BILL NUMBER: AB 499 CHAPTERED
BILL TEXT
CHAPTER 914
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 1998
APPROVED BY GOVERNOR SEPTEMBER 28, 1998
PASSED THE ASSEMBLY AUGUST 20, 1998
PASSED THE SENATE AUGUST 17, 1998
AMENDED IN SENATE JULY 22, 1998
AMENDED IN SENATE JULY 9, 1998
AMENDED IN SENATE JUNE 25, 1998
AMENDED IN ASSEMBLY JANUARY 27, 1998
AMENDED IN ASSEMBLY JUNE 2, 1997
AMENDED IN ASSEMBLY MAY 6, 1997
AMENDED IN ASSEMBLY APRIL 23, 1997
AMENDED IN ASSEMBLY APRIL 9, 1997
INTRODUCED BY Assembly Member Kuehl
(Principal coauthor: Senator Lee)
(Coauthors: Assembly Members Alquist, Aroner, Bowen, Honda,
Keeley, Knox, Mazzoni, and Thomson)
(Coauthors: Senators Solis and Watson)
FEBRUARY 24, 1997
An act to amend Sections 200, 211, 212, 212.5, 213, 214, 220, 223,
224, 250, 251, 253, 262.3, and 72012 of, to amend the headings of
Chapter 2 (commencing with Section 200) of, and Article 3 (commencing
with Section 220) of, Chapter 2 of Part 1 of, to amend and renumber
Sections 40, 41, 45, 210, 212.6, 222, 226, 227, 228, 232, 262, 262.1,
262.2, 263, 33032.5, 44806, 52905, 52906, 52907, 52908, 58508, and
72015 of, to amend and renumber the headings of Article 4 (commencing
with Section 240) of, Article 5 (commencing with Section 250) of,
and Article 6 (commencing with Section 260) of, Chapter 2 of Part 1
of, to add Sections 210, 262.4, and 264 to, to add the headings of
Article 4 (commencing with Section 221.5) of, Article 5 (commencing
with Section 233) of, Article 6 (commencing with Section 235) of, and
Article 11 (commencing with Section 280) of, Chapter 2 of Part 1 of,
and to add Chapter 4.5 (commencing with Section 66250) to Part 40
of, and to repeal the headings of Article 4 (commencing with Section
40) of, and Article 4.5 (commencing with Section 45) of, Chapter 1 of
Part 1 of, and Article 8 (commencing with Section 52905) of Chapter
12 of Part 28 of, the Education Code, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
AB 499, Kuehl. Education: diversity in education: Sex Equity in
Education Act.
Under existing law, numerous provisions of the Education Code
relate to the prohibition of discrimination in the provision of
educational services by elementary, secondary, and postsecondary
institutions.
Under existing law, the governing board of a school district has
primary responsibility for ensuring that school district programs and
activities are free from discrimination based on ethnic group
identification, religion, age, sex, color, or physical or mental
disability. Existing law contains comparable provisions for the
community colleges, the California State University system, and the
University of California system. Existing law provides that a party
to a written complaint of prohibited discrimination may appeal the
action to specified bodies. Existing law also requires that persons
who have filed a complaint of prohibited discrimination be advised by
the educational institution that civil law remedies may also be
available to the complainant.
This bill would revise and recast numerous provisions of the
Education Code relating to the prohibition of discrimination. The
bill would organize these provisions into 2 legislative schemes, one
of which would be applicable to elementary and secondary schools, and
one of which would be applicable to postsecondary educational
institutions, as defined.
The bill would specify that the provisions on discrimination may
be enforced through a civil action.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Article 4 (commencing with Section 40)
of Chapter 1 of Part 1 of the Education Code is repealed.
SEC. 2. Section 40 of the Education Code is amended and renumbered
to read:
221.5. (a) It is the policy of the state that elementary and
secondary school classes and courses, including nonacademic and
elective classes and courses, be conducted, without regard to the sex
of the pupil enrolled in these classes and courses.
(b) No school district shall prohibit any pupil from enrolling in
any class or course on the basis of the sex of the pupil, except a
class subject to Section 51550.
(c) No school district shall require pupils of one sex to enroll
in a particular class or course, unless the same class or course is
also required of pupils of the opposite sex.
(d) No school counselor, teacher, instructor, administrator, or
aide shall, on the basis of the sex of a pupil, offer vocational or
school program guidance to pupils of one sex that is different from
that offered to pupils of the opposite sex or, in counseling pupils,
differentiate career, vocational, or higher education opportunities
on the basis of the sex of the pupil counseled. Any school personnel
acting in a career counseling or course selection capacity to any
pupil shall affirmatively explore with the pupil the possibility of
careers, or courses leading to careers, that are nontraditional for
that pupil's sex. The parents or legal guardian of the pupil shall
be notified in a general manner at least once in the manner
prescribed by Section 48980, in advance of career counseling and
course selection commencing with course selection for grade 7 so that
they may participate in the counseling sessions and decisions.
(e) Participation in a particular physical education activity or
sport, if required of pupils of one sex, shall be available to pupils
of each sex.
SEC. 3. Section 41 of the Education Code is amended and renumbered
to read:
221.7. (a) The Legislature finds and declares that female pupils
are not accorded opportunities for participation in school-sponsored
athletic programs equal to those accorded male pupils. It is the
intent of the Legislature that opportunities for participation in
athletics be provided equally to male and female pupils.
(b) Notwithstanding any other provisions of law, no public funds
shall be used in connection with any athletic program conducted under
the auspices of a school district governing board or any student
organization within the district, which does not provide equal
opportunity to both sexes for participation and for use of
facilities. Facilities and participation include, but are not
limited to, equipment and supplies, scheduling of games and practice
time, compensation for coaches, travel arrangements, per diem, locker
rooms, and medical services.
(c) Nothing in this section shall be construed to require a school
district to require competition between male and female pupils in
school-sponsored athletic programs.
SEC. 4. The heading of Article 4.5 (commencing with Section 45) of
Chapter 1 of Part 1 of the Education Code is repealed.
SEC. 5. Section 45 of the Education Code is amended and renumbered
to read:
201. (a) All pupils have the right to participate fully in the
educational process, free from discrimination and harassment.
(b) California's public schools have an affirmative obligation to
combat racism, sexism, and other forms of bias, and a responsibility
to provide equal educational opportunity.
(c) Harassment on school grounds directed at an individual on the
basis of personal characteristics or status creates a hostile
environment and jeopardizes equal educational opportunity as
guaranteed by the California Constitution and the United States
Constitution.
(d) There is an urgent need to prevent and respond to acts of hate
violence and bias-related incidents that are occurring at an
increasing rate in California's public schools.
(e) There is an urgent need to teach and inform pupils in the
public schools about their rights, as guaranteed by the federal and
state constitutions, in order to increase pupils' awareness and
understanding of their rights and the rights of others, with the
intention of promoting tolerance and sensitivity in public schools
and in society as a means of responding to potential harassment and
hate violence.
(f) It is the intent of the Legislature that each public school
undertake educational activities to counter discriminatory incidents
on school grounds and, within constitutional bounds, to minimize and
eliminate a hostile environment on school grounds that impairs the
access of pupils to equal educational opportunity.
(g) It is the intent of the Legislature that this chapter shall be
interpreted as consistent with Article 9.5 (commencing with Section
11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, Title VI of the federal Civil Rights Act of 1964 (42
U.S.C. Sec. 1981, et seq.), Title IX of the Education Amendments of
1972 (20 U.S.C. Sec. 1681, et seq.), Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), the federal Equal Educational Opportunities Act (20 U.S.C.
Sec. 1701, et seq.), the Unruh Civil Rights Act (Secs. 51 to 53,
incl., Civ. C.), and the Fair Employment and Housing Act (Pt. 2.8
(commencing with Sec. 12900), Div. 3, Gov. C.), except where this
chapter may grant more protections or impose additional obligations,
and that the remedies provided herein shall not be the exclusive
remedies, but may be combined with remedies that may be provided by
the above statutes.
SEC. 6. The heading of Chapter 2 (commencing with Section 200) of
Part 1 of the Education Code is amended to read:
CHAPTER 2. EDUCATIONAL EQUITY
SEC. 7. Section 200 of the Education Code is amended to read:
200. (a) It is the policy of the State of California to afford
all persons in public schools, regardless of their sex, ethnic group
identification, race, national origin, religion, or mental or
physical disability, equal rights and opportunities in the
educational institutions of the state. The purpose of this chapter
is to prohibit acts which are contrary to that policy and to provide
remedies therefor.
SEC. 8. Section 210 is added to the Education Code, to read:
210. The definitions in this article shall govern the use of the
terms defined for purposes of this chapter.
SEC. 9. Section 210 of the Education Code is amended and
renumbered to read:
210.1. "Educational institution" means a public or private
preschool, elementary, or secondary school or institution; the
governing board of a school district; or any combination of school
districts or counties recognized as the administrative agency for
public elementary or secondary schools.
SEC. 10. Section 211 of the Education Code is amended to read:
211. "Governing board" means the governing board of a school
district.
SEC. 11. Section 212 of the Education Code is amended to read:
212. "Sex" means the biological condition or quality of being a
male or female human being.
SEC. 12. Section 212.5 of the Education Code is amended to read:
212.5. "Sexual harassment" means unwelcome sexual advances,
requests for sexual favors, and other verbal, visual, or physical
conduct of a sexual nature, made by someone from or in the work or
educational setting, under any of the following conditions:
(a) Submission to the conduct is explicitly or implicitly made a
term or a condition of an individual's employment, academic status,
or progress.
(b) Submission to, or rejection of, the conduct by the individual
is used as the basis of employment or academic decisions affecting
the individual.
(c) The conduct has the purpose or effect of having a negative
impact upon the individual's work or academic performance, or of
creating an intimidating, hostile, or offensive work or educational
environment.
(d) Submission to, or rejection of, the conduct by the individual
is used as the basis for any decision affecting the individual
regarding benefits and services, honors, programs, or activities
available at or through the educational institution.
SEC. 13. Section 212.6 of the Education Code is amended and
renumbered to read:
231.5. (a) It is the policy of the State of California, pursuant
to Section 200, that all persons, regardless of their sex, should
enjoy freedom from discrimination of any kind in the educational
institutions of the state. The purpose of this section is to provide
notification of the prohibition against sexual harassment as a form
of sexual discrimination and to provide notification of available
remedies.
(b) Each educational institution in the State of California shall
have a written policy on sexual harassment. It is the intent of the
Legislature that each educational institution in this state include
this policy in its regular policy statement rather than distribute an
additional written document.
(c) The educational institution's written policy on sexual
harassment shall include information on where to obtain the specific
rules and procedures for reporting charges of sexual harassment and
for pursuing available remedies.
(d) A copy of the educational institution's written policy on
sexual harassment shall be displayed in a prominent location in the
main administrative building or other area of the campus or
schoolsite. "Prominent location" means that location, or those
locations, in the main administrative building or other area where
notices regarding the institution's rules, regulations, procedures,
and standards of conduct are posted.
(e) A copy of the educational institution's written policy on
sexual harassment, as it pertains to students, shall be provided as
part of any orientation program conducted for new students at the
beginning of each quarter, semester, or summer session, as
applicable.
(f) A copy of the educational institution's written policy on
sexual harassment shall be provided for each faculty member, all
members of the administrative staff, and all members of the support
staff at the beginning of the first quarter or semester of the school
year, or at the time that there is a new employee hired.
(g) A copy of the educational institution's written policy on
sexual harassment shall appear in any publication of the institution
that sets forth the comprehensive rules, regulations, procedures, and
standards of conduct for the institution.
SEC. 14. Section 213 of the Education Code is amended to read:
213. (a) "State financial assistance" means any funds or other
form of financial aid appropriated or authorized pursuant to state
law, or pursuant to federal law administered by any state agency, for
the purpose of providing assistance to any educational institution
for its own benefit or for the benefit of any pupils admitted to the
educational institution.
(b) State financial assistance shall include, but not be limited
to, all of the following:
(1) Grants of state property, or any interest therein.
(2) Provision of the services of state personnel.
(3) Funds provided by contract, tax rebate, appropriation,
allocation, or formula.
SEC. 15. Section 214 of the Education Code is amended to read:
214. "State student financial aid" means any funds or other form
of financial aid appropriated or authorized pursuant to state law, or
pursuant to federal law administered by any state agency, for the
purpose of providing assistance directly to any student admitted to
an educational institution. State student financial aid shall
include, but not be limited to, scholarships, loans, grants, or
wages.
SEC. 16. The heading of Article 3 (commencing with Section 220) of
Chapter 2 of Part 1 of the Education Code is amended to read:
Article 3. Prohibition of Discrimination
SEC. 17. Section 220 of the Education Code is amended to read:
220. No person shall be subjected to discrimination on the basis
of sex, ethnic group identification, race, national origin, religion,
color, or mental or physical disability in any program or activity
conducted by an educational institution that receives, or benefits
from, state financial assistance or enrolls pupils who receive state
student financial aid.
SEC. 18. The heading of Article 4 (commencing with Section 221.5)
is added to Chapter 2 of Part 1 of the Education Code, to read:
Article 4. Sex Equity in Education Act
SEC. 19. Section 222 of the Education Code is amended and
renumbered to read:
66272. This article shall not apply to an educational institution
whose primary purpose is the training of individuals for the
military services of the United States, or the merchant marine.
SEC. 20. Section 223 of the Education Code is amended to read:
223. This chapter shall not apply to the membership practices of
the Young Men's Christian Association, Young Women's Christian
Association, girl scouts, boy scouts, Camp Fire, or voluntary youth
service organizations which are exempt from taxation under
subdivision (a) of Section 501 of the federal Internal Revenue Code
of 1954, whose membership has traditionally been limited to persons
of one sex, and principally to persons of less than 19 years of age.
SEC. 21. Section 224 of the Education Code is amended to read:
224. The sex discrimination provisions of this article shall not
apply to any of the following, provided that these conferences comply
with other nondiscrimination provisions of state and federal law:
(a) Any program or activity of the American Legion undertaken in
connection with the organization or operation of any Boys State
conference, Boys Nation conference, Girls State conference, or Girls
Nation conference.
(b) Any program or activity of any secondary educational
institution specifically for any of the following purposes:
(1) The promotion of any Boys State conference, Boys Nation
conference, Girls State conference, or Girls Nation conference.
(2) The selection of students to attend any of those conferences.
SEC. 22. Section 226 of the Education Code is amended and
renumbered to read:
66276. This article shall not apply to any scholarship or other
financial assistance awarded by a postsecondary educational
institution to any individual upon the basis of a combination of
factors related to the individual's personal appearance, poise, and
talent as an award in any pageant in which participation is limited
exclusively to individuals of one sex, provided that the pageant
complies with other nondiscrimination provisions of state and federal
law.
SEC. 23. Section 227 of the Education Code is amended and
renumbered to read:
66277. In regard to admissions to educational institutions, this
article shall apply only to institutions of vocational, professional,
or postgraduate education, and to public postsecondary education
institutions.
SEC. 24. Section 228 of the Education Code is amended and
renumbered to read:
66278. In regard to admissions to educational institutions, this
article shall not apply to any public institution of undergraduate
higher education which traditionally and continually from its
establishment has had a policy of admitting only students of one sex.
SEC. 25. Section 232 of the Education Code, as amended by Section
5 of Chapter 938 of the Statutes of 1995, is amended and renumbered
to read:
221.1. The State Board of Education shall adopt regulations
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, commonly referred to as
the rulemaking provisions of the Administrative Procedure Act, to
implement this chapter.
SEC. 26. The heading of Article 5 (commencing with Section 233) is
added to Chapter 2 of Part 1 of the Education Code, to read:
Article 5. Hate Violence Prevention Act
SEC. 27. The heading of Article 6 (commencing with Section 235) is
added to Chapter 2 of Part 1 of the Education Code, to read:
Article 6. Alternative Schools, Charter Schools, and School
Choice
SEC. 28. The heading of Article 4 (commencing with Section 240) of
Chapter 2 of Part 1 of the Education Code, is amended and renumbered
to read:
Article 7. Instructional Materials
SEC. 29. The heading of Article 5 (commencing with Section 250) of
Chapter 2 of Part 1 of the Education Code is amended and renumbered
to read:
Article 8. Compliance
SEC. 30. Section 250 of the Education Code is amended to read:
250. Prior to receipt of any state financial assistance or state
student financial aid, an educational institution shall provide
assurance to the agency administering the funds, in the manner
required by the funding agency, that each program or activity
conducted by the educational institution will be conducted in
compliance with the provisions of this chapter and all other
applicable provisions of state law prohibiting discrimination. A
single assurance, not more than one page in length and signed by an
appropriate responsible official of the educational institution, may
be provided for all the programs and activities conducted by an
educational institution.
SEC. 31. Section 251 of the Education Code is amended to read:
251. (a) A school district shall submit timely, complete, and
accurate compliance reports to the State Department of Education as
that entity may require.
(b) All reports submitted pursuant to this section shall be made
available by the educational institution for public inspection during
regular business hours.
SEC. 32. Section 253 of the Education Code is amended to read:
253. (a) Compliance with the sex discrimination provisions of
this chapter and regulations adopted pursuant to this chapter shall
be included in the annual Coordinated Compliance Review Manual
provided to school districts by the Superintendent of Public
Instruction. Any review of that compliance shall also include a
review of the school district's records of complaints of sexual
harassment brought by pupils and employees of the school district.
(b) The superintendent shall annually review 20 school districts
for compliance with sex discrimination laws and regulations as
specified in subdivision (a). The superintendent shall select from
those districts subject to review, in a given year, a sampling of
districts from each of the following categories:
(1) Those districts within which the greatest number of sex
discrimination complaints have been filed since its previous
coordinated compliance review.
(2) Those districts with the largest enrollments.
(3) All other districts, selected on a random basis.
(c) The superintendent and the department shall only be required
to implement the provisions enumerated in this section in fiscal
years in which sufficient funds have been appropriated for those
purposes.
SEC. 33. The heading of Article 6 (commencing with Section 260) of
Chapter 2 of Part 1 of the Education Code is amended and renumbered
to read:
Article 9. Enforcement
SEC. 34. Section 262 of the Education Code is amended and
renumbered to read:
66292. (a) The governing board of a community college district
shall have the primary responsibility for ensuring that community
college district programs and activities are free from discrimination
based on ethnic group identification, religion, age, sex, color, or
physical or mental disability.
(b) The Chancellor's office of the California Community Colleges
shall have responsibility for monitoring the compliance of each
district with any and all regulations adopted pursuant to Section
11138 of the Government Code.
SEC. 35. Section 262.1 of the Education Code is amended and
renumbered to read:
66292.1. The Chancellor of the California State University and
the president of each California State University campus shall have
the primary responsibility for ensuring that campus programs and
activities are free from discrimination based on ethnic group
identification, religion, age, sex, color, or physical or mental
disability.
SEC. 36. Section 262.2 of the Education Code is amended and
renumbered to read:
66292.2. The President of the University of California and the
chancellor of each University of California campus shall have primary
responsibility for ensuring that campus programs and activities are
free from discrimination based on ethnic group identification,
religion, age, sex, color, or physical or mental disability.
SEC. 37. Section 262.3 of the Education Code is amended to read:
262.3. (a) A party to a written complaint of prohibited
discrimination may appeal the action taken by the governing board of
a school district pursuant to this article, to the State Department
of Education.
(b) Persons who have filed a complaint, pursuant to this chapter,
with an educational institution shall be advised by the educational
institution that civil law remedies, including, but not limited to,
injunctions, restraining orders, or other remedies or orders may also
be available to complainants. The educational institution shall
make this information available by publication in appropriate
informational materials.
(c) Nothing in this chapter shall be construed to require an
exhaustion of the administrative complaint process before civil law
remedies may be pursued.
(d) Notwithstanding any other provision of law, a person who
alleges that he or she is a victim of discrimination may not seek
civil remedies pursuant to this section until at least 60 days have
elapsed from the filing of an appeal to the State Department of
Education pursuant to Chapter 5.1 (commencing with Section 4600) of
Division 1 of Title 5 of the California Code of Regulations. The
moratorium imposed by this subdivision does not apply to injunctive
relief and is applicable only if the local educational agency has
appropriately, and in a timely manner, apprised the complainant of
his or her right to file a complaint.
SEC. 38. Section 262.4 is added to the Education Code, to read:
262.4. This chapter may be enforced through a civil action.
SEC. 39. Section 263 of the Education Code is amended and
renumbered to read:
66293. The California Postsecondary Education Commission shall
report to the Legislature and Governor on the representation and
utilization of ethnic minorities and women among academic,
administrative, and other employees at the community colleges, the
California State University, and the University of California,
pursuant to Sections 66903.1 and 66903.3.
SEC. 40. The heading of Article 11 (commencing with Section 280)
is added to Chapter 2 of Part 1 of the Education Code, to read:
Article 11. The Bill Bradley Human Relations Pilot Project
SEC. 41. Section 33032.5 of the Education Code is amended and
renumbered to read:
233. (a) At the request of the Superintendent of Public
Instruction, the State Board of Education shall do all of the
following as long as the board's actions do not result in a state
mandate or an increase in costs to a state or local program:
(1) Adopt policies directed toward creating a school environment
in kindergarten and grades 1 to 12, inclusive, that is free from
discriminatory attitudes and practices and acts of hate violence.
(2) Revise, as needed, and in accordance with the State Board of
Education's adopted Schedule for Curriculum Framework Development and
Adoption of Instructional Materials developed pursuant to Section
60200, the state curriculum frameworks and guidelines and the moral
and civic education curricula to include human relations education,
with the aim of fostering an appreciation of people of different
ethnicities.
(3) Establish guidelines for use in teacher and administrator
in-service training programs to promote an appreciation of diversity
and to discourage the development of discriminatory attitudes and
practices that prevent pupils from achieving their full potential.
(4) Establish guidelines for use in teacher and administrator
in-service training programs designed to enable teachers and
administrators to prevent and respond to acts of hate violence
occurring on their school campuses.
(5) Establish guidelines designed to raise the awareness and
sensitivity of teachers, administrators, and school employees to
potentially prejudicial and discriminatory behavior and to encourage
the participation of these groups in these programs.
(6) Develop guidelines relating to the development of
nondiscriminatory instructional and counseling methods.
(7) Revise any appropriate guidelines previously adopted by the
board to include procedures for preventing and responding to acts of
hate violence.
(b) The State Department of Education, in accordance with policies
established by the State Board of Education for purposes of this
subdivision, shall do all of the following:
(1) Prepare guidelines for the design and implementation of local
programs and instructional curricula that promote understanding,
awareness, and appreciation of the contributions of people with
diverse backgrounds and of harmonious relations in a diverse society.
The guidelines shall include methods of evaluating the programs and
curricula and suggested procedures to ensure coordination of the
programs and curricula with appropriate local public and private
agencies.
(2) Provide grants, from funds appropriated for that purpose, to
school districts and county offices of education to develop programs
and curricula consistent with the guidelines developed in paragraph
(1).
(3) To the extent possible, provide advice and direct services,
consistent with the guidelines developed in paragraph (1), to school
districts and county offices of education that implement the programs
and curricula developed in paragraph (2).
(c) The State Board of Education shall carry out this section only
if private funds, in an amount sufficient to pay for related State
Department of Education staff activities on behalf of the board, are
made available.
(d) Nothing in this section shall be construed to require the
governing board of a school district to offer any ethnic studies or
human relations courses in the district.
(e) As used in this section, "hate violence" means any act
punishable under Section 422.6, 422.7, or 422.75 of the Penal Code.
SEC. 42. Section 44806 of the Education Code is amended and
renumbered to read:
233.5. (a) Each teacher shall endeavor to impress upon the minds
of the pupils the principles of morality, truth, justice, patriotism,
and a true comprehension of the rights, duties, and dignity of
American citizenship, and the meaning of equality and human dignity,
including the promotion of harmonious relations, kindness toward
domestic pets and the humane treatment of living creatures, to teach
them to avoid idleness, profanity, and falsehood, and to instruct
them in manners and morals and the principles of a free government.
(b) Each teacher is also encouraged to create and foster an
environment that encourages pupils to realize their full potential
and that is free from discriminatory attitudes, practices, events, or
activities, in order to prevent acts of hate violence, as defined in
subdivision (e) of Section 233.
SEC. 43. The heading of Article 8 (commencing with Section 52905)
of Chapter 12 of Part 28 of the Education Code is repealed.
SEC. 44. Section 52905 of the Education Code is amended and
renumbered to read:
280. The Legislature finds and declares all of the following:
(a) California's schoolage population is changing dramatically,
becoming increasingly diverse both racially and ethnically. These
changing patterns of our social fabric have presented society with
serious opportunities and concerns in the area of human relations.
(b) School districts are an effective vehicle for teaching
children human relations and prejudice reduction.
(c) Through the use of a pilot project, human relations materials
that foster cooperation and group work can increase academic
achievement and self-esteem, and promote positive interaction among
pupils from different racial, religious, and ethnic groups.
(d) It is the intent of the Legislature that the development of
human relations materials and staff training modules provide models
for the implementation of California's most recent History/Social
Studies Framework.
SEC. 45. Section 52906 of the Education Code is amended and
renumbered to read:
281. (a) The Superintendent of Public Instruction shall authorize
the development of the Bill Bradley Human Relations Pilot Project
for teaching a course on human relations, and shall do the following:
(1) Consult with teachers, administrators, school board members, a
representative of the California Congress of Parents, Teachers, and
Students, and at least four statewide human relations agencies,
including the Anti-Defamation League of B'nai B'rith, the National
Association for the Advancement of Colored People, the Asian Pacific
American Legal Center, and the Mexican American Legal Defense
Educational Fund, in the development of the human relations course.
(2) Recommend the course curriculum to the State Board of
Education.
(3) Select three school districts, from among interested school
districts, to participate in the pilot project. The selected
districts shall reflect the geographic and ethnic diversity of
communities in California.
(4) Oversee the training of appropriate staff in the three school
districts pursuant to this article.
(5) Designate whether the course shall be for 5 or 10 weeks in
duration.
(b) Either the superintendent or the participating school
districts shall designate whether the course will be taught in grade
8, 9, or 10.
(c) The course shall be designed to allow the selected school
districts to tailor the materials to the needs of their specific
communities.
SEC. 46. Section 52907 of the Education Code is amended and
renumbered to read:
282. The human relations course developed pursuant to this
article shall encompass the following goals:
(a) Fostering cooperation and promoting positive interaction among
pupils of different racial and ethnic groups.
(b) Developing an understanding of ethnic diversity within
California, throughout the nation, and in the world.
(c) Understanding the dangers of stereotyping and discrimination
that have existed throughout history and recognizing the protections
offered to all by a democratic society.
(d) Appreciating the contributions of minority groups to the
development of the United States.
SEC. 47. Section 52908 of the Education Code is amended and
renumbered to read:
283. The human relations course developed pursuant to this
article shall be designed and be ready for implementation by the
1990-91 school year.
SEC. 48. Section 58508 of the Education Code is amended and
renumbered to read:
235. There shall be no racial, sex, or ethnic discrimination in
any aspect of the operation of alternative schools, charter schools,
or the Demonstration Scholarship Program.
SEC. 49. Chapter 4.5 (commencing with Section 66250) is added to
Part 40 of the Education Code, to read:
CHAPTER 4.5. SEX EQUITY IN EDUCATION ACT
Article 1. Title and Declaration of Purpose
66250. This chapter shall be known, and may be cited, as the Sex
Equity in Education Act.
66251. It is the policy of the State of California to afford all
persons, regardless of their sex, ethnic group identification, race,
national origin, religion, or mental or physical disability, equal
rights and opportunities in the postsecondary institutions of the
state. The purpose of this chapter is to prohibit acts that are
contrary to that policy and to provide remedies therefor.
66252. (a) All students have the right to participate fully in
the educational process, free from discrimination and harassment.
(b) California's postsecondary educational institutions have an
affirmative obligation to combat racism, sexism, and other forms of
bias, and a responsibility to provide equal educational opportunity.
(c) Harassment on school grounds directed at an individual on the
basis of personal characteristics or status creates a hostile
environment and jeopardizes equal educational opportunity as
guaranteed by the California Constitution and the United States
Constitution.
(d) There is an urgent need to prevent and respond to acts of hate
violence and bias-related incidents that are occurring at an
increasing rate in California's public schools.
(e) There is an urgent need to teach and inform students in the
public schools about their rights, as guaranteed by the federal and
state constitutions, in order to increase students' awareness and
understanding of their rights and the rights of others, with the
intention of promoting tolerance and sensitivity in postsecondary
educational institutions and in society as a means of responding to
potential harassment and hate violence.
(f) It is the intent of the Legislature that each postsecondary
educational institution undertake educational activities to counter
discriminatory incidents on school grounds and, within constitutional
bounds, to minimize and eliminate a hostile environment on school
grounds that impairs the access of students to equal educational
opportunity.
(g) It is the intent of the Legislature that this chapter shall be
interpreted as consistent with Article 9.5 (commencing with Section
11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, Title VI of the federal Civil Rights Act of 1964 (42
U.S.C. Sec. 1981, et seq.), Title IX of the Education Amendments of
1972 (20 U.S.C. Sec. 1681, et seq.), Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), the federal Equal Educational Opportunities Act (20 U.S.C.
Sec. 1701, et seq.), the Unruh Civil Rights Act (Secs. 51 to 53,
incl., Civ. C.), and the Fair Employment and Housing Act (Pt. 2.8
(commencing with Sec. 12900), Div. 3, Gov. C.), except where this
chapter may grant more protections or impose additional obligations,
and that the remedies provided herein shall not be the exclusive
remedies, but may be combined with remedies that may be provided by
the above statutes.
Article 2. Definitions
66260. The definitions in this article shall govern the use of
the terms defined for purposes of this chapter.
66261. "Governing board" means the governing board of a
community college.
66261.5. "Postsecondary educational institution" means a public
or private institution of vocational, professional, or postsecondary
education; the governing board of a community college district; the
Regents of the University of California; or the Trustees of the
California State University.
66262. "Sex" has the same meaning as defined in Section 212.
66262.5. "Sexual harassment" has the same meaning as defined in
Section 212.5.
66263. "State financial assistance" has the same meaning as
defined in Section 213.
66264. "State student financial aid" has the same meaning as
defined in Section 214.
Article 3. Prohibition of Discrimination
66270. No person shall be subjected to discrimination on the
basis of sex, ethnic group identification, race, national origin,
religion, color, or mental or physical disability in any program or
activity conducted by any postsecondary educational institution that
receives, or benefits from, state financial assistance or enrolls
students who receive state student financial aid.
66271. This chapter shall not apply to an educational institution
that is controlled by a religious organization if the application
would not be consistent with the religious tenets of that
organization.
66271.1. The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California may, adopt
regulations as required by law to implement this chapter.
Article 4. Sex Equity in Education
66271.5. The provisions of this article are supplemental to any
provision in the Constitution or laws of the United States or laws of
the State of California, relating to discrimination.
66273. This article shall not apply to the membership practices
of a social fraternity or social sorority, exempt from taxation under
subdivision (a) of Section 501 of the federal Internal Revenue Code
of 1954, whose active membership consists primarily of students in
attendance at a postsecondary educational institution.
66281.5. (a) It is the policy of the State of California,
pursuant to Section 66251, that all persons, regardless of their sex,
should enjoy freedom from discrimination of any kind in the
postsecondary educational institution of the state. The purpose of
this section is to provide notification of the prohibition against
sexual harassment as a form of sexual discrimination and to provide
notification of available remedies.
(b) Each postsecondary educational institution in the State of
California shall have a written policy on sexual harassment. It is
the intent of the Legislature that each educational institution in
this state include this policy in its regular policy statement rather
than distribute an additional written document.
(c) The postsecondary educational institution's written policy on
sexual harassment shall include information on where to obtain the
specific rules and procedures for reporting charges of sexual
harassment and for pursuing available remedies.
(d) A copy of the postsecondary educational institution's written
policy on sexual harassment shall be displayed in a prominent
location in the main administrative building or other area of the
campus or schoolsite. "Prominent location" means that location, or
those locations, in the main administrative building or other area
where notices regarding the institution's rules, regulations,
procedures, and standards of conduct are posted.
(e) A copy of the postsecondary educational institution's written
policy on sexual harassment, as it pertains to students, shall be
provided as part of any orientation program conducted for new
students at the beginning of each quarter, semester, or summer
session, as applicable.
(f) A copy of the postsecondary educational institution's written
policy on sexual harassment shall be provided for each faculty
member, all members of the administrative staff, and all members of
the support staff at the beginning of the first quarter or semester
of the school year, or at the time that there is a new employee
hired.
(g) A copy of the postsecondary educational institution's written
policy on sexual harassment shall appear in any publication of the
institution that sets forth the comprehensive rules, regulations,
procedures, and standards of conduct for the institution.
Article 5. Compliance and Enforcement
66290. Prior to receipt of any state financial assistance or
state student financial aid, a postsecondary educational institution
shall provide assurance to the agency administering the funds, in the
manner required by the funding agency, that each program or activity
conducted by the postsecondary educational institution will be
conducted in compliance with this chapter and all other applicable
provisions of state law prohibiting discrimination on the basis of
sex. A single assurance, not more than one page in length and signed
by an appropriate responsible official of the postsecondary
educational institution, may be provided for all the programs and
activities conducted by a postsecondary educational institution.
66291. (a) A community college district shall submit timely,
complete, and accurate compliance reports to the chancellor's office,
as that entity may require.
(b) All reports submitted pursuant to this section shall be made
available by the educational institution for public inspection during
regular business hours.
66292.3. (a) A party to a written complaint of prohibited
discrimination may appeal the action taken by the governing board of
a community college district or the president of a campus of the
California State University, pursuant to this article, to the Board
of Governors of the California Community Colleges or the Chancellor
of the California State University, as applicable.
(b) Persons who have filed a complaint, pursuant to this chapter,
with an educational institution shall be advised by the educational
institution that civil law remedies, including, but not limited to,
injunctions, restraining orders, or other remedies or orders, may
also be available to complainants. The educational institution shall
make this information available by publication in appropriate
informational materials.
(c) Nothing in this chapter shall be construed to require an
exhaustion of the appeal to the Board of Governors of the California
Community Colleges or to the Chancellor of the California State
University pursuant to subdivision (a), before civil law remedies may
be purchased.
(d) Notwithstanding any other provision of law, a person who
alleges that he or she is a victim of discrimination may not seek
civil remedies pursuant to this section until at least 90 days have
elapsed from the filing of a discrimination complaint with the local
educational agency. The 90-day moratorium imposed by this
subdivision does not apply to injunctive relief and is applicable
only if the local educational agency has appropriately, and in a
timely manner, apprised the complainant of his or her right to file a
complaint.
66292.4. This chapter may be enforced through a civil action.
SEC. 50. Section 72012 of the Education Code is amended to read:
72012. Every community college shall comply with Sections 221.5,
221.7, and 66016, relating to sex discrimination.
SEC. 51. Section 72015 of the Education Code is amended and
renumbered to read:
66271.7. (a) It is the policy of the state that community college
classes and courses, including nonacademic and elective classes and
courses, shall be conducted without regard to the sex of the student
enrolled in these classes and courses.
(b) No community college district shall prohibit any student from
enrolling in any class or course on the basis of the sex of the
student.
(c) No community college district shall require students of one
sex to enroll in a particular class or course, unless the same class
or course is also required of students of the opposite sex.
(d) No school counselor, teacher, instructor, administrator, or
aide shall, on the basis of the sex of a student, offer vocational or
school program guidance to students of one sex which is different
from that offered to students of the opposite sex or, in counseling
students, differentiate career, vocational or higher education
opportunities on the basis of the sex of the student counseled. Any
school personnel acting in a career counseling or course selection
capacity to any pupil shall affirmatively explore with the pupil the
possibility of careers, or courses leading to careers, that are
nontraditional for that pupil's sex.
(e) Participation in a particular physical education activity or
sport, if required of students of one sex, shall be available to
students of each sex.
(f) The Legislature finds and declares that female students are
not accorded opportunities for participation in community college
athletic programs equal to those accorded male students. It is the
intent of the Legislature that opportunities for participation in
community college athletics be provided equally to male and female
students and on an equitable basis to all students.
(g) Insofar as practicable, in apportioning public funds,
community college district governing boards shall apportion amounts
available for athletics to ensure that equitable amounts will be
allocated for all students, except that allowances may be made for
differences in the costs of various athletic programs.
Notwithstanding any other provisions of law, no public funds shall be
used in connection with any athletic program conducted under the
auspices of the governing board of a community college district, or
any student organization within the district, which does not provide
equal opportunity to both sexes for participation and for use of
facilities. Facilities and opportunities for participation shall
include, but are not limited to, equipment and supplies, scheduling
of games and practice time, compensation for coaches, travel
arrangements, per diem, locker rooms, and medical services.
(h) It is the further intent of the Legislature that females be
given the same opportunity to participate in athletics and compete
with other females in individual and team sports as is available to
males who compete with other males in individual and team sports.
Nothing in this section shall be construed to require a community
college to require competition between male and female students in
school-sponsored athletic programs.