BILL NUMBER: SB 248 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Oropeza
(Principal coauthor: Senator Florez)
FEBRUARY 24, 2009
An act to amend Section 271 of, and to add Article 6 (commencing
with Section 66295) to Chapter 4.5 of Part 40 of Division 5 of Title
3 of, the Education Code, relating to educational equity.
LEGISLATIVE COUNSEL'S DIGEST
SB 248, as amended, 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, the president or chief
executive officer of a community college campus, and the president of
a campus of the California State University, by July 1, 2010, to
place on their Internet Web site, and post on the entrance to the
gymnasiums of the schools, colleges, or universities, as the case may
be, and in the locker rooms, the list of rights accorded to pupils
under Title IX. The bill would request the chancellor of a campus of
the University of California also to place the list of those rights
on the campus Internet Web site and post them in the university
gymnasiums and locker rooms by July 1, 2010. By requiring school
districts and community college campuses 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:
(1) You have the right to fair and equitable treatment and you
shall not be discriminated against based on your sex.
(2) You have the right to be provided with an equitable
opportunity to participate in all academic extracurricular
activities, including athletics.
(3) You have the right to inquire of the athletic director of your
school as to the athletic opportunities offered by the school.
(4) You have the right to apply for athletic scholarships.
(5) You have the right to receive equitable treatment and benefits
in the provision of all of the following:
(A) Equipment and supplies.
(B) Scheduling of games and practices.
(C) Transportation and daily allowances.
(D) Access to tutoring.
(E) Coaching.
(F) Locker rooms.
(G) Practice and competitive facilities.
(H) Medical and training facilities and services.
(I) Publicity.
(6) You have the right to have access to a gender equity
coordinator to answer questions regarding gender equity laws.
(7) You have the right to contact the State Department of
Education and the California Interscholastic Federation to access
information on gender equity laws.
(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.
(9) You have the right to pursue civil remedies if you have been
discriminated against.
(10) You have the right to be protected against retaliation if you
file a discrimination complaint.
(b) By July 1, 2010, a school district shall place on its Internet
Web site and post on the entrance to the gymnasiums of the schools
in the district 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 boldface type, and the
bottom of each poster shall contain the name and contact information
for the gender equity coordinator of the school.
SEC. 2. Article 6 (commencing with Section 66295) is added to
Chapter 4.5 of Part 40 of Division 5 of Title 3 of the Education
Code, to read:
Article 6. Athletes' Bill of Rights
66295. (a) By July 1, 2010, the president or chief
executive officer of a community college campus and the president of
a campus of the California State University shall place on the
Internet Web site of the colleges in the district or
university campus and post on the entrance to
the college or university gymnasiums and in the locker rooms, 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.):
(1) You have the right to fair and equitable treatment and you
shall not be discriminated against based on your sex.
(2) You have the right to be provided with an equitable
opportunity to participate in all academic extracurricular
activities, including athletics.
(3) You have the right to inquire of the athletic director of your
school as to the athletic opportunities offered by the school.
(4) You have the right to apply for athletic scholarships.
(5) You have the right to receive equitable treatment and benefits
in the provision of all of the following:
(A) Equipment and supplies.
(B) Scheduling of games and practices.
(C) Transportation and daily allowances.
(D) Access to tutoring.
(E) Coaching.
(F) Locker rooms.
(G) Practice and competitive facilities.
(H) Medical and training facilities and services.
(I) Publicity.
(6) You have the right to have access to a gender equity
coordinator to answer questions regarding gender equity laws.
(7) You have the right to contact the State Department of
Education and the California Interscholastic Federation to access
National Collegiate Athletic Association and the
United States Office of Civil Rights to access information on
gender equity laws.
(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.
(9) You have the right to pursue civil remedies if you have been
discriminated against.
(10) You have the right to be protected against retaliation if you
file a discrimination complaint.
(b) These rights shall be posted in no less than 12-point
bold boldface type, and the bottom of each
poster shall contain the name and contact information for the gender
equity coordination coordinator of the
college or university.
66296. The Legislature requests that the chancellor of each
campus of the University of California, by July 1, 2010, place on its
Internet Web site and post on the entrance to the university
gymnasiums and in the locker rooms, the list of rights specified in
Section 66295. These rights should be posted in no less than 12-point
bold boldface type, and the bottom of
each poster should contain the name and contact information for the
gender equity coordination coordinator
of the university.
SEC. 3. 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.