BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 248|
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THIRD READING
Bill No: SB 248
Author: Oropeza (D)
Amended: 5/28/09
Vote: 21
SENATE EDUCATION COMMITTEE : 8-1, 4/22/09
AYES: Romero, Alquist, Hancock, Liu, Maldonado, Padilla,
Simitian, Wyland
NOES: Huff
SENATE APPROPRIATIONS COMMITTEE : 8-4, 5/28/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Wyland, Yee
NOES: Cox, Denham, Runner, Walters
NO VOTE RECORDED: Wolk
SUBJECT : Educational equity: Title IX
SOURCE : Author
DIGEST : This bill requires school districts, community
colleges, and campuses of the California State University
(CSU) to post the list of rights afforded to pupils under
Title IX on the district or campus website. This bill also
requests compliance on the part of the University of
California. It also requests the chancellor of the
University of California to place the list of rights at the
entrance to the universities gymnasiums and in the locker
rooms.
CONTINUED
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ANALYSIS : Existing federal law - now called the Patsy T.
Mink Equal Opportunity in Education Act, after the late
Hawaiian Congresswoman - (Title IX of the Education
Amendments of 1972 to the 1964 Civil Rights Act) provides
that, in part, "no person in the United States shall, on
the basis of sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination
under any educational program of activity receiving Federal
financial assistance." In order to be in compliance with
Federal Title IX, a school must show compliance with one of
these three parts. The federal tests are: (1) athletic
participation of women and girls is proportionate to
enrollment, (2) the school has a history and continuing
practice of program expansion for women or girls, and (3)
the school is fully meeting female athletes' interests and
abilities in its present athletic program.
Existing state law (AB 833, Steinberg, Chapter 660,
Statutes of 2003) establishes standards virtually identical
to those of Federal Title IX, with one modification: in
Test 2, "history" is defined to mean the past two years.
Existing law (AB 322, Oropeza, Chapter 386, Statutes of
2005) requires the California Department of Education (CDE)
to post on its website, by July 1, 2006, in both English
and Spanish, information in the federal regulations
implementing Title IX. The CDE is authorized to use a list
of specific rights that are based on Title IX regulations
as a source for the information for the website.
Title IX applies to all aspects of educational
opportunities, not just athletics.
This bill:
1.Requires a school district to place, by July 1, 2010, on
its website, a list of rights awarded to students until
Title IX. Examples of those rights include, but are not
limited to, the following:
A. You have the right to fair and equitable treatment
and you shall not be discriminated against based on
your sex.
B. You have the right to be provided with an equitable
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opportunity to participate in all academic
extracurricular activities, including athletics.
C. You have the right to have access to a gender
equity coordinator to answer questions regarding
gender equity laws.
D. You have the right to file a confidential
discrimination complaint, as specified.
E. You have the right to pursue civil remedies if you
have been discriminated against.
2.Requires the president or chief executive officer of a
California Community College campus, and the president of
a campus of CSU to place, by July 1, 2010, on the website
of the campus a list of specified rights that are based
on Title IX (this list is identical to the list of rights
relative to K-12 pupils). Requires the president of a
campus of CSU to also post the list of rights at the
entrance to the university gyms and locker rooms.
3.Requests the chancellor of each campus of the University
of California to take the same action the bill requires
of CSU.
4.Requires that a list of these rights be posted in at
least 12-point boldface type, and the bottom of each page
or poster is to contain the name and contact information
for the gender equity coordinator of the school, college
or university.
Related legislation
SB 195 (Florez), 2009, expands the information that must be
included in the assurance of compliance with Title IX
currently provided by postsecondary educational
institutions to the Student Aid Commission, and adds a
$50,000 civil penalty for knowingly providing false
information. It is in the Senate Appropriations Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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This bill imposes a reimbursable mandate on K-12 and
community college districts. There are over 2,500 junior
high and high school sites in the state and 110 community
college campuses. Assuming $100 to $200 per campus/school
site for costs associated with compliance with the bill
(staff time, costs of posting, printing, etc.), costs for
this mandate would range between $250,000 and $500,000, one
time. As state entities, UC and CSU are not eligible to
claim mandate reimbursement from the state, though K-12 and
community college districts are.
SUPPORT : (Verified 5/29/09)
American Civil Liberties Union
American Federation of State, County and Municipal
Employees
Association for Health, Physical Education, Recreation and
Dance
California Athletic Trainers Association
California Commission on the Status of Women
California Teachers Association
DLW:nl 5/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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