BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 1375
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|Author: |Jackson |
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|Version: |February 19, 2016 Hearing |
| |Date: March 30, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: Educational equity: sex equity in education: federal
Title IX notifications
SUMMARY
This bill requires schools to post information on their websites
relative to the designated Title IX coordinator, rights of
students and responsibilities of schools, and a description of
how to file a complaint.
BACKGROUND
Existing federal law:
1) 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." Enforcement of
compliance is initiated upon the filing of a complaint
alleging a violation of Title IX.
2) Requires each school district and county office of
education, or a local public or private agency that
receives funding from the state or federal government, 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
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Civil Rights Act)
Existing state law:
1) 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. (Education Code §
221.6)
2) Establishes a list of rights which are based on the
relevant provisions of Title IX, and authorizes the CDE to
use this list to meet the posting requirement described
above. Statutes provide that students have the right to:
a) Fair and equitable treatment and you shall not be
discriminated against based on your sex.
b) Be provided with an equitable opportunity to
participate in all academic extracurricular
activities, including athletics.
c) Inquire of the athletic director of your school
as to the athletic opportunities offered by the
school.
d) Apply for athletic scholarships.
e) Receive equitable treatment and benefits in the
provision of all of the following:
i) Equipment and supplies.
ii) Scheduling of games and practices.
iii) Transportation and daily allowances.
iv) Access to tutoring.
v) Coaching.
vi) Locker rooms.
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vii) Practice and competitive facilities.
viii) Medical and training facilities and
services.
ix) Publicity.
f) Have access to a gender equity coordinator to
answer questions regarding gender equity laws.
g) Contact the California Department of Education
(CDE) and the California Interscholastic Federation to
access information on gender equity laws.
h) File a confidential discrimination complaint with
the United States Office of Civil rights or the CDE if
you believe you have been discriminated against or if
you believe you have received unequal treatment on the
basis of your sex.
i) Pursue civil remedies if you have been
discriminated against.
j) Be protected against retaliation if you file a
discrimination complaint.
(EC § 221.8)
3)Requires each public school that offers competitive athletics 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. (EC § 221.5 - 231.5)
4)Requires each educational institution in California (K-12 and
postsecondary education) to have a written policy on sexual
harassment, and requires schools to display the policy in a
prominent location in the main administrative building or
other area of the campus or schoolsite, be provided as part of
any orientation program for new students, provided to each
faculty member, administrative staff and support staff, and
appear in any publication of the school that sets forth the
rules, regulations, procedures and standards of conduct. (EC
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§ 231.5 and § 66281.5)
ANALYSIS
This bill requires schools to post information on their websites
relative to the designated Title IX coordinator, rights of
students and responsibilities of schools, and a description of
how to file a complaint. Specifically, this bill:
1) Requires, by July 1, 2017, public schools, private schools
that receive federal funds and are subject to the
requirements of Title IX, school districts, and charter
schools to post in a prominent and conspicuous location on
their websites all of the following:
a) The name and contact information of the
Title IX coordinator for that school or school
district, including the Title IX coordinator's phone
number and email address.
b) The rights of a students and the
public, and the responsibilities of the school or
school district under Title IX, which included but is
not limited to links to websites with information
about those rights and responsibilities located on the
websites of the California Department of Education's
Office for Equal Opportunity and the United States
Department of Education Office of Civil Rights (OCR).
c) A description of how to file a
complaint under Title IX, which must include all of
the following:
i) An explanation of the
statute of limitations within which a complaint
must be filed after an alleged incident of
discrimination has occurred, and how a complaint
may be filed beyond the statute of limitations.
ii) An explanation of how the complaint
will be investigated and how the complainant may
further pursue the complaint, including but not
limited to links the information on OCR's
website.
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iii) A link to OCR's website for the
complaint form, and the contact information for
OCR which shall include the phone number and
email address for OCR.
2) Requires, by April 1, 2017, and annually thereafter, the
Superintendent of Public Instruction to send a letter
through electronic means to all public schools, private
schools that receive federal funds and are subject to the
requirements of Title IX, school districts, and charter
schools informing them of the requirements of this bill and
of their responsibilities under Title IX.
3) Requires the existing annual notification to parents to
include information relative to the Title IX coordinator,
rights and responsibilities, and how to file a Title IX
complaint (all the information described in #1).
4) 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, "On January
20, 2015, the Senate Judiciary Committee held an
informational hearing entitled 'Attaining Equal Opportunity
for Girls in California's Secondary Schools: How our
Schools are Complying with Title IX.' During the hearing,
the committee heard from the United States Department of
Education's Office of Civil Rights (OCR), which enforces
Title IX compliance, and the California Department of
Education (CDE). According to testimony provided by both
the OCR and CDE, school districts are often unaware that
Title IX requires them to:
a) Appoint a Title IX coordinator at both the
district and school level who is responsible for
coordinating the school and school district's Title IX
compliance, and that the coordinator should not have
other responsibilities that create a
conflict-of-interest with his or her role as
coordinator.
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b) Adopt and publish rules and procedures on how to
receive, investigate, and respond to a complaint filed
under Title IX.
c) Notify all students, their families, and staff of
their rights under Title IX.
By posting fundamental information about Title IX and how
students, their parents and the public can be made aware of
their rights, it can be an effective yet modest approach to
helping address this lack of awareness and understanding of
Title IX."
2) Existing requirements to post Title IX information.
Existing law requires the CDE to post on its website the
information set forth in the federal regulations
implementing Title IX. There is no requirement to post
information about Title IX, or the contact information for
the Title IX coordinator, on school campuses (despite a
2009 veto message claiming otherwise) or on websites of
school districts. This bill requires public schools,
private schools that receive federal funds and are subject
to the requirements of Title IX, school districts, and
charter schools to post specific information relative to
Title IX rights and coordinators on their websites. This
bill does not require Title IX information to be posted on
school campuses. Staff recommends an amendment to require
county offices of education to meet the requirements of
this bill.
3) Rights of students and responsibilities of schools. This
bill requires the posted information to include the rights
of students and the public, and the responsibilities of the
school or school district under Title IX, including links
to websites with information about those rights and
responsibilities located on the websites of the California
Department of Education's Office for Equal Opportunity and
the United States Department of Education Office of Civil
Rights. This bill does not specify the specific links; a
search of Title IX within those websites revealed by
following:
a) California Department of Education:
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http://www.cde.ca.gov/re/di/eo/genequitytitleix.asp
b) Office of Civil Rights:
http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.
html
Staff recommends an amendment to require the information to
also include the list of rights delineated in Education
Code section 221.8, which are described in the Background
section of this analysis.
4) Prior legislation. SB 248 (Oropeza, 2009) required school
districts, the California Community Colleges (CCC), and the
California State University (CSU) to post the list of
rights afforded to students under Title IX on school
districts' websites and campuses of the CCC and CSU. SB
248 was vetoed by Governor Schwarzenegger, whose veto
message read:
I have previously signed the author's bill into
law that required the posting of existing Title
IX requirements on school campuses and on the
California Department of Education website to
help promote greater student and parental
awareness of athletic equity issues in California
schools. This bill is largely duplicative and
unnecessary, and would result in costs that are
imprudent to incur at this time. Therefore, I am
unable to sign this bill.
AB 2240 (Oropeza, 2004) required the California Department
of Education to post on its website the Equity in Athletics
Bill of Rights and required each school district that
offered competitive or club sports to print and post
posters setting forth the Equity in Athletics Bill of
Rights. AB 2240 was vetoed by Governor Schwarzenegger,
whose veto message read:
The Federal Title IX requirements that are
intended to ban sex discrimination in school
academics and athletics have provided a worthy
benefit to improving equity in athletics for
women and men. However, establishing an
additional Equity in Athletics Bill of Rights is
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generally duplicative and unnecessary. Instead,
the Legislature could approve a bill requiring
the posting of existing Title IX requirements, on
school campuses and on the California Department
of Education website, to help promote greater
student and parental awareness of athletic equity
issues in California schools.
SB 429 (Jackson, 2015) required 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. SB 429
was held on the Senate Appropriations Committee's suspense
file.
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 on the Assembly Appropriations Committee's
suspense file.
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.
SUPPORT
American Association of University Women of California
American Civil Liberties Union
Equality California
Fair Play for Girls in Sports
San Francisco Unified School District
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OPPOSITION
None received.