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 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 6, 2016 |Policy Vote: ED. 8 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 18, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 SB 1375 (Jackson) Page 1 of ? 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 SB 1375 (Jackson) Page 2 of ? 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 SB 1375 (Jackson) Page 3 of ? 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 SB 1375 (Jackson) Page 4 of ? under Title IX. -- END --