BILL NUMBER: SB 1618 CHAPTERED 09/23/00 CHAPTER 585 FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2000 APPROVED BY GOVERNOR SEPTEMBER 22, 2000 PASSED THE SENATE AUGUST 31, 2000 PASSED THE ASSEMBLY AUGUST 30, 2000 AMENDED IN ASSEMBLY AUGUST 29, 2000 AMENDED IN ASSEMBLY AUGUST 24, 2000 AMENDED IN ASSEMBLY AUGUST 7, 2000 AMENDED IN ASSEMBLY JUNE 12, 2000 AMENDED IN SENATE APRIL 13, 2000 INTRODUCED BY Senator O'Connell (Coauthors: Assembly Members Alquist, Kuehl, and Thomson) FEBRUARY 22, 2000 An act to amend Sections 33353, 33354, and 35179 of, and to repeal and amend Section 33352 of, the Education Code, and to amend Section 1 of Chapter 151 of the Statutes of 1996, relating to interscholastic athletics. LEGISLATIVE COUNSEL'S DIGEST SB 1618, O'Connell. Interscholastic athletics. Existing law requires the State Department of Education to exercise general supervision over the course of physical education in elementary and secondary schools of the state, as specified. Existing law, until January 1, 2001, describes the California Interscholastic Federation (CIF) as a voluntary organization consisting of school and school-related personnel with the responsibility for administering interscholastic athletic activities in secondary schools and sets forth legislative intent that the CIF, in consultation with the department, implement certain policies. Existing law required the CIF to report to the Legislature on its evaluation and accountability activities undertaken pursuant to those provisions on or before January 1, 1999. This bill would extend those provisions pertaining to the CIF until January 1, 2002, and would delete obsolete, related provisions. The bill would also require that the report be submitted to the Governor and the Legislature on or before January 1, 2002. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 33352 of the Education Code, as amended by Chapter 487 of the Statutes of 1993, is repealed. SEC. 2. Section 33352 of the Education Code, as amended by Chapter 151 of the Statutes of 1996, is amended to read: 33352. (a) The State Department of Education shall exercise general supervision over the courses of physical education in elementary and secondary schools of the state; advise school officials, school boards, and teachers in matters of physical education; and investigate the work in physical education in the public schools. (b) This section shall remain in effect only until January 1, 2002, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2002, deletes or extends that date. SEC. 3. Section 33353 of the Education Code is amended to read: 33353. (a) The California Interscholastic Federation is a voluntary organization consisting of school and school related personnel with responsibility for administering interscholastic athletic activities in secondary schools. It is the intent of the Legislature that the California Interscholastic Federation, in consultation with the State Department of Education, implement the following policies: (1) Give the governing boards of school districts specific authority to select their athletic league representatives. (2) Require that all league, section, and state meetings affiliated with the California Interscholastic Federation be subject to the notice and hearing requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). (3) Establish a neutral final appeals body to hear complaints related to interscholastic athletic policies. (b) The California Interscholastic Federation shall report to the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to this section on or before January 1, 2002. (c) This section shall remain in effect only until January 1, 2002, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2002, deletes or extends that date. SEC. 4. Section 33354 of the Education Code is amended to read: 33354. (a) The State Department of Education shall have the following authority over interscholastic athletics: (1) The department may state that the policies of school districts, of associations or consortia of school districts, and of the California Interscholastic Federation, concerning interscholastic athletics, are in compliance with both state and federal law. (2) If the department states that a school district, an association, or consortium of school districts, or the California Interscholastic Federation is not in compliance with state or federal law, the department may require the school district, association, or consortium, or the federation to adjust its policy so that it is in compliance. However, the department shall not have authority to determine the specific policy that a school district, association, or consortium, or the federation must adopt in order to comply with state and federal laws. (3) If the department states that a school district, association, or consortium, or the federation is not in compliance with state or federal law in matters relating to interscholastic activities, and the school district, association, or consortium, or the federation does not change its policy in order to comply with these laws, the department may commence with appropriate legal proceedings against the California Interscholastic Federation, the school district or against school districts that are members of the California Interscholastic Federation or the association or consortium that the department states is in noncompliance. In a legal proceeding the court shall determine the matter de novo. The department may make recommendations for appropriate remedies in these proceedings. (b) This section shall not be construed or interpreted to limit the discretion of local governing boards, or voluntary associations formed or maintained pursuant to subdivision (b) of Section 35179, in any policy, program, or activity that is in compliance with state and federal law. (c) The state law with which the policies of school districts, associations, or consortia of school districts, and of the California Interscholastic Federation, concerning interscholastic athletics, are required to comply, in accordance with this section, includes, but is not limited to, any regulations issued by the State Board of Education pursuant to Section 232 with regard to sex discrimination in interscholastic athletics. (d) This Section shall remain in effect only until January 1, 2002, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2002, deletes or extends that date. SEC. 5. Section 35179 of the Education Code is amended to read: 35179. (a) Each school district governing board shall have general control of, and be responsible for, all aspects of the interscholastic athletic policies, programs, and activities in its district, including, but not limited to, eligibility, season of sport, number of sports, personnel, and sports facilities. In addition, the board shall assure that all interscholastic policies, programs, and activities in its district are in compliance with state and federal law. (b) Governing boards may enter into associations or consortia with other boards for the purpose of governing regional or statewide interscholastic athletic programs by permitting the public schools under their jurisdictions to enter into a voluntary association with other schools for the purpose of enacting and enforcing rules relating to eligibility for, and participation in, interscholastic athletic programs among and between schools. (c) Each governing board, or its designee, shall represent the individual schools located within its jurisdiction in any voluntary association of schools formed or maintained pursuant to this section. (d) No voluntary interscholastic athletic association, of which any public school is a member, shall discriminate against, or deny the benefits of any program to, any person on the basis of race, sex, or ethnic origin. (e) Interscholastic athletics is defined as those policies, programs, and activities that are formulated or executed in conjunction with, or in contemplation of, athletic contests between two or more schools, either public or private. (f) This section shall remain in effect only until January 1, 2002, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2002, deletes or extends that date. SEC. 6. Section 1 of Chapter 151 of the Statutes of 1996 is amended to read: Sec. 1. (a) The Legislature finds and declares all of the following: (1) The California Interscholastic Federation (CIF) is a voluntary organization that was first organized in 1914. It consists of school personnel that has had general responsibility for administering interscholastic athletic activities in high school sports and is accountable to governing boards of school districts and other local agencies. (2) The CIF is associated with over 1,200 member schools and over 400,000 girls and boys. Through participation in athletic-centered interscholastic activities, high school pupils in California develop values, attitudes, and skills for personal growth. (3) The mission of the CIF is to fulfill its commitment to educating California's youth for a better tomorrow and to work in partnership with the entire community to assure equity and provide services, opportunities, and leadership necessary to establish and maintain quality high school athletic programs. (4) The CIF is governed by state and federal statutes regarding athletics and complies with State Board of Education guidelines regarding discrimination and gender equity. In addition, the CIF is governed by its own constitution and corresponding bylaws that are developed and approved by a 30-member federated council representing all facets of the education community. (5) In 1994, the CIF completed a statewide strategic plan to examine policies and practices and in 1996, a report was presented to the Legislature. (b) This act shall be known and may be cited as the California Interscholastic Athletic Act.