California Legislature—2015–16 Regular Session

Assembly BillNo. 1538


Introduced by Committee on Arts, Entertainment, Sports, Tourism, and Internet Media (Assembly Members Calderon (Chair), Obernolte (Vice Chair), Chu, Levine, Medina, and Nazarian)

March 26, 2015


An act to amend and renumber Sections 270 and 271 of, and to repeal the heading of Article 10 (commencing with Section 270) of Chapter 2 of Part 1 of Division 1 of Title 1 of, the Education Code, relating to educational equity.

LEGISLATIVE COUNSEL’S DIGEST

AB 1538, as introduced, Committee on Arts, Entertainment, Sports, Tourism, and Internet Media. Educational equity: sex equity in education: federal Title IX.

Existing law, the Sex Equity in Education Act, states 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 or courses. Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to, discrimination under any education program or activity receiving federal financial assistance.

An article of existing law, entitled “Athletes’ Bill of Rights,” requires the State Department of Education to post on its Internet Web site, in both English and Spanish and at a reading level that may be comprehended by pupils in high school, the information set forth in the federal regulations implementing Title IX. This existing article also enumerates the rights available to a pupil relating to gender equity in athletics.

This bill would move this language from the article entitled “Athletes’ Bill of Rights” to the Sex Equity in Education Act, and make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The heading of Article 10 (commencing with
2Section 270) of Chapter 2 of Part 1 of Division 1 of Title 1 of the 3Education Code is repealed.

begin delete

4 

5Article 10.  Athletes’ Bill of Rights
6

 

end delete
begin delete7

SEC. 2.  

Section 270 of the Education Code is amended and
8renumbered to read:

9

270.  

By

end delete
10

SEC. 2.  

Section 270 of the Education Code, as added by Section
112 of Chapter 386 of the Statutes of 2005, is amended and
12renumbered to read:

13begin insert

begin insert221.6.end insert  

end insert

begin insertTitle IX: by end insertJuly 1, 2006, the department shall post on
14its Web site, in both English and Spanish and at a reading level
15that may be comprehended by pupils in high school, the
16information set forth in the federal regulations implementing Title
17IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681
18et seq.).

19

SEC. 3.  

Section 271 of the Education Code is amended and
20renumbered to read:

21

begin delete271.end delete
22begin insert221.8.end insert  

The following list of rights, which are based on the
23relevant provisions of the federal regulations implementing Title
24IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681
25et seq.), may be used by the department for purposes of Section
26begin delete 270:end deletebegin insert 221.6:end insert

27(a) You have the right to fair and equitable treatment and you
28shall not be discriminated against based on your sex.

P3    1(b) You have the right to be provided with an equitable
2opportunity to participate in all academic extracurricular activities,
3including athletics.

4(c) You have the right to inquire of the athletic director of your
5school as to the athletic opportunities offered by the school.

6(d) You have the right to apply for athletic scholarships.

7(e) You have the right to receive equitable treatment and benefits
8in the provision of all of the following:

9(1) Equipment and supplies.

10(2) Scheduling of games and practices.

11(3) Transportation and daily allowances.

12(4) Access to tutoring.

13(5) Coaching.

14(6) Locker rooms.

15(7) Practice and competitive facilities.

16(8) Medical and training facilities and services.

17(9) Publicity.

18(f) You have the right to have access to a gender equity
19coordinator to answer questions regarding gender equity laws.

20(g) You have the right to contact the State Department of
21Education and the California Interscholastic Federation to access
22information on gender equity laws.

23(h) You have the right to file a confidential discrimination
24complaint with the United States Office of Civil Rights or the State
25Department of Education if you believe you have been
26discriminated against or if you believe you have received unequal
27treatment on the basis of your sex.

28(i) You have the right to pursue civil remedies if you have been
29discriminated against.

30(j) You have the right to be protected against retaliation if you
31file a discrimination complaint.



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