BILL NUMBER: SB 429	INTRODUCED
	BILL TEXT


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.