BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1349| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1349 Author: Jackson (D), et al. Amended: 5/27/14 Vote: 21 SENATE EDUCATION COMMITTEE : 7-1, 4/2/14 AYES: Liu, Wyland, Correa, Galgiani, Hancock, Hueso, Monning NOES: Huff NO VOTE RECORDED: Block SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14 AYES: De León, Hill, Lara, Padilla, Steinberg NOES: Walters, Gaines SUBJECT : Report on competitive athletics SOURCE : Author DIGEST : This bill requires public schools to make publically available specific information regarding pupil participation in competitive athletics, beginning with the 2015-16 school year and annually thereafter. This bill also requires the Bureau of State Audits (BSA) to conduct Title IX of the Education Amendments of 1972 (Title IX) compliance audits, as specified. This bill also makes legislative findings and declarations relative to gender equity in athletics. ANALYSIS : Existing federal law provides that, in part, "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be CONTINUED SB 1349 Page 2 subjected to discrimination under any educational program of activity receiving Federal financial assistance." In order to be in compliance with federal Title IX, a school must show compliance with one of these three parts. The federal tests are: 1.Athletic participation of women and girls is proportionate to enrollment. 2.The school has a history and continuing practice of program expansion for women or girls. 3.The school is fully meeting female athletes' interests and abilities in its present athletic program. (Title IX to the 1964 Civil Rights Act) Enforcement of compliance is initiated upon the filing of a complaint alleging a violation of federal Title IX. Existing state law establishes standards virtually identical to those of federal Title IX, with one modification: in Test 2, "history" is defined to mean the past two years. Title IX applies to all aspects of educational opportunities, not just athletics. This bill requires public schools to make publically available, specific information regarding participation in competitive athletics, beginning with the 2015-16 school year and annually thereafter. Specifically, this bill: 1.Requires, beginning with the 2015-16 school year, each public school with students who participate in competitive athletics to publically available at the end of the school year, all of the following information: A. The total enrollment of the school, classified by gender. B. The number of students who participate in competitive athletics, classified by gender. C. The number of boys' and girls' teams, classified by sport and by competition level. CONTINUED SB 1349 Page 3 2.Requires schools to post the data on their respective Internet Web site and requires the data to be retained at the school for at least three years after the data is posted on the district's Web site. 3.Requires, beginning July 1, 2019 and every three years thereafter, the BSA to choose 10 high schools that offer competitive athletics and conduct an audit of each school for full compliance with federal Title IX. 4.Requires the BSA, within six months of the July 1 initiation of an audit, report the results of the audit to the affected schools, their school districts, the California Department of Education, the Education, the Governor, and Judiciary Committees of both the Senate and Assembly. Sunsets this reporting requirement on January 1, 2024. 5.Defines "competitive athletics" as sports where the activity has coaches, practices, competitions during a defined season, a governing organization, and has competition as its primary goal. 6.States legislative findings and declarations relative to gender equity in athletics. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: Reporting and posting: Minor and absorbable costs for individual schools to report athletics program information to their respective Internet Web site. SUPPORT : (Verified 5/27/14) American Association of University Women Employment Law Center-Legal Aid Society Equal Rights Advocates PQ:d:k:d 5/27/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE CONTINUED SB 1349 Page 4 **** END **** CONTINUED