BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 429 (Jackson) - Instructional programs:  Title IX  
          instructional videos
          
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          |Version: April 15, 2015         |Policy Vote: ED. 7 - 1          |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 4, 2015       |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.


          Bill Summary:  This bill requires, to the extent one-time  
          funding is made available in the Budget Act of 2016, the  
          Superintendent of Public Instruction to designate a county  
          office of education to create an instructional video on Title IX  
          of the federal Education Amendments of 1972 (Title IX) to be  
          used for professional development, and a video on Title IX  
          students' rights video.  

          This bill also requires the California Department of Education  
          (CDE) to analyze the success of the Title IX compliance video  
          and establish a set of best practices to be made available to  
          school districts.


          Fiscal  
          Impact:  
           Creation of videos: This bill results in costs estimated to  
            range from $10,000 to $18,000 to develop the two instructional  
            videos required by this bill.







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           CDE administration: To collect the data prescribed in this  
            bill for determining and tracking data on the success of the  
            videos, to develop best practices, and managing the resources  
            posted on CDE's website, there is an estimated one-time cost  
            of $180,000 for two limited-term positions.  

           These activities would only be implemented to the extent  
            funding is made available in the Budget Act of 2016.


          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: (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; and (3) the school is fully meeting female  
          athletes' interests and abilities in its present athletic  
          program. (Title IX)

          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.  Enforcement of compliance is initiated upon the  
          filing of a complaint alleging a violation of Title IX.
          (Title IX; California Code of Regulations, Title 5, Section  
          4910)


          Proposed Law:  
           This bill requires, to the extent one-time funding is made  
          available in the Budget Act of 2016, the Superintendent of  
          Public Instruction to designate a county office of education to  
          create an instructional video to train school administrators,  
          designated Title IX coordinators, and other school personnel on  
          comprehensive compliance with Title IX.  This bill requires that  
          the designated county office of education also be responsible  
          for the creation of a video on Title IX students' rights for  








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          students and parents.  The videos are required to be made  
          available on the department's website.  

          This bill also requires the department to analyze the success of  
          the Title IX compliance video by tracking the number of times  
          the video was downloaded or viewed and the number of complaints  
          filed before the video was made available and one year after the  
          video was made available.  Finally it requires CDE to establish  
          a set of best practices to be made available to school districts  
          to enhance understanding of Title IX compliance.


          Related  
          Legislation: AB 1549 (Rendon, 2014) required 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. 


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