BILL ANALYSIS Ó
AB 1538
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Ian Charles Calderon, Chair
AB 1538
(Committee on Arts, Entertainment, Sports, Tourism, and Internet
Media) - As Introduced March 26, 2015
SUBJECT: Educational equity: sex equity in education: federal
Title IX.
SUMMARY: Would move language from the article entitled
"Athletes' Bill of Rights" to the Sex Equity in Education Act,
and make conforming changes, as specified.
EXISTING LAW:
1)Prohibits discrimination based on sex and considers exclusion
from the participation in, or denial of opportunity in
athletic programs as discrimination.
2)Requires the State Department of Education to post on its
Internet website, 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.
EXISTING FEDERAL LAW provides that "No person in the United
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States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity
receiving Federal financial assistance." (Title IX of the
Education Amendments of 1972 to the 1964 Civil Rights Act.)
Title IX applies to all aspects of educational opportunities,
not just athletics.
FISCAL EFFECT: Unknown
COMMENTS:
1)Author and supporters' statement of need for legislation:
strengthens existing law by making it easier to access.
According to the author, "One of the problems with
implementation of existing gender equity laws identified in a
recent Senate Judiciary Informational Hearing into
implementation of Title IX entitled Attaining Equal
Opportunity for Girls in California Secondary Schools: How our
schools are Complying with Title IX is the confusing statutory
framework. Currently, the Education Code has two different
sections that harbor language pertaining to gender equity in
education which are similar in intent and purpose, but are
separated by hundreds of pages in their placement in the
Education Code. To further complicate matters, there is no
cross reference in either section to the other.
Article 4 of the Education Code contains the 'Sex Equity in
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Education Act' which states the express policy of the State of
California against discrimination in educational activities
including sports, on the basis of the sex of the pupil.
However, that provision contains no reference to the federal
law known as Title IX.
"Article 10 of the Education Code holds the 'Athletes' Bill of
Rights' which includes the requirement that the Department of
Education publish the information set forth in federal
regulations implementing Title IX, including classroom and
facilities access in addition to athletes' rights, ensuring
students to "fair and equitable" treatment regardless of
gender. However, this section of the Education Code contains
no reference to the corollary policy and statutory scheme for
gender equity contained in the California Sex Equity in
Education Act."
Supporters such as Equal Rights Advocates, add, "The
piece-meal structure of the existing laws creates additional
steps and confusion when people try to locate language on the
single issue of gender equity in education. AB 1538 solves
this problem by incorporating the explicit language
referencing publication of Title IX implementing regulations
and the Athletes' Bill of Rights from Article 10 into the
similar provisions of the Sex Equity in Education Act in
Article 4 of the Education Code. By merging the two
provisions, it creates one cohesive section making it more
accessible for school personnel, students, and other
individuals wishing to find this information. In addition, the
author points out that AB 1538 was drafted in such a way that
all of the case, statutory and regulatory history of each of
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these important sections of law will remain intact.
2)Title IX compliance remains an unmet challenge.
According to the White Paper prepared for the recent Senate
Judiciary Title IX Compliance Informational Hearing, "Since
the 1970s, both federal and state laws have sought to prevent
discrimination in educational institutions that receive public
monies on the basis of a person's sex. The California
Legislature has acted several times in the last years to enact
legislation intended to bring more awareness about Title IX to
students and families." However, despite these laws,
"According to the National Women's Law Center (NWLC), more
than 40 years since Title IX was passed, girls' opportunities
are still not at the level boys' opportunities were in 1972;
schools still provide 1.3 million fewer chances for girls to
play sports in high school. Moreover, girls of color, in
particular, NWLC reports, play sports at far lower rates than
Caucasian girls with only 64% of African-American and Hispanic
girls and 53% of Asian girls playing sports in comparison to
76% of Caucasian girls. (NWLC Fact Sheet, Title IX 40 Years
and Counting, (June 2012), p. 1.)"
Enforcement of compliance is initiated upon the filing of a
complaint alleging a violation of Title IX. Current law does
not require any reporting of measures of compliance with Title
IX by K-12 schools.
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AB 2295 (Oropeza), Chapter 1060, Statutes of 2002, contained
uncodified language that required the California Department of
Education and the California Postsecondary Education
Commission to contract jointly for a one-time report on female
participation in athletics. In 2003, the RMC Research
Corporation's independent report "Title IX Athletics
Compliance at California's Public High Schools, Community
Colleges, and Universities" revealed that of the 125 high
schools that returned surveys, only 26% were in compliance
with Title IX based on proportionality, defined as having
participation rates that were within five percentage points of
the enrollment rates for each gender.
3)Prior related legislation.
a) AB 499 (Kuehl), Chapter 914, Statutes of 1998, created
the Sex Equity in Education Act, which consolidated and
standardized the non-discrimination provisions of the
Education Code into two chapters, one for K-12 and one for
higher education.
b) AB 322 (Oropeza), Chapter 386, Statutes of 2005, enacted
the Athletes' Bill of Rights which enumerates the rights
available to a pupil relating to gender equity in
athletics. The bill requires the State Department of
Education to post the rights established by federal Title
IX on its website.
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c) AB 2295 (Oropeza), Chapter 1060, Statutes of 2002,
discussed in Comment 2 above.
REGISTERED SUPPORT / OPPOSITION:
Support
Equal Rights Advocates
Fair Play for Girls in Sports
The Legal Aid Society
Opposition
There is no opposition on file.
Analysis Prepared by:Dana Mitchell / A.,E.,S.,T., & I.M. / (916)
319-3450
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