BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1375


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          SENATE THIRD READING


          SB  
          1375 (Jackson)


          As Amended  June 20, 2016


          Majority vote


          SENATE VOTE:  39-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Education       |7-0  |O'Donnell, Olsen,     |                    |
          |                |     |Kim, McCarty,         |                    |
          |                |     |Santiago, Thurmond,   |                    |
          |                |     |Weber                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Arts            |7-0  |Chu, Obernolte,       |                    |
          |                |     |Hadley, Levine, Low,  |                    |
          |                |     |Medina, Nazarian      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |








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          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood,  |                    |
          |                |     |McCarty               |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Requires educational institutions to post specified  
          information about Title IX on their Web sites.  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, county offices of education,  
            and charter schools to post in a prominent and conspicuous  
            location on their Web sites all of the following:


             a)   The name and contact information of the Title IX  
               coordinator, including the coordinator's phone number and  
               email address


             b)   The rights of students and the public and the  
               responsibilities of the school under Title IX, including,  
               links that information on the Web sites of the California  
               Department of Education (CDE) Office for Equal Opportunity  
               and the United States (U.S.) Department of Education's  
               Office of Civil Rights (OCR)


             c)   A description of how to file a complaint under Title IX,  
               including:


               i)     An explanation of the statute of limitations within  








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                 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 links to this information on the  
                 OCR Web site


               iii)   A link to the OCR complaint form, and the contact  
                 information for the office


          2)Requires, by April 1, 2017, and annually thereafter, the  
            Superintendent of Public Instruction (SPI) to email a letter  
            to all schools informing them of the requirements of the bill  
            and of their responsibilities under Title IX.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)Proposition 98/General Fund state mandated costs, potentially  
            in excess of $500,000, for public schools, school districts,  
            and county offices of education to develop the notice required  
            by the bill and post it online.  There are over 11,000 LEAs  
            that could be impacted by the requirements of this bill.   
            Actual costs will depend on size and types of claims LEAs  
            submit to the Commission on State Mandates (CSM) to implement  
            this measure.  Charter schools and private schools would also  
            incur costs to implement the requirements of this bill;  
            however, these schools are not eligible to seek reimbursement  
            from the CSM for mandated activities. 


          2)Minor/absorbable costs to the CDE to monitor compliance and to  








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            develop and send the letter to LEAs annually. 


          COMMENTS:  


          Need for the bill.  According to the author's office:  


            According to testimony provided by both the OCR and CDE,  
            school districts are often unaware that Title IX requires  
            them to:


               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.


               Adopt and publish rules and procedures on how to  
               receive, investigate, and respond to a complaint filed  
               under Title IX.


               Notify all students, their families, and staff of  
               their rights under Title IX.


            This lack of awareness can be seen in common day  
            interpretations of Title IX.  Whereas many people  
            typically correlate Title IX with gender equity in  
            interscholastic athletics, many are unaware that Title IX  
            forbids discrimination on the basis of sex in any  
            federally funded education program or activity.  This  
            includes protections against gender bias, gender-based  
            harassment, sexual harassment, and sexual violence.








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            Although the CDE states on its Web site that 'many school  
            districts now have a Title IX coordinator,' schools  
            remain unaware of the consequences with being  
            noncompliant with Title IX.  This can result in the  
            school district being held legally responsible if it  
            becomes aware of or does not address, either through lack  
            of response or lack of awareness of a complaint or  
            violation of Title IX.


            SB 1375 can help to bridge the gap between awareness and  
            lack of compliance by providing a simply yet effective  
            way of ensuring districts uphold their responsibilities  
            under Title IX.


          Existing posting requirements.  Current law requires the CDE to  
          post on its Web site the information set forth in the federal  
          regulations implementing Title IX.  There is no requirement in  
          current law to post information about Title IX, or the contact  
          information for the Title IX coordinator, on school campuses or  
          on Web sites of school districts.  


          2015 OCR guidance supports putting Title IX information on Web  
          sites.  In an April, 2015 "Dear Colleague" letter, the OCR  
          reaffirmed schools' obligation to make Title IX information  
          visible in the community.  It stated: 


            The Title IX coordinator's contact information must be widely  
            distributed and should be easily found on the recipient's  
            website and in various publications?OCR encourages recipients  
            to create a page on the recipient's website that includes the  
            name and contact information of its Title IX coordinator(s),  
            relevant Title IX policies and grievance procedures, and other  
            resources related to Title IX compliance and gender equity.  A  








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            link to this page should be prominently displayed on the  
            recipient's homepage. [emphasis added]


          This bill's requirements to post information on school and  
          district Web sites is consistent with the recommendations in  
          this recent federal guidance.




          Analysis Prepared by:                     Tanya Lieberman / ED.  
          / (916) 319-2087                                    FN:  0004062