BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1375|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: SB 1375
Author: Jackson (D)
Amended: 5/31/16
Vote: 21
SENATE EDUCATION COMMITTEE: 8-0, 3/30/16
AYES: Liu, Block, Huff, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
SUBJECT: Educational equity: sex equity in education:
federal Title IX notifications
SOURCE: Author
DIGEST: This bill requires schools to post information on
their Web sites relative to the designated Title IX coordinator,
rights of students and responsibilities of schools, and a
description of how to file a complaint.
ANALYSIS:
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
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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 Civil Rights Act)
Existing state law:
1)Requires the California Department of Education (CDE) to post
on its Web site, 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 students shall not be
discriminated against based on sex.
b) Be provided with an equitable opportunity to participate
in all academic extracurricular activities, including
athletics.
c) Inquire of the athletic director of the 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.
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iv) Access to tutoring.
v) Coaching.
vi) Locker rooms.
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 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 the
student believes he or she has been discriminated against
or if the student believes he or she has received unequal
treatment on the basis of sex.
i) Pursue civil remedies if the student has been
discriminated against.
j) Be protected against retaliation if the student files 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)
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, county offices of education,
and charter schools to post in a prominent and conspicuous
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location on their Web sites all of the following:
a) The name and contact information of the Title IX
coordinator for that school, school district, or county
office of education, 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, school district, or county
office of education under Title IX, which included but is
not limited to links to websites with information about
those rights and responsibilities located on the Web sites
of CDE's Office for Equal Opportunity and the United States
Department of Education Office of Civil Rights (OCR), and
the list of rights enumerated in existing law.
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 Web site.
iii) A link to OCR's Web site 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, county offices of education and
charter schools informing them of the requirements of this
bill and of their responsibilities under Title IX.
3)States legislative findings and declarations relative to the
lack of awareness about Title IX, and a lack of training on
monitoring and ensuring compliance.
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Comments
Existing requirements to post Title IX information. Existing
law requires CDE to post on its Web site 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,
county offices of education 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Mandate costs: One-time costs potentially in the hundreds of
thousands may be incurred to the extent schools and local
educational agencies claim reimbursement for costs to make the
Title IX information available on their websites.
(Proposition 98)
CDE cites minimal costs to develop and send the letter as
required by this bill.
SUPPORT: (Verified5/27/16)
None received
OPPOSITION: (Verified5/27/16)
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None received
Prepared by:Lynn Lorber / ED. / (916) 651-4105
5/31/16 20:58:27
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