BILL ANALYSIS
SB 248
Page 1
Date of Hearing: July 1, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 248 (Oropeza) - As Amended: May 28, 2009
[Note: This bill has been double referred to the Assembly Higher
Education Committee and will be heard as it relates to issues
under its jurisdiction.]
SENATE VOTE : 25-12
SUBJECT : Educational equity: Title IX.
SUMMARY : 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; requires CSUs to post the list of rights on
the entrance to the university gyms and locker rooms; and,
requests the chancellor of the University of California (UC) to
comply with both of these provisions. Specifically, this bill :
1)Requires, by July 1, 2010, a school district to place on its
website a list of rights awarded to students under Title IX.
2)Requires, by July 1, 2010, the president or chief executive
officer of a California Community College (CCC) campus, and
the president of a campus of CSU to place on the website of
the campus a list of rights awarded to students under Title
IX; and, requires the president of a campus of CSU to post the
list of rights at the entrance to the university gyms and
locker rooms.
3)Requests, by July 1, 2010, the chancellor of each campus of
the UC to place on the website of the campus a list of rights
awarded to students under Title IX and to post the list of
rights at the entrance to the university gyms and locker
rooms.
4)Requires that a list of these rights be posted in no less than
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.
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EXISTING FEDERAL LAW 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 athletic
participation of women and girls is proportionate to enrollment;
the school has a history and continuing practice of program
expansion for women or girls; and, the school is fully meeting
female athletes' interests and abilities in its present athletic
program. (Title IX of the Education Amendments of 1972 to the
1964 Civil Rights Act)
EXISTING STATE LAW :
1)Establishes standards substantially similar to those of
Federal Title IX. (Education code 230, 271 and Article 4
commencing with 66271.5)
2)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.
(Education code 270)
FISCAL EFFECT : Unknown
COMMENTS : According to the National Federation of State High
School Associations and the United States General Accounting
Office, participation rates of girls on the high school level
have increased 894% and college and university women's
participation rates have increased more than 400% since the
Federal government began using its three-part test in 1979. The
level of participation for men's intercollegiate athletics has
also increased from approximately 220,000 in 1981-82 to 232,000
in 1998-99.
By codifying Federal standards relative to gender equity in
school athletics, this bill ensures that Title IX provisions
would continue to be law in California even if the Federal
provisions are amended or repealed.
According to the author, nearly 40 years since the passage of
Title IX, there is still ample room for improvement in
increasing access to athletic programs. Lack of readily
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available information on key provisions of Title IX for students
and parents make compliance more difficult. Lack of awareness
is often a direct result of Title IX non-compliance.
More than Athletics . Title IX applies to all aspects of
educational opportunities, not just athletics, and covers staff
as well. This bill is focused primarily on athletics, as it
requires the list of rights be posted outside gymnasiums and
locker rooms in addition to posting on websites. The committee
should consider whether it might also be appropriate to require
the list of rights to be posted at all entrances to any CSU
campus, and be published in course catalogs or other prominent
locations on campuses.
Related legislation : SB 195 (Florez) from 2009, which was held
on the Senate Appropriations Suspense File, expanded 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 added a $50,000
civil penalty for knowingly providing false information.
Previous legislation : AB 322 (Oropeza) Chapter 386, Statutes of
2005, required the 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.
AB 2240 (Oropeza) from 2004 would have established the Athletic
Bill of Rights to make high schools students and parents of high
school students aware of their rights under Title IX in regard
to athletic programs at public high schools and specified that a
poster be printed and posted in school athletic facilities to
make students aware of these rights. The bill was vetoed by the
Governor with the following veto message:
"The Federal Title IX requirements that are intended
to ban sex discrimination in school academics and
athletics have provided a worthy benefit to improving
equity in athletics for women and men. However,
establishing an additional Equity in Athletics Bill of
Rights is generally duplicative and unnecessary.
Instead, the Legislature could approve a bill
requiring the posting of existing Title IX
requirements, on school campuses and on the California
Department of Education website, to help promote
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greater student and parental awareness of athletic
equity issues in California schools."
AB 833 (Steinberg) Chapter 660, Statutes of 2003, established
state standards substantially similar to those of Federal Title
IX.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
California Association for Health, Physical Education,
Recreation and Dance
California Athletic Trainers Association
California Commission on the Status of Women
City of Carson
Opposition
None on file.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087