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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

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PASSED THE SENATE AUGUST 22, 2012
PASSED THE ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN ASSEMBLY JULY 2, 2012
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE APRIL 26, 2012
AMENDED IN SENATE MARCH 27, 2012

INTRODUCED BY Senator Padilla

FEBRUARY 24, 2012

An act to add Part 40.3 (commencing with Section 67450) to
Division 5 of Title 3 of the Education Code, relating to
postsecondary education.



LEGISLATIVE COUNSEL'S DIGEST


SB 1525, Padilla. Postsecondary education: Student Athlete Bill of
Rights.
Existing law provides for a system of postsecondary education in
this state. This system includes 4 segments: the University of
California, administered by the Regents of the University of
California; the California State University, administered by the
Trustees of the California State University; the California Community
Colleges, administered by the Board of Governors of the California
Community Colleges; and independent institutions of higher education.

This bill would enact the Student Athlete Bill of Rights, pursuant
to which, commencing with the 2013-14 academic year, intercollegiate
athletic programs at 4-year institutions of higher education in the
state, as defined, that receive, as an average, $10,000,000 or more
in annual revenue derived from media rights, as defined, for
intercollegiate athletics, would be required to comply with
prescribed requirements. Among other things, the bill would require
the institution of higher education to provide an equivalent
scholarship, as prescribed, to a student athlete, as defined, if an
athletic program, as defined, does not renew the athletic scholarship
of a student athlete who suffers an incapacitating injury or illness
resulting from his or her participation in the athletic program, and
the institution's medical staff determines that the student athlete
is medically ineligible to participate in intercollegiate athletics,
or if a student athlete on an athletic scholarship and in good
standing exhausts his or her athletic eligibility, except for
specified athletic programs.
The bill would also require that athletic programs that receive,
as an average, $10,000,000 or more in annual revenue derived from
media rights for intercollegiate athletics be responsible for paying
the premiums of each of its student athletes whose household has an
income and asset level that does not exceed the level for Cal Grant A
recipients, as specified, for insurance covering claims resulting
from their participation in the athletic program, unless the student
athlete declines the payment of premiums. The bill would provide that
the athletic program would be responsible for paying the insurance
deductible amount applicable to the claim of any student athlete who
suffers an injury resulting from his or her participation in the
athletic program and makes a claim relating to that injury. The bill
would require the athletic program to provide, to a student athlete
who suffers an injury resulting from participation in the athletic
program and requires ongoing medical treatment, either the necessary
medical treatment or health insurance that covers the injury and the
resulting deductible amounts. These provisions would not apply to
preexisting medical conditions that predated the student athlete's
participation in the athletic program.
The bill would require that the institutions of higher education
to which these provisions relating to equivalent scholarships and
insurance coverage apply would rely exclusively on revenue derived
from media rights for intercollegiate athletics to defray any costs
accrued under these provisions.
These provisions would become inoperative on January 1, 2021.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Part 40.3 (commencing with Section 67450) is added to
Division 5 of Title 3 of the Education Code, to read:

PART 40.3. STUDENT ATHLETE BILL OF RIGHTS


CHAPTER 1. PREAMBLE


67450. The Legislature finds and declares all of the following:
(a) Meeting the educational needs of student athletes should be a
priority for intercollegiate athletic programs.
(b) California's institutions of higher education that participate
in Division I and Division II intercollegiate athletics collectively
generate millions of dollars annually in media contracts, and this
revenue would not exist without the efforts of student athletes.
(c) Student athletes generate large revenues for many athletic
programs, spend approximately 40 hours per week participating in
their respective sports, and suffer current and historically low
graduation rates.
(d) Providing adequate health and safety protection for student
athletes can help prevent serious injury and death.
(e) Current and former student athletes can be left to pay for
medical expenses incurred from injuries suffered while participating
in intercollegiate athletics.
(f) Institutions of higher education should provide their student
athletes with the same due process protection afforded to students
who do not participate in athletics.
(g) Athletic programs in this state are subject to federal gender
equity requirements under Title IX of the Education Amendments of
1972 (20 U.S.C. Sec. 1681 et seq.).
(h) An institution of higher education should not punish any
student athlete for transferring to another institution of higher
education.
(i) An institution of higher education should not use funds for
purposes of this part that are dedicated for the benefit of the
general student body.
CHAPTER 2. GENERAL PROVISIONS


67451. For purposes of this part:
(a) "Athletic association" means any organization that is
responsible for governing intercollegiate athletic programs.
(b) "Athletic program" means an intercollegiate athletic program
at any institution of higher education within the meaning of
subdivision (d).
(c) "Graduation success rate" means the percentage of student
athletes who graduate from that institution of higher education
within six years of their initial enrollment, excluding outgoing
transfers in good academic standing with athletic eligibility
remaining, and including incoming transfers. The rate is to be
calculated by combining the rates of the four most recent classes
that are available in the exact manner as the rate is calculated
under National Collegiate Athletic Association rules.
(d) "Institution of higher education" means any campus of the
University of California or the California State University, or any
four-year private university located in California, that maintains an
intercollegiate athletic program.
(e) "Media rights" means the rights to media coverage of
intercollegiate athletics included in contracts that are entered into
by intercollegiate athletic conferences and television networks and
that generate monetary payments to individual institutions of higher
education.
(f) "Student athlete" means any college student who participates
in an intercollegiate athletic program of an institution of higher
education, and includes student athletes who participate in
basketball, football, and other intercollegiate sports.
67452. Commencing with the 2013-14 academic year, an athletic
program shall comply with all of the following:
(a) (1) If an athletic program does not renew an athletic
scholarship of a student athlete who suffers an incapacitating injury
or illness resulting from his or her participation in the athletic
program, and the institution of higher education's medical staff
determines that he or she is medically ineligible to participate in
intercollegiate athletics, the institution of higher education shall
provide an equivalent scholarship that, combined with the total
duration of any previous athletic scholarship or scholarships
received by the student athlete, will be provided for a total of up
to five academic years or until the student athlete completes his or
her undergraduate degree, whichever period is shorter. Additional
years may be provided at the discretion of the institution of higher
education.
(2) If a student athlete takes a temporary leave of absence from
an institution of higher education, the duration of that leave of
absence shall not count against the five-year limit on eligibility
for an equivalent scholarship imposed by paragraph (1).
(3) An athletic program shall provide an equivalent scholarship to
a student athlete who was on an athletic scholarship and is in good
standing, but has exhausted his or her athletic eligibility, for up
to one year or until the student athlete completes his or her primary
undergraduate degree, whichever is shorter, except that an athletic
program with a graduation success rate that is above 60 percent,
disaggregated by team, shall not be subject to the requirements of
this paragraph.
(4) A student athlete whose athletic scholarship is not renewed
for cause by an athletic program shall receive no benefits under this
part, but may appeal this decision within the institution of higher
education attended by the student or within the athletic conference
or association of which that institution of higher education is a
member, as appropriate.
(b) Each athletic program shall conduct a financial and life
skills workshop for all of its first-year and third-year student
athletes at the beginning of the academic year. This workshop shall
include, but not be limited to, information concerning financial aid,
debt management, and a recommended budget for full- and
partial-scholarship student athletes living on or off campus during
the academic year and the summer term based on the current academic
year's cost of attendance. The workshop shall also include
information on time management skills necessary for success as a
student athlete, and academic resources available on campus.
(c) An institution of higher education shall grant a student
athlete the same rights as other students with regard to any and all
matters related to possible adverse or disciplinary actions,
including, but not necessarily limited to, actions involving
athletically related financial aid.
(d) An athletic program shall respond within seven business days
with an answer to a student athlete's written request to transfer to
another institution of higher education.
(e) An institution of higher education that receives, as an
average, less than ten million dollars ($10,000,000) in annual income
derived from media rights for intercollegiate athletics shall not be
subject to the requirements of this section.
(f) An institution of higher education to which this section
applies shall rely exclusively on revenue derived from media rights
for intercollegiate athletics to defray any costs accrued under this
section.
67453. (a) (1) Unless a student athlete declines the payment of
premiums, an athletic program shall be responsible for paying the
premiums of each of its student athletes whose household has an
income and asset level that does not exceed the level for Cal Grant A
recipients set forth in Section 69432.7 for insurance covering
claims resulting from their participation in the athletic program.
(2) An athletic program shall be responsible for paying the
insurance deductible amount applicable to the claim of any student
athlete who suffers an injury resulting from his or her participation
in the athletic program and makes a claim relating to that injury.
(3) If a student athlete suffers an injury resulting from his or
her participation in the athletic program that requires ongoing
medical treatment, the athletic program shall provide, for a minimum
of two years following the student athlete's graduation or separation
from the institution of higher education, one of the following:
(A) The necessary medical treatment.
(B) Health insurance that covers the injury and the resulting
deductible amounts.
(4) This subdivision shall not apply to preexisting medical
conditions that predate the student athlete's participation in the
athletic program.
(b) An athletic program shall adopt and implement guidelines to
prevent, assess, and treat sports-related concussions and
dehydration. In addition, an athletic program shall adopt and
implement exercise and supervision guidelines for any student athlete
identified with potentially life-threatening health conditions who
participates in an athletic program.
(c) An institution of higher education that receives, as an
average, less than ten million dollars ($10,000,000) in annual income
derived from media rights for intercollegiate athletics shall not be
subject to the requirements of this section.
(d) An institution of higher education to which this section
applies shall rely exclusively on revenue derived from media rights
for intercollegiate athletics to defray any costs accrued under this
section.
67454. This part shall become inoperative on January 1, 2021.