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

[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]]


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Part VII






Department of Education






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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