20 U.S.C. § 1092; 34 C.F.R. §§ 668.41 and 668.47; 60 Fed. Reg. 61,424 (Nov. 29, 1995), 64 Fed. Reg. 43,581 (Aug. 10, 1999), and 64 Fed. Reg. 59,060 (Nov. 1, 1999)
This law applies to a coeducational institution of higher education that:
- Participates in any title IV, HEA program
- Has an intercollegiate athletic program
Reporting and Information Dissemination Requirements
Make Report Available:
An institution subject to this law must, no later than Oct. 15th of each year, make available on request to enrolled students, prospective students, and the public, the report required to be produced under this law. The report must be made easily accessible to students, prospective students, and the public, and provide the report promptly to anyone who requests it. The regulations indicated that charging a copying fee to students, potential students, parents or coaches would violate the intent of the statute. However, the general public may be charged a fee to cover copying expenses.
Give notice of the report's availability:
The institution must provide notice (notification of the availability of the information provided to an individual on a one-to-one basis through an appropriate mailing or publication, including U.S. Post, Campus mail, or e-mail) to all enrolled students and to prospective students of their right to request the report. The notice must have the electronic address if the report is being made available online, and a description of the report, with the statement that a paper copy is available upon request.
Submit report to the Secretary of Education:
Within 15 days of making the report available to students, prospective students, and the public(at the latest Oct. 30th of each year), the school must submit the report to the Secretary of Education. This is done online at http://surveys.ope.ed.gov/athletics/.
The regulations clarify that cheerleading may not be considered a sport.