In addition to the other fees provided in this article, each governing board has the authority to impose, collect and expend the proceeds of a special equity fee under the following conditions:
(a) The fee shall be used solely for the purpose of complying with the athletic provisions of 20 U.S.C. 1681, et seq., known as Title IX of the Education Amendment of 1972;
(b) The fee is exempt from limitations on fee increases set forth in this article for three years from the effective date of this section;
(c) The fee may not be used by an institution to advance its classification of participation in its athletics governing body; and
(d) The fee may not be imposed upon part-time students or students enrolled in an administratively linked community and technical college.