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 their  sex, ethnic
group identification, race, national origin, religion, mental or
physical disability, or regardless of any actual or perceived
  disability, 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
of  sex, ethnic group identification, race, national origin,
religion, color, mental or physical disability, or any actual or
perceived   disability, 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 institution  which  
that  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 no  racial, sex, or ethnic 
discrimination  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
Program   or 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 on  ethnic
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 activity  which   that
 reflects adversely upon persons because of  their race,
sex, color, creed, handicap, national origin, or ancestry 
 a 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 the  state board   State Board 
or by any governing board for use in the public schools 
which   that  contains any matter reflecting
adversely upon persons because of  their race, sex, color,
creed, handicap, national origin, or ancestry   a
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 schools  which  
that  , in its determination, contains:
   (a) Any matter reflecting adversely upon persons because of
 their race, color, creed, national origin, ancestry, sex,
handicap, or occupation   a 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 the
 Sex  Equity 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 of  their sex, ethnic group
identification, race, national origin, religion, mental or physical
disability, or regardless of   disability, 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 of  sex, ethnic group identification, race, national
origin, religion, color, or mental or physical disability, or any
basis   disability, 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.