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.