BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 352
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          Date of Hearing:   April 30, 2009

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Curren D. Price, Chairman
                  AB 352 (Strickland) - As Amended:  April 22, 2009
           
          SUBJECT  :   Public records: California Interscholastic Federation

           SUMMARY  :   Declares the intent of the Legislature that the  
          California Interscholastic Federation (CIF), in consultation  
          with the California Department of Education (CDE), comply with  
          the California Public Records Act.  Specifically,  this bill  :  

             1)   Declares the intent of the Legislature that the CIF in  
               consultation with CDE comply with the California Public  
               Records Act [Education Code Section 33353 (a) (5)].

             2)   Requires that when the CIF complies with the California  
               Public Records Act requests, CIF shall protect the privacy  
               rights of student athletes and school district personnel  
               [Education Code Section 33353 (a) (5), page 2, lines 21-33  
               ].

           EXISTING LAW   

             1)   Declares the California Interscholastic Federation as a  
               voluntary organization that consists of school and  
               school-related personnel with responsibility for  
               administering           interscholastic athletic activities  
               in secondary schools; and, sunsets this declaration on  
               January 1, 2012.

             2)   Declares the intent of the Legislature that the  
               California Interscholastic Federation, in consultation with  
               the California Department of Education, implement the  
               following policies: 
                  a)        Give the governing boards of school districts  
                    specific authority to select their athletic league  
                    representatives.
                  b)        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  
                    (Brown Act).
                  c)        Establish a neutral final appeals body to hear  








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                    complaints related to interscholastic athletic  
                    polices.
                  d)        Provide information to parents and pupils  
                    regarding the state and federal complaint procedures  
                    for discrimination complaints arising out of  
                    interscholastic athletic activities.

             1)   Requires the California Interscholastic Federation to  
               report to the Legislature and the Governor on its  
               evaluation and accountability activities undertaken on or  
               before January 1, 2010; and, requires the report to  
               include:
                  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.
                  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)   Declares the intent of the Legislature that the  
               California Interscholastic Federation accomplish all of the  








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               following:
                  a)        During years in which the California  
                    Interscholastic Federation is not required to report  
                    to the Legislature and the Governor, it shall hold a  
                    public comment period relating to the 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, at each regularly scheduled section  
                    meeting.
                  d)        Engage in a comprehensive outreach effort to  
                    promote the public hearings.

           FISCAL EFFECT  :   This bill is keyed non-fiscal

           COMMENTS  :   This bill declares legislative intent for the  
          California Interscholastic Federation (CIF) to comply with the  
          California Public Records Act (Act).  Currently, the California  
          Interscholastic Federation complies with the Ralph M. Brown Open  
          Meetings Act which requires all meetings to be publicly noticed  
          and open to the public.  

           Background  .  Since 1914, the California Department of Education  
          (CDE) has allowed the (CIF), a voluntary association of schools,  
          to regulate interscholastic athletics statewide.  The CIF  
          consists of ten regional sections, each of which is divided into  
          several "leagues," for purposes of scheduling athletic contests,  
          assigning referees, etc.  Similar organizations exist in other  
          states.  Almost all public, private and parochial schools are  
          CIF members.
           
          The California Interscholastic Federation was organized at a  
          high school athletic convention held at the Y.M.C.A. Field  
          House, Los Angeles, on March 28, 1914.  The primary  
          responsibilities of CIF are to administer high school athletic  
          programs and to promulgate and enforce rules relating to a  
          student's involvement in athletics - age, semesters in school,  
          scholarship, residence, transfer status, and amateur standing.   








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          Such regulations, which are generated by the 1,400 member base    
                   of secondary schools, prevent undesirable exploitation  
          of high school students, provide for the welfare of  
          participants, and ensure that interscholastic athletics offer  
          major benefits to          students in a safe, rewarding  
          environment.  For purposes of administration, California is  
          divided into the following 10 sections: Southern Section,  
          Central Section, Los Angeles City Section, North Coast Section,  
          Sac-Joaquin Section, Northern Section, Oakland City Section, San  
          Francisco Section, San Diego Section and Central Coast Section.   
          The State Federated Council            has complete control of  
          all State championships in high school athletics and may specify  
          all details as to methods and places for conducting the  
          contests.  The CIF is one of the 50 state             
          associations that belong to the National Federation of State  
          High School Associations and actively participates in the  
          national organization.  Generally, rules recommended by the       
           national body are adopted by CIF.
           
          According to the author, because the California Interscholastic  
          Federation (CIF) is a public entity whose authority to govern  
          interscholastic sports in California was delegated by the         
             Legislature, it is important their records be subject to the  
          California Public Records Act (Act).  The Act is designed to  
          give the public access to information in possession of public  
          agencies for the purposes of transparency and accountability to  
          the public.  AB 352 will declare the intent of the Legislature  
          for the CIF to comply with the Act to promote transparency and  
          accountability.  There is a need for the CIF to comply with the  
          Act so that the public has access to records or precedence often  
          dealing with the eligibility of student athletes to participate  
          in sports and CIF sanctions on students, teams, or schools that  
          violate CIF policies.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Rod Brewer / G. O. / (916) 319-2531 








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