BILL NUMBER: AB 685	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN ASSEMBLY  APRIL 22, 2009

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 26, 2009

   An act to add 17070.54 to the Education Code, relating to school
facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 685, as amended, Davis. School facilities: athletics:
compliance with Title IX.
   Existing law, known as the Leroy Greene School Facilities Act of
1998, requires the State Allocation Board to allocate to applicant
school districts state funding for the construction and modernization
of school facilities, provided that the school districts demonstrate
eligibility for this funding by complying with various requirements.
The State Department of Education has specified responsibilities in
the process of determining whether a project proposed for funding
complies with pertinent requirements.
   Existing federal law generally prohibits any person from being
excluded from participation in, denied the benefits of, or subjected
to discrimination under, any education program or activity receiving
federal financial assistance.
   This bill, with respect to athletics-related facilities only, 
as   defined,  would require the  School
Facilities Planning Division of the  State Department of
Education to include, as part of its review of an application for new
construction plan approval, a determination of whether the proposed
project would  comply with the provision of federal law
described above   provide the opportunity for gender
equitable access to athletic facilities or provide equity in the size
and quality of areas to be used exclusively by either boys or girls.
The bill would require the State Department of Education to convene
a working group to develop guidelines and procedures for the
implementation of the bill. The bill would require the department to
submit a report including the guidelines and procedures developed for
  implementing the bill, and including any additional
pertinent recommendations, to the chairpersons of the Assembly and
Senate committees on education no later than December 31, 2010 
.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 17070.54 is added to the Education Code, to
read:
   17070.54.   (a)     (1)   
With respect to athletics-related facilities only,  the
School Facilities Planning Division of  the State Department
of Education shall include, as part of its review of an application
for new construction plan approval, a determination of whether the
proposed project  would comply with Title IX of the Education
Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).  
design would accomplish either or both of the following:  
   (A) Provide the opportunity for gender equitable access to
athletic facilities.  
   (B) Provide equity in the size and quality of areas to be used
exclusively by either boys or girls, including, but not necessarily
limited to, locker rooms, playing and practice facilities, or medical
and training service areas.  
   (2) As used in this section, "athletics-related facilities"
include, but are not necessarily limited to, gymnasia, playing
fields, and hardcourts proposed to be used for interscholastic sports
sanctioned by the California Interscholastic Federation or for other
extracurricular athletic events.  
   (b) (1) The State Department of Education shall convene a working
group to develop guidelines and procedures for implementation of
subdivision (a) in a manner that is consistent with Sections 230 and
66271.6 and to make any recommendations for changes that are
necessary for the implementation of subdivision (a). The State
Department of Education shall submit a report including the
guidelines and procedures developed for implementing subdivision (a),
and including any additional pertinent recommendations, to the
chairpersons of the Assembly and Senate committees on education no
later than December 31, 2010.  
   (2) The Superintendent shall select the membership of the working
group convened pursuant to this subdivision. This working group shall
include one representative from each of the following:  
   (A) The School Facilities Planning Division of the State
Department of Education.  
   (B) The Office of Equal Opportunity of the State Department of
Education. 
   (C) The California Interscholastic Federation.  
   (D) The Civil Rights Enforcement Section of the State Department
of Justice.  
   (E) A large urban school district.  
   (F) A rural school district. 
   (G) A suburban school district.