BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 1375
          Author:   Jackson (D) 
          Amended:  6/20/16  
          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

           SENATE FLOOR:  39-0, 6/2/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone,  
            Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR:  80-0, 8/23/16 - See last page for vote

           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.  

          Assembly Amendments authorize a public school that does not have  








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          a Web site to comply with the provisions of this bill by posting  
          specified information on the Web site of its school district or  
          county office of education, and specify that this bill does not  
          require a local educational agency (LEA) to maintain a Web site  
          if the LEA does not already have a Web site.

          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  
            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.









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             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.

                 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 (OCR) 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.









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             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  
            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 Web sites with information about  
               those rights and responsibilities located on the Web sites  
               of CDE's Office for Equal Opportunity and the 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.








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               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)Authorizes a public school that does not have a Web site to  
            comply with the provisions of this bill by posting specified  
            information on the Web site of its school district or county  
            office of education.

          3)Specifies that this bill does not require a LEA to maintain a  
            Web site if the LEA does not already have a Web site.

          4)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.

          5)States legislative findings and declarations relative to the  
            lack of awareness about Title IX, and a lack of training on  
            monitoring and ensuring compliance.

          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  
          Web sites 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  








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          information relative to Title IX rights and coordinators on  
          their Web sites.  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 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  
            develop and send the letter to LEAs annually. 


          SUPPORT:   (Verified8/23/16)


          None received


          OPPOSITION:   (Verified8/23/16)


          None received

           ASSEMBLY FLOOR:  80-0, 8/23/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  








                                                                    SB 1375  
                                                                    Page  7



            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon




          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          8/23/16 20:19:33


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