BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                       SB 1349|
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                                    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  
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          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.

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          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

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