BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1538|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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CONSENT
Bill No: AB 1538
Author: Committee on Arts, Entertainment, Sports, Tourism, and
Internet Media
Introduced:3/26/15
Vote: 21
SENATE EDUCATION COMMITTEE: 8-0, 6/10/15
AYES: Liu, Runner, Block, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Hancock
ASSEMBLY FLOOR: 78-0, 5/4/15 (Consent) - See last page for
vote
SUBJECT: Educational equity: sex equity in education:
federal Title IX
SOURCE: Author
DIGEST: This bill moves the Athletes' Bill of Rights
provisions in the Education Code to the Sex Equity in Education
Act provisions of the Education Code.
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
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)
Existing state law:
1)Prohibits discrimination based on sex in all aspects of
educational opportunities, not just athletics, but also
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includes academics and extracurricular activities. Each
public school that offers competitive athletics is required to
publicly make available, beginning with the 2015-16 school
year and annually thereafter, information specific to athletic
participation. Schools are to use a three-prong test to
determine if athletic interests of both sexes have been
accommodated. These provisions are known as the Sex Equity in
Education Act. (Education Code § 221.5-231.5)
2)Requires the California Department of Education (CDE) to post
on its website, in both English and Spanish, and at a reading
level that may be comprehended by students in high school, the
information set forth in the federal regulations implementing
Title IX. A list of rights is listed in statute, and
authorizes the CDE to use this list to meet the posting
requirement. These provisions are known as the Athletes' Bill
of Rights. (EC § 270-271)
This bill moves the Athletes' Bill of Rights provisions in the
Education Code to the Sex Equity in Education Act provisions of
the Education Code.
Comments
Simple renumbering. This bill makes no changes to policy. This
bill renumbers provisions of the Athletes' Bill of Rights,
thereby placing it within provisions of the Sex Equity in
Education Act.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/11/15)
Equal Rights Advocates
Fair Play for Girls in Sports
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OPPOSITION: (Verified6/11/15)
None received
ARGUMENTS IN SUPPORT: According to Equal Rights Advocates,
"one of the problems with implementation of gender equity laws
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."
ASSEMBLY FLOOR: 78-0, 5/4/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, 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
NO VOTE RECORDED: Campos, Dahle
Prepared by:Lynn Lorber / ED. / (916) 651-4105
6/12/15 9:55:55
**** END ****
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