
continue to do so in the future.
The proposed regulations include only the statutory requirements
contained in the EADA, as described below. The proposed regulations do
not include any requirements except those imposed by the statute. In
this summary, the Secretary describes a number of issues that could be
addressed in regulations or in non-binding guidance and requests
comments on the following questions:
<bullet> Which, if any, of these issues should be addressed in the
final regulations and how should they be addressed?
<bullet> Which issues instead should be addressed in non-binding
guidance provided by the Department and how should they be addressed?
<bullet> Which issues should not be addressed by the Department
because the statutory language is clear or for other reasons?
<bullet> Which other issues should be addressed in the final
regulations or in non-binding guidance from the Department and how
should they be addressed?
1. Institutions of higher education that are subject to the EADA.
The EADA applies to any coeducational institution of higher
education (IHE) that participates in a Title IV, HEA program and has an
intercollegiate athletic program. This statutory provision is set forth
in proposed Sec. 668.48(a).
The Secretary interprets ``intercollegiate athletic program'' to
refer to varsity teams. The term ``varsity'' is also used in the EADA.
These are the teams that compete at a certain level of play (against
other IHEs' varsity-level teams). The EADA does not apply to intramural
teams or to club teams even if such a team plays a limited number of
intercollegiate games against varsity teams. The Secretary requests
comments on whether the type or level of financial support by the IHE
should also be a determinant of whether a team should be considered a
varsity team under the EADA.
The Secretary interprets the term ``coeducational'' to refer to the
composition of an IHE's undergraduate student body. Thus, if an IHE has
undergraduate students of only one gender, the EADA would not apply to
the IHE's intercollegiate athletic program.
2. Annual report.
The EADA requires that an institution subject to this law shall
annually, for the immediately preceding academic year, prepare a report
that contains certain information regarding intercollegiate athletics.
The EADA specifies the information that must be included in the report.
The statutory reporting requirement is in proposed Sec. 668.48(b).
3. Full-time male and female undergraduates.
The report must include the number of male and female full-time
[[Page 6941]] undergraduates that attended the institution for the
immediately preceding academic year. (Proposed Sec. 668.48(b)(1))
The terms ``academic year'' and ``full-time student'' are defined
in the Student Assistance General Provisions (34 CFR 668.2(b)). For the
definition of ``full-time student,'' see 59 FR 22419, published on
April 29, 1994. For the definition of ``academic year,'' see 59 FR
61178, published on November 29, 1994. The Secretary could apply these
definitions to the EADA regulations and requests comments on whether to
use (1) these definitions, (2) other definitions, or (3) no
definitions. In particular, should the definition of ``academic year,''
which does not refer to a 12-month period, apply? The Secretary
believes that the categories of information required to be reported by
the EADA should be with respect to a 12-month period, but requests
comments on this issue.
The Secretary also requests comments on whether the term
``undergraduate'' should be defined, and, if so, how.
4. Participants on varsity teams.
The report must include--for the immediately preceding academic
year--a listing of the varsity teams that competed in intercollegiate
athletic competition and--for each team--the total number of
participants, by team, as of the day of the first scheduled contest for
the team. (Proposed Sec. 668.48(b)(2)(i))
The Secretary requests comments on who should be included and who
should be excluded as team ``participants'' under the EADA. For
example, since ``red-shirted'' players typically practice with a team
and receive athletically-related financial aid, should they be included
as ``participants?''
5. Operating expenses.
The report must include--for the immediately preceding academic
year--the total operating expenses attributable to each varsity team.
The EADA defines ``operating expenses'' to mean expenditures on lodging
and meals, transportation, officials, uniforms, and equipment. In
addition to reporting total operating expenses for each team, an
institution may also report those expenses on a per capita basis for
each team. An institution may report combined expenditures attributable
to closely related teams--such as track and field or swimming and
diving. Any such combinations must be reported separately for men's and
women's teams. (Proposed Sec. 668.48(b)(2)(ii))
The Secretary interprets the EADA to include expenses for both home
and away games and training sessions, including lodging and meals. The
Secretary also believes that ``total operating expenses'' should
include the expenses incurred by a team during an entire year, not just
those incurred during the sports season of a team. The Secretary
interprets the statute to exclude any categories of expenses that are
not specifically listed in the law. The Secretary is interested in
comments on which expenses should or should not be included under each
of the statutory categories (lodging and meals, transportation,
officials, uniforms, and equipment).
6. Head coaches and assistant coaches.
The institution must indicate in its report--for the immediately
preceding academic year--whether the head coach for each varsity team
was male or female and whether the head coach was assigned to that team
on a full-time or part-time basis. The EADA requires that the
institution consider graduate assistants and volunteers who served as
head coaches to be head coaches for the purposes of this requirement.
The institution must also indicate, for each team, the number of
assistant coaches who were male and the number of assistant coaches who
were female and whether a particular coach was assigned to that team on
a full-time or part-time basis. As with head coaches, the EADA requires
the institution to consider graduate assistants and volunteers who
served as assistant coaches to be assistant coaches for the purposes of
this requirement. (Proposed Sec. 668.48(b)(2)(iii) and (iv))
7. Total amount of athletically related student aid.
The report must include--for the immediately preceding academic
year--the total amount of money spent on athletically related student
aid, including the value of waivers of educational expenses, separately
for men's and women's teams overall. (Proposed Sec. 668.48(b)(3))
The Secretary interprets this provision of the statute to require
that the IHE report two totals--one total for men's teams and one total
for women's teams.
The term ``athletically related student aid'' is defined in section
485(e)(8) of the HEA to mean any scholarship, grant, or other form of
financial assistance, the terms of which require the recipient to
participate in a program of intercollegiate athletics at an IHE in
order to receive that assistance. This definition does not apply
automatically to the EADA, which is in subsection (g) of section 485.
However, the Secretary believes that the definition in subsection
(e)(8) would provide useful guidance for the purposes of the EADA and
that having a single definition would promote clarity and consistency
in the administration of these statutes. Thus, the Secretary proposes
that the definition in subsection (e)(8) be made applicable to the
EADA. The Secretary requests comments on whether ``athletically related
student aid'' should also include scholarships to students who are on
medical waivers (who therefore are not currently participating on the
team) or who continue to receive athletically related aid after they
cease to participate on a team for which they had been awarded that
aid.
8. Ratio of aid to male and female athletes.
The report must give--for the immediately preceding academic year--
the ratio of athletically related student aid awarded male athletes to
athletically related student aid awarded female athletes. (Proposed
Sec. 668.48(b)(4))
The Secretary interprets this provision to require an IHE to
calculate a ratio of the total of athletically related student aid
awarded male athletes to the total of athletically related student aid
awarded female athletes.
9. Expenditures on recruiting.
The report must include--for the immediately preceding academic
year--the total amount of expenditures on recruiting, separately for
men's and women's teams overall. (Proposed Sec. 668.48(b)(5))
The Secretary interprets this provision of the statute to require
that the IHE report two totals--one total for men's teams and one total
for women's teams.
The Secretary requests comments on whether a definition of
``expenditures on recruiting'' is necessary, and, if so, which
expenditures should or should not be included in the report as
``expenditures on recruiting.''
10. Total annual revenues.
The report must include--for the immediately preceding academic
year--the total annual revenues generated across all men's teams and
across all women's teams. In addition, an institution may report those
revenues by individual team. (Proposed Sec. 668.48(b)(6))
The Secretary interprets this provision of the statute to require
that the IHE report two totals--one total for men's teams and one total
for women's teams. The Secretary interprets the term ``total annual
revenues'' to mean gross income, since there is no indication in the
EADA that Congress intended anything less than that amount.
Under section 487(a)(18) of the HEA, IHEs are currently required to
make an annual compilation of revenues and expenses attributable to
``football, men's [[Page 6942]] basketball, women's basketball, all
other men's sports combined, and all other women's sports combined
[with respect to the institution's] intercollegiate athletics
activities.'' The revenues and expenses to be calculated for this
purpose are set forth in section 487(a)(18)(B) (i) and (ii) (20 U.S.C.
1094(a)(18)(B) (i) and (ii)). The Department's regulations implementing
these statutory requirements are in 34 CFR 668.14 (d) and (e) (59 FR
22427-22428, published April 29, 1994). The specific definition of
``operating expenses'' in the EADA precludes using the definition of
``expenses'' in section 487 and the Department's regulations. However,
the Secretary will consider the extent to which the definition of
``revenue'' in these provisions should be used in deciding what should
be included in ``total annual revenues'' under the EADA.
The Secretary requests comments on whether the EADA regulations
should adopt a definition of ``total annual revenues'' that is
different from the definition of ``revenue'' in Sec. 668.14, and, if
so, what specific sources of income should or should not be included in
``total annual revenues.''
11. Coaches' and assistant coaches' salaries.
The report must include--for the immediately preceding academic
year--the average annual institutional salary of the head coaches of
men's teams, across all offered sports, and the average annual
institutional salary of the head coaches of women's teams, across all
offered sports. If a head coach had responsibilities for more than one
team and the institution does not allocate that coach's salary by team,
the EADA states that the institution should divide the salary by the
number of teams for which the coach had responsibility and allocate the
salary among the teams on a basis consistent with the coach's
responsibilities for the different teams. The report must also include
the average annual institutional salary of the assistant coaches of
men's teams, across all offered sports, and the average annual
institutional salary of the assistant coaches of women's teams, across
all offered sports. (Proposed Sec. 668.48(b) (7) and (8))
The Secretary interprets ``across all offered sports'' to mean a
single average for all men's sports in the aggregate and a single
average for all women's sports in the aggregate.
The Secretary requests comments on what types of compensation
should be included in a coach's or assistant coach's ``salary'' to
provide an accurate picture of relative compensation. For example,
should ``salary'' include bonuses or other monetary benefits?
The Secretary also requests comments on the determination of an
average annual institutional salary if unpaid volunteers serve as head
coaches or assistant coaches. Consistent with the provisions in the
EADA that volunteers serving as part-time or full-time coaches or
assistant coaches should be counted as such, the Secretary believes
that their salaries (or lack thereof) should be reflected in the
average annual institutional salaries calculated by the IHE. The
Secretary believes that unpaid volunteer coaches and assistant coaches
could be included in these computations with a designated salary of
zero dollars. However, the Secretary requests comments as to whether
the report should instead simply include the number of unpaid
volunteers who served as coaches and assistant coaches without
including them in the computation of average annual institutional
salaries.
Because the EADA states that an IHE ``should'' allocate a coach's
salary if he or she coaches more than one team, the Secretary believes
that the statute requires that an IHE shall do the allocation, and the
proposed regulations so provide.
12. General issues.
The Secretary believes that coeducational teams should be reflected
in the IHE's report, and requests comments on how this could be done
most accurately and with minimal burden, particularly under the EADA
provisions that ask for information separately for ``men's and women's
teams.'' For example, the salary for a head coach of a coeducational
team could be prorated according to how many members of the team are
male and how many are female.
Some expenses, revenues, and salaries may be attributable to more
than one activity. In general, the Secretary believes that an IHE
should prorate these figures in a reasonable manner and to indicate in
the report how the figures were calculated, so that students, potential
students, and the public will understand the basis for the
calculations. If a faculty or staff member also coaches, the IHE should
make a reasonable determination of how much of the professor's salary
is attributable to his or her coaching duties. If a women's team and a
men's team share transportation to competitions held at the same site,
the transportation expense should be prorated according to the relative
number of female and male athletes who share the transportation. Are
there other situations where proration would be necessary to develop
the information required by the EADA? What guidance should the
Secretary offer to assist schools in making the prorations in a
consistent manner that allows for comparisons among schools? What
burdens would be imposed on IHEs in prorating expenses, revenues, or
salaries?
In calculating and reporting expenses, revenues, and salaries, the
Secretary interprets the EADA to require IHEs to use actual amounts
expended or earned during the immediately preceding academic year, not
budgeted or estimated amounts. The Secretary requests comments on any
burdens that would be imposed on schools in meeting an October 1
deadline and in using actual data.
The EADA requires that the information in the annual report be for
the immediately preceding academic year. How can this requirement be
made to work for an IHE whose fiscal year is not the same as its
academic year?
As noted above, certain definitions in 34 CFR Part 668, the Student
Assistance General Provisions (SAGP), could apply to these regulations.
The SAGP also contains other regulations that are pertinent to the
EADA, including recordkeeping requirements in Sec. 668.23 and the
enforcement and appeal provisions in Subparts G and H of Part 668.
Under section 443 of the General Education Provisions Act (20 U.S.C.
1232f), as amended by the IASA, records under the EADA generally will
have to be maintained by an IHE for three years.
Under the Student Right-to-Know Act (20 U.S.C. 1092(a)(5)), the
Secretary is required to permit an IHE that is a member of an athletic
association or athletic conference that has voluntarily published data,
or has agreed to publish data, that the Secretary considers
substantially comparable to the information required under the Act, to
use that data to satisfy the requirements of the Act. The Secretary
requests comment on whether a similar provision should be included in
the EADA regulations.
13. Format for the report.
The Secretary believes that the information in IHEs' reports under
the EADA should be as consistent as possible to assist students,
potential students, and the public understand and use that information.
The Secretary is also aware that differences exist among
intercollegiate athletic programs. Given these factors, the Department
is considering development of an optional model format that IHEs could
use for the annual report required by the EADA. Such a format would be
based on and developed in consultation with athletic
[[Page 6943]] conferences, schools, and groups interested in women's
and men's sports. Should such a form be developed and made available?
Can one format be used by all of the types of IHEs that will be subject
to the law, or will a small number of different formats be necessary?
If the latter, on what basis should institutions be differentiated?
Do any of the categories of information required by the EADA simply
not apply to some IHEs? If so, how should regulations, non-regulatory
guidance, or a model format address this situation?
14. Disclosure to students and the public.
The EADA requires that an institution of higher education subject
to the Act shall make available to students and potential students,
upon request, and to the public, the information contained in the
report. The institution shall inform all students of their right to
request that information. The Act requires that each institution make
available its first report not later than October 1, 1996. These
statutory provisions are set forth in proposed Sec. 668.41(e).
Each IHE must make its first report available by October 1, 1996.
The Secretary believes that October 1 also should be the deadline for
subsequent annual reports, and would best meet the needs of IHEs,
students, and potential students.
The Secretary believes it is particularly important that students,
potential students, and parents have easy and timely access to the
information in this report. How should an IHE give notice to each of
these groups that the report is available? How should the IHE make the
information accessible to students, potential students, and the public?
The Secretary does not believe that students or potential students
should be charged for copies of the report but is sensitive to the
possible financial burden on IHEs and requests comments on this matter.
Also, should an IHE be allowed to charge the public for copies of the
report?

Executive Order 12866

1. Assessment of Costs and Benefits

These proposed regulations have been reviewed in accordance with
Executive Order 12866. Under the terms of the order the Secretary has
assessed the potential costs and benefits of the regulatory action. The
potential costs associated with the proposed regulations are those
resulting from statutory requirements. Burdens specifically associated
with information collection requirements are identified and explained
elsewhere in this preamble under the heading Paperwork Reduction Act of
1980.
To assist the Department in complying with the specific
requirements of Executive Order 12866, the Secretary invites comment on
how the final regulations should be written to minimize potential costs
or to increase potential benefits resulting from these proposed
regulations consistent with the purposes of the EADA.

2. Clarity of the Regulations

Executive Order 12866 requires each agency to write regulations
that are easy to understand.
The Secretary invites comments on how to make these regulations
easier to understand, including answers to questions such as the
following: (1) Are the requirements in the regulations clearly stated?
(2) Do the regulations contain technical terms or other wording that
interferes with their clarity? (3) Does the format of the regulations
(grouping and order of sections, use of headings, paragraphing, etc.)
aid or reduce their clarity? Would the regulations be easier to
understand if they were divided into more (but shorter) sections? (A
``section'' is preceded by the symbol ``Sec. '' and a numbered heading;
for example, Sec. 668.48 Report on athletic program participation rates
and financial support data.) (4) Is the description of the proposed
regulations in the ``Supplementary Information'' section of this
preamble helpful in understanding the proposed regulations? How could
this description be more helpful in making the proposed regulations
easier to understand? (5) What else could the Department do to make the
regulations easier to understand?
A copy of any comments that concern how the Department could make
these proposed regulations easier to understand should be sent to
Stanley M. Cohen, Regulations Quality Officer, U.S. Department of
Education, 600 Independence Avenue, S.W. (Room 5121, FB-10),
Washington, D.C. 20202-2241.

Regulatory Flexibility Act Certification

The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities. The small entities that would be affected by these
regulations are small coeducational institutions of higher education
that participate in Title IV, HEA programs and that have
intercollegiate athletic programs. However, the regulations would not
have a significant economic impact on these small entities because the
regulations would not impose excessive regulatory burdens or require
unnecessary Federal supervision. The proposed regulations would not
impose any requirements except the statutory requirements in the EADA.

Paperwork Reduction Act of 1980

Section 668.48 contains information collection requirements. As
required by the Paperwork Reduction Act of 1980, the Department of
Education will submit a copy of these sections to the Office of
Management and Budget (OMB) for its review. (44 U.S.C. 3504(h))
Educational institutions that are public or nonprofit institutions
or businesses or other for-profit institutions may participate in the
Title IV, HEA programs. IHEs will need and use the information required
by these regulations to meet the disclosure requirements of the EADA.
Annual public reporting and recordkeeping burden contained in the
collection of information proposed in these regulations is estimated to
be 18,000 hours, including the time for searching existing data sources
and gathering and maintaining the data needed.
Organizations and individuals desiring to submit comments on the
information collection requirements should direct them to the Office of
Information and Regulatory Affairs, OMB, Room 3002, New Executive
Office Building, Washington, D.C. 20503; Attention: Daniel J. Chenok.

Invitation To Comment

Interested persons are invited to submit comments and
recommendations regarding these proposed regulations.
All comments submitted in response to these proposed regulations
will be available for public inspection, during and after the comment
period, in Room 4318, Regional Office Building 3, 7th and D Streets,
S.W., Washington, D.C., between the hours of 8:30 a.m. and 4:00 p.m.,
Monday through Friday of each week except Federal holidays.

Assessment of Educational Impact

The Secretary particularly requests comments on whether the
proposed regulations in this document would require transmission of
information that is being gathered by or is available from any other
agency or authority of the United States.

List of Subjects in 34 CFR Part 668

Administrative practice and procedure, Colleges and universities,
Consumer protection, Education, Grant [[Page 6944]] programs--
education, Loan programs--education, Reporting and recordkeeping
requirements, Student aid.

Dated: January 26, 1995.
Richard W. Riley,
Secretary of Education.

(Catalog of Federal Domestic Assistance Numbers: 84.007 Federal
Supplemental Educational Opportunity Grant Program; 84.032 Federal
Stafford Loan Program; 84.032 Federal PLUS Program; 84.032 Federal
Supplemental Loans for Students Program; 84.033 Federal Work-Study
Program; 84.038 Federal Perkins Loan Program; 84.063 Federal Pell
Grant Program; 84.069 State Student Incentive Grant Program; 84.268
Federal Direct Student Loan Program; and 84.272 National Early
Intervention Scholarship and Partnership Program. Catalog of Federal
Domestic Assistance Number for the Presidential Access Scholarship
Program has not been assigned.)

The Secretary proposes to amend Part 668 of Title 34 of the Code of
Federal Regulations as follows:

PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS

1. The authority citation for Part 668 is revised to read as
follows:

Authority: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, 1099c, and
1141, unless otherwise noted.

2. Section 668.41 is amended by revising the heading, removing and
reserving paragraphs (a) and (b), reserving paragraphs (c) and (d), and
adding a new paragraph (e), to read as follows:


Sec. 668.41 Reporting and disclosure of information.

(a)-(d) [Reserved]
(e)(1)(i) An institution of higher education subject to Sec. 668.48
shall make available to students and potential students, upon request,
and to the public, the information contained in the report described in
Sec. 668.48(b).
(ii) The institution shall inform all students of their right to
request that information.
(2) Each institution shall make available its first report under
Sec. 668.48 not later than October 1, 1996.

(Authority: 20 U.S.C. 1092(g)(3), (5))

3. Section 668.48 is added to subpart D to read as follows:


Sec. 668.48 Report on athletic program participation rates and
financial support data.

(a) Applicability. This section applies to each coeducational
institution of higher education that--
(1) Participates in any Title IV, HEA program; and
(2) Has an intercollegiate athletic program.
(b) Report. An institution subject to this section shall annually,
for the immediately preceding academic year, prepare a report that
contains the following information regarding intercollegiate athletics:
(1) The number of male and female full-time undergraduates that
attended the institution.
(2) A listing of the varsity teams that competed in intercollegiate
athletic competition and for each team the following data:
(i) The total number of participants, by team, as of the day of the
first scheduled contest for the team.
(ii) Total operating expenses attributable to those teams. For the
purposes of this section, the term ``operating expenses'' means
expenditures on lodging and meals, transportation, officials, uniforms
and equipment. An institution--
(A) Also may report those expenses on a per capita basis for each
team; and
(B) May report combined expenditures attributable to closely
related teams--such as track and field or swimming and diving. Those
combinations must be reported separately for men's and women's teams.
(iii) (A) Whether the head coach was male or female and whether the
head coach was assigned to that team on a full-time or part-time basis.
(B) The institution shall consider graduate assistants and
volunteers who served as head coaches to be head coaches for the
purposes of this report.
(iv)(A) The number of assistant coaches who were male and the
number of assistant coaches who were female for each team and whether a
particular coach was assigned to that team on a full-time or part-time
basis.
(B) The institution shall consider graduate assistants and
volunteers who served as assistant coaches to be assistant coaches for
the purposes of this report.
(3) The total amount of money spent on athletically related student
aid, including the value of waivers of educational expenses, separately
for men's and women's teams overall.
(4) The ratio of--
(i) Athletically related student aid awarded male athletes; to
(ii) Athletically related student aid awarded female athletes.
(5) The total amount of expenditures on recruiting, separately for
men's and women's teams overall.
(6) The total annual revenues generated across all men's teams and
across all women's teams. An institution may also report those revenues
by individual team.
(7)(i) The average annual institutional salary of the head coaches
of men's teams, across all offered sports, and the average annual
institutional salary of the head coaches of women's teams, across all
offered sports.
(ii) If a head coach had responsibilities for more than one team
and the institution does not allocate that coach's salary by team, the
institution shall divide the salary by the number of teams for which
the coach had responsibility and allocate the salary among the teams on
a basis consistent with the coach's responsibilities for the different
teams.
(8) The average annual institutional salary of the assistant
coaches of men's teams, across all offered sports, and the average
annual institutional salary of the assistant coaches of women's teams,
across all offered sports.

(Authority: 20 U.S.C. 1092(g)(1), (2), (4))

[FR Doc. 95-2777 Filed 2-2-95; 8:45 am]
BILLING CODE 4000-01-P



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Last Modified: 06/28/1998