BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 429             
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          |Author:    |Jackson                                              |
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          |Version:   |February 25, 2015                      Hearing Date: |
          |           |    April 8, 2015                                    |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  Instructional programs:  Title IX instructional videos

            SUMMARY
          
          This bill requires the Superintendent of Public Instruction to  
          designate a county office of education to create an  
          instructional video on Title IX compliance and a Title IX  
          students' rights video.

            BACKGROUND
          
          Current 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 of activity  
          receiving Federal financial assistance."  In order to be in  
          compliance with Federal Title IX, a school must show compliance  
          with one of these three parts.  The federal tests are:

          1.   Athletic participation of women and girls is proportionate  
               to enrollment.

          2.   The school has a history and continuing practice of program  
               expansion for women or girls.

          3.   The school is fully meeting female athletes' interests and  
               abilities in its present athletic program.  (Title IX of  
               the Education Amendments of 1972 to the 1964 Civil Rights  
               Act)








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          Current state law establishes standards virtually identical to  
          those of Federal Title IX, with one modification:  in Test 2,  
          "history" is defined to mean the past two years.  (Education  
          Code § 230)

          Each school district and county office of education, or a local  
          public or private agency that receives funding from the state or  
          federal government, is required to designate a person to serve  
          as the Title IX compliance coordinator to enforce compliance at  
          the local level, including coordinating any complaints of  
          non-compliance.  (Title IX of the Education Amendments of 1972  
          to the 1964 Civil Rights Act; California Code of Regulations,  
          Title 5, Section 4910)

          Enforcement of compliance is initiated upon the filing of a  
          complaint alleging a violation of Title IX.

          Title IX applies to all aspects of educational opportunities,  
          not just athletics.  

            ANALYSIS
          
          This bill requires the Superintendent of Public Instruction to  
          designate a county office of education to create an  
          instructional video on Title IX compliance and a Title IX  
          students' rights video.  Specifically, this bill:

          1.   Requires the California Department of Education (CDE), to  
               the extent that one-time funding is included in the Budget  
               Act of 2016, to 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.

          2.   Requires the designated county office of education to be  
               "in charge" of the video that will lead to statewide  
               professional development support for comprehensive Title IX  
               compliance.  

          3.   Requires the designated county office of education to also  
               create a Title IX students' rights video for students and  
               parents.

          4.   Requires both videos to be available on CDE's website and  








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               available for download to the websites of individual  
               schoolsites and school districts.

          5.   Requires the designated county office of education to  
               consider and include, as appropriate, available resources  
               for comprehensive Title IX compliance.

          6.   Provides that the Superintendent of Public Instruction  
               (SPI) is to choose the county office of education from  
               those that apply for designation.

          7.   Requires the CDE to analyze the relevant data on the  
               success of the instructional video at the state level, by  
               monitoring the usage of the video and ascertaining the  
               levels of complaints filed.  

          8.   Requires the CDE to establish a set of best practices to be  
               made available to school districts and consortia of  
               districts to enhance understanding of comprehensive Title  
               IX compliance.

          9.   States legislative findings and declarations relative to  
               the lack of awareness about Title IX, and a lack of  
               training on monitoring and ensuring compliance.

          STAFF COMMENTS
          
          1.   Need for the bill.  According to the author, "The Senate  
               Judiciary Committee held an informational hearing on  
               January 20, 2015, titled Attaining Equal Opportunity for  
               Girls In California's Secondary Schools: How our Schools  
               are Complying with Title IX.  According to testimony  
               provided by both the federal Office of Civil Rights and  
               California Department of Education, trainings held to  
               inform schools and school districts about their Title IX  
               requirements and procedures are well attended when made  
               available, however, due to lack of funding and resources  
               few trainings are provided.  As demonstrated by testimony  
               provided during the informational hearing, school districts  
               are often unaware that Title IX requires them to appoint a  
               Title IX coordinator at both the districts and school  
               level, adopt and publish rules and procedures regarding  
               complaints, and notify students, families and staff of  
               their rights under Title IX."








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          2.   Compliance with Title IX.  Current law provides that  
               compliance is measured by the three-pronged test:

               A.        Proportionality to enrollment.

               B.        History (past two years) and continuing practice  
                    of program expansion for females.

               C.        Fully meeting female athletes' interests and  
                    abilities in its present athletic program.

               Enforcement of compliance is initiated upon the filing of a  
               complaint alleging a violation of Title IX.  Complaints  
               generally begin at the school district level and can  
               proceed to the state level and ultimately to the federal  
               Office of Civil Rights.  Current law does not require any  
               reporting of measures of compliance with Title IX by K-12  
               schools.  

          3.   Training.  The federal Office of Civil Rights issued a  
               guidance letter in 2011 reminding local educational  
               agencies that the Title IX regulations require, among many  
               other things, schools to ensure that employees designated  
               as Title IX coordinators have adequate training on what  
               constitutes sexual harassment, including sexual violence,  
               and that they understand how the recipient's grievance  
               procedures operate.  
                http://www2.ed.gov/about/offices/list/ocr/letters/colleague- 
               201104.pdf   There are no clear requirements for training on  
               Title IX compliance in California's statutes.
          
          4.   Existing resources.  This bill requires the designated  
               county office of education to consider and include, as  
               appropriate, available resources for comprehensive Title IX  
               compliance.  There do not appear to be any resources on the  
               California Department of Education's (CDE) website with  
               specific guidance or training regarding monitoring and  
               ensuring compliance with Title IX.  The CDE sent a  
               notification to all school superintendents on September 20,  
               2013 identifying the State Title IX coordinator, and  
               reminding schools of their obligations under current law to  
               designate a Title IX coordinator, post information about  
               the Title IX coordinator, and post policies regarding  








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               non-discrimination.  This notification does not provide  
               specific guidance or training resources.   
                http://www.cde.ca.gov/re/di/eo/titleixnotification.asp    
               There are several online sources for training on Title IX  
               compliance.

          5.   Designated county office of education.  This bill requires  
               the Superintendent of Public Instruction (SPI) to select  
               the designated county office of education from those that  
               apply for such designation.  This bill does not establish  
               an application process nor guidance for the selection of  
               the appropriate county office, thereby giving the SPI  
               complete discretion to determine if the county office is  
               capable of meeting the fiduciary responsibilities and other  
               requirements of this bill.
          
          6.   Clarifying amendments.  This bill requires the creation of  
               an instructional video to train school administrators on  
               comprehensive compliance with Title IX.  Staff recommends  
               an amendment to clarify that the video is to also serve as  
               a training tool for designated Title IX coordinators and  
               other school personnel.

          This bill requires the designated county office of education to  
               be "in charge of the video that will lead to statewide  
               professional development support for comprehensive Title IX  
               compliance."  Staff recommends an amendment to clarify that  
               the designated county office of education is responsible  
               for the creation of the instructional video and that the  
               video is to be available as a statewide training resource.

          This bill requires the California Department of Education (CDE)  
               to analyze the relevant data on the success of the  
               instructional video by monitoring the usage of the video  
               and ascertaining the levels of complaints filed.  Staff  
               recommends an amendment to clarify that the CDE is required  
               to identify how many times the instructional video was  
               downloaded or viewed, and how many complaints were lodged  
               before the video was available and how many complaints were  
               lodged one year after the video was available.  

          7.   Related and prior legislation.  

          RELATED LEGISLATION








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          AB 884 (Calderon, 2015) changes the title of the existing  
               article in the Education Code from "Athletes Bill of  
               Rights" to "Gender Equity in Education."  AB 884 is  
               scheduled to be heard by the Assembly Arts, Entertainment,  
               Sports, Tourism, and Internet Media Committee on April 7.

          PRIOR LEGISLATION

          SB 1349 (Jackson, Ch. 258, 2014) requires public K-12 schools  
               that offer competitive athletics to make public information  
               relative participation by gender in athletics.  

          AB 1549 (Rendon, 2014) was amended late in the legislative  
               session to require the State Auditor to audit public  
               postsecondary educational institutions for compliance with  
               Title IX every three years.  AB 1549 was held in the Senate  
               Rules Committee.

          AB 2512 (Bonilla, 2014) would have authorized, beginning January  
               1, 2018, school districts and county offices of education  
               to include information relative to compliance with Title IX  
               gender equity in the "school climate" category of local  
               control and accountability plans.  AB 2512 was vetoed by  
               the Governor, whose message read:

                    I appreciate the author's concerns but believe  
                    that the recently enacted Local Control Funding  
                    Formula should not now be subjected to a series  
                    of amendments. The law envisions that local  
                    communities fashion the plans that work best for  
                    them. State intervention in this process is  
                    premature.
               
               AB 2323 (Jackson, 2004) would have required the California  
               Department of Education to develop a Gender Equity  
               Compliance Survey for high schools.  
               AB 2323 was held in the Assembly Appropriations Committee.

            SUPPORT
          
          American Civil Liberties Union
          Association of California School Administrators
          California Women's Law Center








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          Fair Play for Girls in Sports, Legal Aid Society-Employment Law  
          Center
          Junior Leagues of California
          Superintendent of Public Instruction, Tom Torlakson

            OPPOSITION
           
           None received.

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