BILL NUMBER: AB 266	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 7, 2011

   An act  to amend Section 221.5 of the Education Code, 
relating to  state government   pupil rights
 .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 266, as amended, Ammiano.  State government: sports
authority.   Pupil rights: sex-segregated school
programs: gender identity.  
   Existing law prohibits public schools from discriminating on the
basis of specified characteristics, including gender, gender
identity, and gender expression, and specifies various statements of
legislative intent and the policies of the state in that regard.
Existing law requires that participation in a particular physical
education activity or sport, if required of pupils of one sex, be
available to pupils of each sex.  
   This bill would require that a pupil be permitted to participate
in sex-segregated school programs, activities, and facilities,
including athletic teams and competitions, consistent with his or her
gender identity, irrespective of the gender listed on the pupil's
records.  
   Existing law exempts from the requirements of the California
Environmental Quality Act and specified local planning requirements
the development, planning, design, site acquisition, subdivision,
financing, leasing, construction, operation, or maintenance of a
specified stadium complex and associated development, and
infrastructure improvements associated with that stadium complex and
associated development.  
   This bill would set forth the findings and declarations of the
Legislature with respect to obtaining and retaining professional
sports teams within the state, and state the intent of the
Legislature to enact legislation that will create a Statewide Sports
Authority for the purposes of eliminating intrastate conflicts in the
procurement of sports teams, coordinating efforts to procure and
retain professional sports teams within the state, and helping to
finance sports arenas within the state. 
   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 221.5 of the  
Education Code   is amended to read: 
   221.5.  (a) It is 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 and courses.
   (b) A school district may not prohibit a pupil from enrolling in
any class or course on the basis of the sex of the pupil, except a
class subject to Chapter 5.6 (commencing with Section 51930) of Part
28.
   (c) A school district may not require a pupil of one sex to enroll
in a particular class or course, unless the same class or course is
also required of a pupil of the opposite sex.
   (d) A school counselor, teacher, instructor, administrator, or
aide may not, on the basis of the sex of a pupil, offer vocational or
school program guidance to a pupil of one sex that is different from
that offered to a pupil of the opposite sex or, in counseling a
pupil, differentiate career, vocational, or higher education
opportunities on the basis of the sex of the pupil counseled. Any
school personnel acting in a career counseling or course selection
capacity to a pupil shall affirmatively explore with the pupil the
possibility of careers, or courses leading to careers, that are
nontraditional for that pupil's sex. The parents or legal guardian of
the pupil shall be notified in a general manner at least once in the
manner prescribed by Section 48980, in advance of career counseling
and course selection commencing with course selection for grade 7 so
that they may participate in the counseling sessions and decisions.
   (e) Participation in a particular physical education activity or
sport, if required of pupils of one sex, shall be available to pupils
of each sex. 
   (f) A pupil shall be permitted to participate in sex-segregated
school programs, activities, and facilities, including athletic teams
and competitions, consistent with his or her gender identity,
irrespective of the gender listed on the pupil's records. 

  SECTION 1.    (a) The Legislature finds and
declares all of the following:
   (1) California is home to five Major League Baseball teams, three
National Football League teams, and numerous other professional
sports teams, including soccer and hockey teams.
   (2) The hosting of professional sports teams and large-scale
sports events brings in millions of dollars to local economies each
year, and California is in competition with the rest of the nation to
secure and keep professional sports teams, many of which have become
part of the state's identity.
   (3) Currently, California has several local sports authorities,
which sometimes work in competition with each other, and this creates
the possibility of the state losing out to other states for sports
arenas and team locations.
   (b) It is the intent of the Legislature to enact legislation that
will create a Statewide Sports Authority for the purposes of
eliminating intrastate conflicts in the procurement of sports teams,
coordinating efforts to procure and retain professional sports teams
within the state, and helping to finance sports arenas within the
state.