BILL NUMBER: AB 322	CHAPTERED  09/29/05

	CHAPTER  386
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2005
	PASSED THE ASSEMBLY  AUGUST 29, 2005
	PASSED THE SENATE  AUGUST 22, 2005
	AMENDED IN SENATE  JUNE 27, 2005
	AMENDED IN ASSEMBLY  MARCH 29, 2005

INTRODUCED BY   Assembly Member Oropeza
   (Coauthors: Senators Alquist and Romero)

                        FEBRUARY 10, 2005

   An act to add Article 10 (commencing with Section 270) to Chapter
2 of Part 1 of the Education Code, relating to education equity.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 322, Oropeza   Athletes' Bill of Rights.
   Existing law, the Sex Equity in Education Act, states the policy
of the state that elementary and secondary school classes and
courses, including nonacademic and elective classes and courses, be
conducted without regard to the sex of the pupil enrolled in these
classes or courses. Existing federal law, known as Title IX,
prohibits a person, on the basis of sex, from being excluded from
participation in, being denied the benefits of, or being subject to,
discrimination under any education program or activity receiving
federal financial assistance.
   This bill would enact the Athletes' Bill of Rights and would
enumerate the rights available to a pupil relating to gender equity
in athletics. The bill would require the State Department of
Education, by July 1, 2006, to post these rights on its Web site.


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


  SECTION 1.  (a) The Legislature finds and declares both of the
following:
   (1) Thirty years after the adoption of Title IX of the Education
Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), there is still
serious need for improvement in gender equity in athletics. Because
of the lack of training at the high school level there is a prevalent
and severe lack of Title IX awareness making it difficult for
California to achieve full gender equity in athletics.
   (2) Reports have indicated that at the community college and
university levels athletic administrators and coaches have more
awareness of Title IX compliance issues than at the high school
level. Some of this awareness is the result of discrimination
complaints or lawsuits that have forced colleges and universities to
make changes in the number of athletic teams offered, to expend funds
to improve facilities, or to make other changes that improve equity
in athletics for women and men. However, even though the overall
picture has improved, there are still several areas of inequity that
need to be addressed.
   (b) The Athletes' Bill of Rights set forth in this act aims to
educate high school pupils and parents of their Title IX rights.
  SEC. 2.  Article 10 (commencing with Section 270) is added to
Chapter 2 of Part 1 of the Education Code, to read:

      Article 10.  Athletes' Bill of Rights

   270.  By July 1, 2006, the department shall post on its Web site,
in both English and Spanish and at a reading level that may be
comprehended by pupils in high school, the information set forth in
the federal regulations implementing Title IX of the Education
Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
   271.  The following list of rights, which are based on the
relevant provisions of the federal regulations implementing Title IX
of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.),
may be used by the department for purposes of Section 270:
   (a) You have the right to fair and equitable treatment and you
shall not be discriminated against based on your sex.
   (b) You have the right to be provided with an equitable
opportunity to participate in all academic extracurricular
activities, including athletics.
   (c) You have the right to inquire of the athletic director of your
school as to the athletic opportunities offered by the school.
   (d) You have the right to apply for athletic scholarships.
   (e) You have the right to receive equitable treatment and benefits
in the provision of all of the following:
   (1) Equipment and supplies.
   (2) Scheduling of games and practices.
   (3) Transportation and daily allowances.
   (4) Access to tutoring.
   (5) Coaching.
   (6) Locker rooms.
   (7) Practice and competitive facilities.
   (8) Medical and training facilities and services.
   (9) Publicity.
   (f) You have the right to have access to a gender equity
coordinator to answer questions regarding gender equity laws.
   (g) You have the right to contact the State Department of
Education and the California Interscholastic Federation to access
information on gender equity laws.
   (h) You have the right to file a confidential discrimination
complaint with the United States Office of Civil Rights or the State
Department of Education if you believe you have been discriminated
against or if you believe you have received unequal treatment on the
basis of your sex.
   (i) You have the right to pursue civil remedies if you have been
discriminated against.
   (j) You have the right to be protected against retaliation if you
file a discrimination complaint.