BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          SB 1375 (Jackson) - Educational equity:  sex equity in  
          education:  federal Title IX notifications
          
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          |Version: April 6, 2016          |Policy Vote: ED. 8 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: April 18, 2016    |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.


          
          Bill  
          Summary:  This bill requires by July 1, 2017, public and private  
          schools, as specified, and local educational agencies to post in  
          a prominent location on their websites specific information  
          regarding Title IX, and include this information in an annual  
          parent notice.  


          Fiscal  
          Impact:  
           Mandate costs: Unknown, but potential reimbursable state  
            mandate costs up to $1 million to expand the existing annual  
            parent notification.  Additional one-time costs in the  
            hundreds of thousands may be incurred to the extent schools  
            and local educational agencies claimed reimbursement for costs  
            to make the Title IX information available on their websites.   
            To the extent the Commission on State Mandates (COSM)  
            determines these activities to be reimbursable, it could  







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            create pressure to increase the K-12 mandate block grant.   
            (Proposition 98)

           The California Department of Education (CDE) cites minimal  
            costs to develop and send the letter as required by this bill.  
             


          Background:  Existing 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."  Enforcement of  
          compliance is initiated upon the filing of a complaint alleging  
          a violation of Title IX.  It also 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 Civil Rights  
          Act)

          Existing law also requires the 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)  Existing law 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 this posting  
          requirement.  (Education Code § 221.6 and§ 221.8)  

          Existing law 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, be 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 §  
          231.5 and § 66281.5)

          Existing law requires at the beginning of the school year, the  








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          governing board of each school district to notify the parent or  
          guardian of a minor regarding certain rights and  
          responsibilities.  This annual parent notification must include,  
          among other things, a copy of the written policy of the school  
          district on sexual harassment as it relates to students. (EC §  
          48980)  


          Proposed Law:  
            This bill requires by July 1, 2017, public and private schools  
          that receive federal funds and are subject to the requirements  
          of federal Title IX, as well as local educational agencies to  
          post in a prominent and conspicuous location on their websites  
          specific information regarding Title IX.  Specifically, this  
          information includes:
             1.   Contact information of the Title IX coordinator for each  
               of school and local educational agency.


             2.   The rights of a student and the public and the  
               responsibilities of schools and local educational agencies  
               under Title IX, including links to information about those  
               rights and responsibilities from the CDE's Office for Equal  
               Opportunity and the United States Department of Education's  
               Office of Civil Rights websites, and the list of rights  
               outlined in statute that are based on federal regulations  
               implementing Title IX.


             3.   A description of how to file a Title IX complaint, as  
               specified.


          This bill also requires that this information be included in the  
          annual parent notice, required by current law in which the  
          governing board of each school district notifies parents or  
          guardians of a minor student of certain rights and  
          responsibilities. 


          Finally this bill requires the CDE to annually send a letter  
          electronically to all public and private schools that receive  
          federal funds and are subject to the requirements of Title IX as  
          well as local educational agencies, informing them of the  








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          requirement to post the information specified above on their  
          websites.  




          Related  
          Legislation:  SB 1014 (Liu, 2015) authorizes a school district  
          to grant parental leave to a student, as specified, and requires  
          school districts to notify pregnant and parenting students of  
          their rights and options, including those available via federal  
          Title IX, through a number of ways, including annual parent  
          notifications sent by school districts.  SB 1014 is pending in  
          this committee.


          Staff  
          Comments:  The requirement to include specified Title IX  
          information in the annual parent notice likely expands the  
          existing consolidated Annual Parent Notification mandate which,  
          before the K-12 mandate block grant was enacted, averaged costs  
          in the low millions.  Based on the formula for calculating  
          claimable costs developed by the COSM utilizing a per-page  
          reimbursement methodology, this bill could result in costs up to  
          $1 million by adding, possibly two pages, to the annual parent  
          notification.  
          Additional potentially significant one-time mandate costs could  
          be incurred for each school and local educational agency to post  
          required Title IX information on their websites.  If each of the  
          state's public schools and each school district spent one hour  
          of staff time at a rate of $50 per hour to prepare and post the  
          required information on their websites, statewide costs would be  
          over $500,000.  If a school or local educational agency already  
          posts Title IX related information, but does not include all the  
          specific elements required by this bill, it would have to  
          incorporate additional required information to comply with this  
          bill.  These costs would also be eligible to be claimed as a  
          reimbursable state mandate.


          According to the author's office, this measure would help to  
          fulfill the intent of Title IX and ensure that students, their  
          families, and the public are informed of their rights, and  
          remind schools and school districts of their responsibilities  








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          under Title IX. 





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