BILL NUMBER: SB 248	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Oropeza

                        FEBRUARY 24, 2009

   An act to amend Section 271 of the Education Code, relating to
educational equity.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 248, as introduced, Oropeza. Educational equity: Title IX.
   (1) Existing law prohibits discrimination on the basis of
disability, gender, nationality, race or ethnicity, religion, sexual
orientation, or other specified characteristics, in any program or
activity conducted by an educational institution, as defined, that
receives, or benefits from, state financial assistance or enrolls
pupils who receive state student financial aid. Existing law
prohibits public funds from being used in connection with any
athletic program conducted under the auspices of the governing board
of a school district or a student organization with the district that
does not provide equal opportunity to both sexes for participation
and for use of facilities. Existing law lists the rights that are
based on the relevant provision of the federal regulations
implementing the federal law prohibiting discrimination on the basis
of sex in education programs and activities (Title IX) and requires
the State Department of Education to post that list on its Internet
Web site.
   This bill would require a school district that elects to offer a
competitive athletic program to its pupils to place on its Internet
Web site, and post on the entrance to the school gymnasium and in the
locker rooms, the list of rights accorded to pupils under Title IX.
By requiring school districts to post this information, the bill
would impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 271 of the Education Code is amended to read:
   271.   (a)    The following list of rights,
which are based on the relevant provisions of the federal regulations
implementing Title IX of the Education Amendments of 1972 (20 U.S.C.
Sec. 1681 et seq.), may be used by the department for purposes of
Section 270: 
   (a) 
    (1)  You have the right to fair and equitable treatment
and you shall not be discriminated against based on your sex.

   (b) 
    (2)  You have the right to be provided with an equitable
opportunity to participate in all academic extracurricular
activities, including athletics. 
   (c) 
    (3)  You have the right to inquire of the athletic
director of your school as to the athletic opportunities offered by
the school. 
   (d) 
    (4)  You have the right to apply for athletic
scholarships. 
   (e) 
    (5) You have the right to receive equitable treatment
and benefits in the provision of all of the following: 
   (1) 
    (A)  Equipment and supplies. 
   (2) 
    (B)  Scheduling of games and practices. 
   (3) 
    (C)  Transportation and daily allowances. 
   (4) 
    (D)  Access to tutoring. 
   (5) 
    (E)  Coaching. 
   (6) 
    (F)  Locker rooms. 
   (7) 
    (G)  Practice and competitive facilities. 
   (8) 
    (H)  Medical and training facilities and services.

   (9) 
    (I)  Publicity. 
   (f) 
    (6)  You have the right to have access to a gender
equity coordinator to answer questions regarding gender equity laws.

   (g) 
    (7)  You have the right to contact the State Department
of Education and the California Interscholastic Federation to access
information on gender equity laws. 
   (h) 
    (8)  You have the right to file a confidential
discrimination complaint with the United States Office of Civil
Rights or the State Department of Education if you believe you have
been discriminated against or if you believe you have received
unequal treatment on the basis of your sex. 
   (i) 
    (9)  You have the right to pursue civil remedies if you
have been discriminated against. 
   (j) 
    (10)  You have the right to be protected against
retaliation if you file a discrimination complaint. 
   (b) A school district that elects to offer a competitive athletic
program to its pupils shall place on its Internet Web site, and post
on the entrance to the school gymnasium and in the locker rooms, the
list of rights set forth in subdivision (a). These rights shall be
posted in no less than 12-point bold type, and the bottom of each
poster shall contain the name and contact information for the gender
equity coordinator of the school. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.