BILL NUMBER: AB 352 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 7, 2010
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Audra Strickland
FEBRUARY 19, 2009
An act to amend Section 33353 of the Education Code, relating to
public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 352, as amended, Audra Strickland. Public records: California
Interscholastic Federation.
The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless they
are exempt from disclosure.
Existing law describes the California Interscholastic Federation
(CIF), provides the intent of the Legislature regarding its policies,
and requires it to report specified information to the Legislature
by January 1, 2010.
This bill would additionally declare the intent of the Legislature
regarding the compliance of the CIF with the California
Public Records Act, including the segregation and redaction of
private information in specified records in response to a California
Public Records Act request that the CIF comply with
the California Public Records Act, and in doing so, that it be
afforded the same public records disclosure exemptions as are
afforded to school districts .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33353 of the Education Code is amended to read:
33353. (a) The California Interscholastic Federation is a
voluntary organization that consists 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 department, 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 Part 1 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.
(4) Provide information to parents and pupils regarding the state
and federal complaint procedures for discrimination complaints
arising out of interscholastic athletic activities.
(5) Comply with the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), including segregating and redacting
private information in the following records in response to a
California Public Records Act request: pupil athletic eligibility
appeal documents; investigative reports; or records or information
obtained as a result of investigations into member school violations
of California Interscholastic Federation rules, that include
information regarding pupils, school district personnel, or both,
that may be protected by the Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. 1232g), the Health Insurance Portability and
Accountability Act of 1996 (45 C.F.R. 164.501 et seq.), this code,
any applicable exception set forth in the California Public Records
Act, and any other federal, state, or local statute protecting the
confidentiality of pupil records and information. and
in doing so, as a third party recipient of pupil and school personnel
information, be afforded the same public records
disclosure exemptions as are afforded to school districts, in order
to protect the confidentiality of pupil and school personnel records
and information.
(b) (1) 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, 2010. This report shall include, but not be limited to, the goals
and objectives of the California Interscholastic Federation with
regard to, and the status of, all of the following:
(A) The governing structure of the California Interscholastic
Federation, and the effectiveness of that governance structure in
providing leadership for interscholastic athletics in secondary
schools.
(B) Methods to facilitate communication with agencies,
organizations, and public entities whose functions and interests
interface with the California Interscholastic Federation.
(C) The quality of coaching and officiating, including, but not
limited to, professional development for coaches and athletic
administrators, and parent education programs.
(D) Gender equity in interscholastic athletics, including, but not
limited to, the number of male and female pupils participating in
interscholastic athletics in secondary schools, and action taken by
the California Interscholastic Federation in order to ensure
compliance with Title IX of the Education Amendments of 1972 (20
U.S.C. Sec. 1681 et seq.).
(E) Health and safety of pupils, coaches, officials, and
spectators.
(F) The economic viability of interscholastic athletics in
secondary schools, including, but not limited to, the promotion and
marketing of interscholastic athletics.
(G) New and continuing programs available to pupil-athletes.
(H) Awareness and understanding of emerging issues related to
interscholastic athletics in secondary schools.
(2) It is the intent of the Legislature that the California
Interscholastic Federation accomplish all of the following:
(A) During years in which the California Interscholastic
Federation is not required to report to the Legislature and the
Governor pursuant to paragraph (1), it shall hold a public comment
period relating to that report at three regularly scheduled
federation council meetings per year.
(B) Annually allow public comment on the policies and practices of
the California Interscholastic Federation at a regularly scheduled
federation council meeting.
(C) Require sections of the California Interscholastic Federation
to allow public comment on the policies and practices of the
California Interscholastic Federation and its sections, and the
report required pursuant to paragraph (1), at each regularly
scheduled section meeting.
(D) Engage in a comprehensive outreach effort to promote the
public hearings described in subparagraphs (A) and (C).
(c) This section shall become inoperative on January 1, 2012,
unless a later enacted statute, that is enacted before January 1,
2012, deletes or extends that date.