BILL ANALYSIS Ó SB 1375 Page 1 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, | | SB 1375 Page 2 | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood, | | | | |McCarty | | | | | | | | | | | | ------------------------------------------------------------------ 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 SB 1375 Page 3 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 SB 1375 Page 4 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. SB 1375 Page 5 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 SB 1375 Page 6 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