95-2777. Student Assistance General Provisions  

  • [Federal Register Volume 60, Number 23 (Friday, February 3, 1995)]
    [Proposed Rules]
    [Pages 6940-6944]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-2777]
    
    
    
    
    [[Page 6939]]
    
    _______________________________________________________________________
    
    Part VII
    
    
    
    
    
    Department of Education
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    34 CFR Part 668
    
    
    
    Student Assistance General Provisions; Proposed Rule
    
    Federal Register / Vol. 60, No. 23 / Friday, February 3, 1995 / 
    Proposed Rules 
    [[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.
    
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    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:
         Which, if any, of these issues should be addressed in the 
    final regulations and how should they be addressed?
         Which issues instead should be addressed in non-binding 
    guidance provided by the Department and how should they be addressed?
         Which issues should not be addressed by the Department 
    because the statutory language is clear or for other reasons?
         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
    
    

Document Information

Published:
02/03/1995
Department:
Education Department
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
95-2777
Dates:
Comments must be received on or before April 4, 1995.
Pages:
6940-6944 (5 pages)
RINs:
1840-AC14: Student Assistance General Provisions - Equity in Athletics Disclosure Act
RIN Links:
https://www.federalregister.gov/regulations/1840-AC14/student-assistance-general-provisions-equity-in-athletics-disclosure-act
PDF File:
95-2777.pdf
CFR: (4)
34 CFR 668.48(b)(4))
34 CFR 668.48(b)
34 CFR 668.41
34 CFR 668.48