BILL NUMBER: SB 777 INTRODUCED BILL TEXT INTRODUCED BY Senator Kuehl FEBRUARY 23, 2007 An act to amend Sections 200, 220, 235, 260, 51500, 51501, 60044, 66250, 66251, and 66270 of, to amend and renumber Sections 210.1 and 220.5, to add Sections 210.1, 210.7, 212.1, 212.3, 212.6, 219, 66260.5, 66260.7, 66261.5, 66261.7, 66262.7, and 66269 to, and to repeal and add Sections 212 and 66262 of, the Education Code, relating to education. LEGISLATIVE COUNSEL'S DIGEST SB 777, as introduced, Kuehl. Discrimination. Existing law states that it is the policy of the state to afford equal rights and opportunities to all persons in the public or private elementary and secondary schools and postsecondary educational institutions of the state regardless of their sex, ethnic group identification, race, national origin, religion, or mental or physical disability and prohibits a person from being subjected to discrimination on those bases. Existing law prohibits a teacher from giving instruction, and a school district from sponsoring any activity, that reflects adversely upon persons because of their race, sex, color, creed, handicap, national origin, or ancestry. Existing law prohibits the State Board of Education and the governing board of a school district from adopting for use in the public schools any instructional materials that reflect adversely upon persons because of their race, sex, color, creed, handicap, national origin, or ancestry. This bill would revise the list of prohibited bases of discrimination and the kinds of prohibited instruction, activities, and instructional materials and instead, would refer to disability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic contained in the definition of hate crimes that is contained in the Penal Code. The bill would define disability, gender, nationality, race or ethnicity, religion, and sexual orientation for this purpose. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 200 of the Education Code is amended to read: 200. It is the policy of the State of California to afford all persons in public schools, regardless of theirsex, ethnic group identification, race, national origin, religion, mental or physical disability, or regardless of any actual or perceiveddisability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, equal rights and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts which are contrary to that policy and to provide remedies therefor. SEC. 2. Section 210.1 is added to the Education Code, to read: 210.1. "Disability" includes mental and physical disability. SEC. 3. Section 210.1 of the Education Code is amended and renumbered to read:210.1.210.3. "Educational institution" means a public or private preschool, elementary, or secondary school or institution; the governing board of a school district; or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools. SEC. 4. Section 210.7 is added to the Education Code, to read: 210.7. "Gender" means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. SEC. 5. Section 212 of the Education Code is repealed.212. "Sex" means the biological condition or quality of being a male or female human being.SEC. 6. Section 212 is added to the Education Code, to read: 212. "Nationality" includes citizenship, country of origin, and national origin. SEC. 7. Section 212.1 is added to the Education Code, to read: 212.1. "Race or ethnicity" includes ancestry, color, and ethnic background. SEC. 8. Section 212.3 is added to the Education Code, to read: 212.3. "Religion" includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. SEC. 9. Section 212.6 is added to the Education Code, to read: 212.6. "Sexual orientation" means heterosexuality, homosexuality, or bisexuality. SEC. 10. Section 219 is added to the Education Code, to read: 219. Disability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. SEC. 11. Section 220 of the Education Code is amended to read: 220. No person shall be subjected to discrimination on the basis ofsex, ethnic group identification, race, national origin, religion, color, mental or physical disability, or any actual or perceiveddisability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid. SEC. 12. Section 220.5 of the Education Code is amended and renumbered to read:220.5.221. This article shall not apply to an educational institutionwhichthat is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization. SEC. 13. Section 235 of the Education Code is amended to read: 235. There shall be noracial, sex, or ethnicdiscrimination on the basis of the characteristics listed in Section 220 in any aspect of the operation of alternative schools, charter schools, or the Demonstration Scholarship Programor charter schools . SEC. 14. Section 260 of the Education Code is amended to read: 260. The governing board of a school district shall have the primary responsibility for ensuring that school district programs and activities are free from discrimination based onethnic group identification, religion, age, sex, color, or physical or mental disability,the characteristics listed in Section 220 and for monitoring compliance with any and all rules and regulations promulgated pursuant to Section 11138 of the Government Code. SEC. 15. Section 51500 of the Education Code is amended to read: 51500. No teacher shall give instruction nor shall a school district sponsor any activitywhichthat reflects adversely upon persons because oftheir race, sex, color, creed, handicap, national origin, or ancestrya characteristic listed in Section 220 . SEC. 16. Section 51501 of the Education Code is amended to read: 51501. No textbook, or other instructional materials shall be adopted by thestate boardState Board or by any governing board for use in the public schoolswhichthat contains any matter reflecting adversely upon persons because oftheir race, sex, color, creed, handicap, national origin, or ancestrya characteristic listed in Section 220 . SEC. 17. Section 60044 of the Education Code is amended to read: 60044. No instructional materials shall be adopted by any governing board for use in the schoolswhichthat , in its determination, contains: (a) Any matter reflecting adversely upon persons because oftheir race, color, creed, national origin, ancestry, sex, handicap, or occupationa characteristic listed in Section 220 . (b) Any sectarian or denominational doctrine or propaganda contrary to law. SEC. 18. Section 66250 of the Education Code is amended to read: 66250. This chapter shall be known, and may be cited, as theSexEquity in Higher Education Act. SEC. 19. Section 66251 of the Education Code is amended to read: 66251. It is the policy of the State of California to afford all persons, regardless oftheir sex, ethnic group identification, race, national origin, religion, mental or physical disability, or regardless ofdisability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other any basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, equal rights and opportunities in the postsecondary institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor. SEC. 20. Section 66260.5 is added to the Education Code, to read: 66260.5. "Disability" includes mental and physical disability. SEC. 21. Section 66260.7 is added to the Education Code, to read: 66260.7. "Gender" means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. SEC. 22. Section 66261.5 is added to the Education Code, to read: 66261.5. "Nationality" includes citizenship, country of origin, and national origin. SEC. 23. Section 66261.7 is added to the Education Code, to read: 66261.7. "Race or ethnicity" includes ancestry, color, and ethnic background. SEC. 24. Section 66262 of the Education Code is repealed.66262. "Sex" has the same meaning as defined in Section 212.SEC. 25. Section 66262 is added to the Education Code, to read: 66262. "Religion" includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. SEC. 26. Section 66262.7 is added to the Education Code, to read: 66262.7. "Sexual orientation" means heterosexuality, homosexuality, or bisexuality. SEC. 27. Section 66269 is added to the Education Code, to read: 66269. Disability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. SEC. 28. Section 66270 of the Education Code is amended to read: 66270. No person shall be subjected to discrimination on the basis ofsex, ethnic group identification, race, national origin, religion, color, or mental or physical disability, or any basisdisability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code in any program or activity conducted by any postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.