Senate Bill No. 429

Introduced by Senator Jackson

February 25, 2015

An act to add Chapter 20 (commencing with Section 53340) to Part 28 of Division 4 of Title 2 of the Education Code, relating to instructional programs.

LEGISLATIVE COUNSEL’S DIGEST

SB 429, as introduced, Jackson. Instructional programs: Title IX instructional videos.

Title IX of the federal Education Amendments of 1972 (Title IX) prohibits discrimination based on sex, including sexual harassment, rape, and sexual assault, in an educational institution’s programs or activities.

Existing law 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 bill, to the extent that one-time funding is made available in the Budget Act of 2016, would require the State Department of Education to apportion funds to a designated county office of education, selected from applicant county offices of education, that would be the fiduciary agent for an instructional video to train school administrators on comprehensive Title IX compliance and a Title IX pupils’ rights video designed for pupils and parents. The bill would require these 2 videos be available on the department’s Internet Web site and available for download to individual schoolsite and school district’s Internet Web sites.

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The goal of Title IX of the federal Education Amendments
of 1972 (20 U.S.C. Sec. 1681 et. seq.) is to provide greater levels
of gender equity in schools. The results have been higher
enrollment in colleges and universities, increased numbers of
graduate degrees in science and mathematics, increased
participation in athletics, and fairer treatment in cases of sexual
and gender harassment. These benefits not only lead to higher
self-esteem and enhanced leadership skills, but they also lead to
higher rates of graduation and greater levels of career success.
Title IX was approved in 1972, yet noncompliance with its
requirements is still problematic.

(b) Title IX addresses 10 key areas: Access to Higher Education,
Career Education, Education for Pregnant and Parenting Students,
Employment, Learning Environment, Mathematics and Science,
Sexual Harassment, Standardized Testing, and Technology.

(c) In a November 2012 investigative report, the National
Broadcasting Company (NBC) found the majority of school
principals were unable to identify the Title IX coordinator, and
only three principals identified themselves as being responsible
for handling complaints regarding sexual and gender harassment.

(d) Equal Rights Advocates found only about 25 percent of Title
IX coordinators of Bay Area school districts that responded to its
survey received some training on Title IX related matters. A
significant percentage of schools in those school districts do not
cover sexual harassment in their existing training for pupils (11
percent), teachers (14 percent), and staff/administrators (23
percent). Gender identity and gender expression were covered in
less than a quarter of pupil and teacher training, and less than 20
percent of staff/administrator training. Equal opportunity in
athletics was mentioned in only 11 percent of pupil training, 17
percent of teacher training, and 10 percent of staff/administrator
training.

(e) A 2015 American Civil Liberties Union (ACLU) of
California report found widespread unawareness among pupils
and school administrators of the rights of pregnant and parenting
pupils, including an extremely limited knowledge that pregnant
pupils and those recovering from childbirth conditions are entitled
to services available to other pupils with temporary medical
conditions.

(f) In that ACLU report, only 4 percent of school districts
surveyed included “parenting” status within the list of categories
in the nondiscrimination board policy, 25 percent of pupil survey
respondents indicated that they had been restricted from
participating in an extracurricular activity, such as physical
education or a sport, due to their pregnancy status and 13 percent
of pupil survey respondents said that they were required by their
school district to move to an alternative or continuation school as
a result of their pregnancy despite the law requiring that enrollment
in separate programs for parenting pupils be strictly voluntary.

(g) During Title IX training conducted by the Title IX advocacy
and litigation project Fair Play for Girls in Sports, among dozens
of middle- and high-school girls attending training throughout
California, approximately 80 percent of female pupils polled have
never heard of Title IX nor do they understand how the law affords
gender equity in education.

(h) Fair Play for Girls in Sports regularly receives complaints
and requests for help from community members, including parents,
coaches, and female athletes, regarding a lack of understanding of
Title IX in their local K-12 schools and a need for increased
training for school administrators. Where cases have been brought
against K-12 schools to spur compliance with Title IX, the lack
of uniform, accurate training materials has contributed to schools
remaining out of compliance with the law, even after a finding of
Title IX violations by the school.

(i) Since Title IX was passed 42 years ago, it has been the
subject of over 20 proposed amendments, reviews, Supreme Court
cases, and other political actions. It is a living, breathing law and
it benefits countless women and girls. The lack of knowledge and
training harms pupils.

SEC. 2.  

Chapter 20 (commencing with Section 53340) is added
to Part 28 of Division 4 of Title 2 of the Education Code, to read:

 

Chapter  20. Title IX Instructional Video

 

53340.  

(a) To the extent that one-time funding is made
available in the Budget Act of 2016, the department shall apportion
funds to a designated county office of education to be the fiduciary
agent for an instructional video to train school administrators on
comprehensive compliance with Title IX of the federal Education
Amendments of 1972 (20 U.S.C. Sec. 1681 et. seq.). The
designated county office of education shall be chosen by the
Superintendent from county offices of education that apply for
designation. The designated county office of education shall be in
charge of the video that will lead to statewide professional
development support for comprehensive Title IX compliance. The
designated county office of education shall also create a Title IX
pupils’ rights video designed for pupils and parents. Both videos
shall be available on the department Internet Web site and available
for download to individual schoolsite and school district’s Internet
Web sites.

(b) The designated county office of education, in the
implementation of this chapter, shall consider and include, as
appropriate, available resources for comprehensive Title IX
compliance.

(c) The department shall analyze the relevant data on the success
of the comprehensive Title IX compliance instructional video at
the state level, by monitoring the usage of the video and
ascertaining the levels of complaints filed. The department shall
establish a set of best practices to be made available to school
districts and consortia of school districts to enhance understanding
of comprehensive Title IX compliance.