BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 949|
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THIRD READING
Bill No: AB 949
Author: Gonzalez (D), et al.
Amended: 5/6/15 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 7/1/15
AYES: Liu, Runner, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Block, Hancock
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-1, 6/1/15 - See last page for vote
SUBJECT: Physical education: competition cheer
SOURCE: Author
DIGEST: This bill requires the California Interscholastic
Federation to develop guidelines, procedures, and safety
standards to classify competition cheer as an interscholastic
sport.
ANALYSIS: Existing federal law, Title IX, requires local
educational agencies to ensure that male and female students are
provided equal opportunities to participate in interscholastic
athletics programs consistent with Title IX (United States Code,
Title 20 § 1681 et seq. and Code of Federal Regulations, Title
34, Part 106)
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Existing state law:
1)Provides that the California Interscholastic Federation (CIF)
is a voluntary organization consisting of school and
school-related personnel with responsibility for administering
interscholastic athletic activities in secondary schools.
(Education Code § 33353)
2)Requires the California Department of Education (CDE) to have
the following authority over interscholastic athletics:
a) The CDE may state that the policies of school districts
and the CIF are in compliance with both state and federal
law.
b) The CDE may require school districts or the CIF to
adjust policies to be in compliance, but the CDE does not
have the authority to determine the specific policy that a
school district must adopt in order to comply with state or
federal law.
c) The CDE is authorized to begin legal proceedings if a
school district or the CIF does not change its policy.
This bill requires the CIF to develop guidelines, procedures,
and safety standards to classify competition cheer as an
interscholastic sport. Specifically, this bill:
1)Requires the CIF, in consultation with the CDE, to develop
guidelines, procedures, and safety standards for the purpose
of classifying competition cheer as an interscholastic sport
that is consistent with the United States Department of
Education Office for Civil Rights' (OCR) definition of a
sport.
2)Requires the CIF to develop the guidelines, procedures and safety
standards by July 1, 2017.
3)Requires the CIF to seek an OCR Title IX compliance designation
for competition cheer.
4)Prohibits competition cheer from counting towards a school's
Title IX compliance unless the OCR deems competition cheer
compliant with its definition of a sport.
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5)Defines "competition cheer" as a sport in which teams participate
in direct, head-to-head competition with one another using an
objective scoring system.
Comments
What is a "sport" under Title IX? In September 2008, the OCR
issued a Dear Colleague Letter: Athletic Activities Counted for
Title IX Compliance document, "to provide State educational
agencies, local educational agencies, and postsecondary
institutions with information to ensure that male and female
students are provided equal opportunities to participate in
intercollegiate and interscholastic athletics programs
consistent with Title IX of the Education Amendments of 1972, 20
U.S.C §§ 1681 et seq., and its implementing regulations (34
C.F.R. Part 106). Specifically, this letter provides clarifying
information to help institutions determine which intercollegiate
or interscholastic athletic activities can be counted for the
purpose of Title IX compliance; it does not represent a change
in OCR's policy under Title IX."
[http://www2.ed.gov/about/offices/list/ocr/letters/colleague-2008
0917.html]
The letter outlined several factors to consider on a
case-by-case evaluation of whether an activity can be counted as
an intercollegiate or interscholastic sport for the purpose of
Title IX compliance. OCR will consider factors including:
1)Program structure and administration.
2)Team preparation and competition.
3)Practice opportunities.
4)Competitive opportunities.
According to the federal OCR:
It is OCR's policy to encourage compliance with the Title
IX athletics regulations in a flexible manner that
expands, rather than limits, student athletic
opportunities. By disseminating this list of factors, OCR
intends to provide institutions with information to
include new sports in their athletics programs, such as
those athletic activities not yet recognized by governing
athletics organizations and those featured at the Olympic
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games, if they so choose. Expanding interscholastic and
intercollegiate competitive athletic opportunities
through new sports can benefit students by creating and
stimulating student interest in athletics, taking
advantage of athletic opportunities specific to a
particular competitive region, and providing the
opportunity for access to a wide array of competitive
athletic activities.
CIF sports vs non-CIF sports. With the creation of competition
cheer as a new interscholastic sport, participants in the sport
will be governed by rules adopted by CIF, competition cheer
coaches will be required to complete the same training as all
other interscholastic coaches, and participants will be eligible
for an exemption from physical education courses, like all other
interscholastic sport participants.
Slippery slope? Statutes do not currently address specific
sports or direct CIF to do anything other than report to the
Legislature and Governor on its evaluation and accountability
activities, by January 1, 2016. Does requiring CIF, through
statute, to essentially designate competition cheer, and only
competition cheer, as a sport set a precedent for adding one
sport at a time?
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified7/14/15)
American Academy of Pediatrics
California Athletic Trainers Association
California Interscholastic Federation
California Medical Association
California Physical Therapy Association
California School Boards Association
Safe Kids San Diego
OPPOSITION: (Verified7/14/15)
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Fair Play for Girls
ARGUMENTS IN SUPPORT: According to the California Physical
Therapy Association, this bill makes competitive cheer a sport
and provides California students with much needed safety
resources and regulations. Cheerleading injuries account for
65% of all major injuries in girl's high school athletics
according to the national Center for Catastrophic Sport Injury
Research. Recognizing competitive cheerleading as a sport
provides cheerleaders and cheerleading coaches with resources
that CIF sanctioned sports receive. Having CIF standards
ensures a certain level of coaching competency and skill, and
provides California students the safety standards that are given
to CIF sanctioned sports.
ARGUMENTS IN OPPOSITION: According to Fair Play for Girls,
"although the initial impetus for the bill was to make
cheerleading safer, we believe that simply designating
cheerleading as a 'sport' does not achieve that goal. Moreover,
we have serious Title IX concerns that have not been addressed;
we believe this bill will result in schools counting
cheerleaders as athletic participants for Title IX purposes
without affording female students the structure and benefits of
full-fledged sports."
ASSEMBLY FLOOR: 77-1, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NOES: Harper
NO VOTE RECORDED: Irwin, Mayes
Prepared by:Lynn Lorber / ED. / (916) 651-4105
AB 949
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7/14/15 18:34:07
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