SECTION 1.  Notwithstanding any special or general law to the contrary, beginning with the 2009-2010 academic year, each school district in the commonwealth shall file annually not later than January 1 for approval a sports resource summary for public school athletics with the department of elementary and secondary education.  The department shall consider the following in determining whether to approve each plan: (a) the percentage of the budget that each district spends on athletics; (b) the condition of athletic facilities; (c) the number of programs offered; (d) the percentage of the student population participating in school athletic programs; and (e) gender equality in athletic programs.  In considering the percentage of the budget that each district allocates to athletics, the department shall take into account any private fundraising activities that generate funds for scholastic athletics, any fees assessed to student-athletes, and utilization of existing school administration personnel.  If the department determines that the sports resource summary is deficient, the department may request from any district a more detailed sports management improvement plan or additional information relating to a specific factor evaluated by the department in making its assessment.  The department shall promulgate rules, regulations and other written guidance as needed to carry out the provisions of this Act.   The indicators presented by each school district to the department shall demarcate both elementary and secondary programs.