BILL ANALYSIS
SB 248
Page 1
Date of Hearing: July 7, 2009
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Anthony Portantino, Chair
SB 248 (Oropeza) - As Amended: May 28, 2009
SENATE VOTE : 25-12
SUBJECT : Educational equity: Title IX.
SUMMARY : Requires K-12 school districts and campuses of the
California State University (CSU) and California Community
Colleges (CCC), and requests the University of California (UC),
to post a list of specified athletic gender equity rights on
their internet website. Specifically, this bill :
1)Requires, by July 1, 2010, each K-12 school district post on
its internet website the list of rights set forth in the
Athletes' Bill of Rights. Requires these rights to be posted
in at least 12-point boldface type, and to contain the name
and contact information for the gender equity coordinator of
the school at the bottom of each page.
2)Requires, by July 1, 2010, the president or chief executive
officer of a CCC campus and the president of a CSU campus to
place on the campus internet website the following Athletes'
Bill of Rights based on Title IX of the Education Amendments
of 1972 to the 1964 Civil Rights Act:
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
opportunity to participate in all academic extracurricular
activities, including athletics.
c) You have the right to inquire of the athletic director
of your school as to the athletic opportunities offered by
the school.
d) You have the right to apply for athletic scholarships.
e) You have the right to receive equitable treatment and
benefits in the provision of equipment and supplies,
scheduling of games and practices, transportation and daily
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allowances, access to tutoring, coaching, locker rooms,
practice and competitive facilities, medical and training
facilities and services, and publicity.
f) You have the right to have access to a gender equity
coordinator to answer questions regarding gender equity
laws.
g) You have the right to contact the National Collegiate
Athletic Association and the United States Office of Civil
Rights to access information on gender equity laws.
h) You have the right file a confidential discrimination
complaint with the United States Office of Civil Rights if
you believe you have been discriminated against or if you
believe you have received unequal treatment on the basis of
your sex.
i) You have the right to pursue civil remedies if you have
been discriminated against.
j) You have the right to be protected against retaliation
if you file a discrimination complaint.
3)Requires the president of a CSU to post the Athletes' Bill of
Rights at the entrance to the university gymnasiums and in the
locker rooms.
4)Provides that the Athlete's Bill of Rights shall be posted in
at least 12-point bold face type, and the bottom of each page
contain the name and contact information for the gender equity
coordinator of the college or university.
5)Requests each UC chancellor to adopt similar provisions and
practices.
EXISTING LAW:
1)Title IX of the Educational Amendments of 1972 to the 1964
Civil Rights Act (Federal Title IX) prevents discrimination on
the basis of sex for any educational program receiving Federal
financial assistance. A school must show compliance with
Federal Title IX through meeting one of the following tests:
1) the intercollegiate-level participation opportunities for
male and female students at the institution are "substantially
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proportionate" to their respective full-time undergraduate
enrollments, 2) the institution has a "history and continuing
practice of program expansion" for the underrepresented sex,
or 3) the institution is "fully and effectively" accommodating
the interests and abilities of the underrepresented sex.
2)Establishes standards virtually identical to those of Federal
Title IX with one modification: in the second test (above),
"history" is defined to mean the past two years; the
California Department of Education (CDE) is required to post
on its website, in both English and Spanish, the information
contained in the Athletes' Bill of Rights by July 1, 2006.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill would impose a reimbursable state mandate
on K-12 and CCC districts of approximately $50,000 in one-time
costs. There are over 2,500 junior high and high school sites
in the state and 110 CCC campuses.
COMMENTS : Second committee of reference: This bill was heard
and approved by the Assembly Committee on Education on July 1,
2009. This analysis focuses on the higher education policies
contained in this bill. Policy issues relative to K-12
districts fall within the jurisdiction of the Assembly Committee
on Education and are not addressed in this analysis.
Purpose of this bill : According to the author, "It has been
nearly 40 years since the passage of Title IX, and there is
still ample room for improvement in increasing access to
athletic programs. The lack of readily available information on
key provisions of Title IX for students and parents makes
compliance more difficult. Failure to comply with the
provisions of Title IX in athletics has resulted in some costly
lawsuits and complaints." This bill is intended to raise
awareness of the provisions of Title IX.
Why only request UC to comply ? While CCC and CSU campuses are
required to post the Athletes' Bill of Rights on their website,
UC is only requested to comply. The author requests UC to
comply with the provisions of this bill as the California
Constitution (Section 9 of Article IX) establishes that the UC
is subject to legislative control only to the degree necessary
to ensure the security of its funds and compliance with the
terms of its endowments.
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Why require CSU and not CCC to post outside of gymnasiums and
locker rooms ? CSU is required to post the Athletes' Bill of
Rights at the entrance to gymnasiums and locker rooms; CCC is
not required to comply with this provision even though it
maintains gymnasiums and locker rooms. Committee staff
understands that the author is not requiring CCC campuses to
comply with this provision in order to avoid an additional
state-mandated cost.
Related legislation : SB 195 (Florez), held in Senate
Appropriations Committee, would have required a postsecondary
institution to include additional information to an existing
annual assurance relating to the institution's compliance with
laws concerning discrimination on the basis of sex. AB 685
(Davis), pending in the Senate Education Committee, requires the
School Facilities Planning Division of CDE to include, as part
of its review of an application for new construction plan
approval, a determination of whether the proposed project would
comply with Title IX.
Previous legislation : SB 1578 (Florez) of 2008, which was not
heard by the Legislature, would have established California
Title IX for purposes of monitoring college athletics gender
equity on postsecondary campuses that have NCAA intercollegiate
programs, and would have required the CSU and requested UC to
carry out new responsibilities concerning gender equity. AB 322
(Oropeza), Chapter 386, Statutes of 2005, required CDE to post
on its website in English and Spanish the rights specified under
Title IX by July 1, 2006. AB 833 (Steinberg), Chapter 660,
Statutes of 2003, codified the three-part test in California to
protect the gains girls and women have achieved under Title IX.
AB 2295 (Oropeza), Chapter 1060, Statutes of 2002, requires a
report on Title IX athletic compliance at the secondary and
post-secondary levels that was compiled by the RMC Research
Corporation of Portland, Oregon and was submitted to the
California Postsecondary Education Commission and CDE on
February 24, 2004.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
California Association for Health, Physical Education,
Recreation and Dance
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California Athletic Trainers Association
California Commission on the Status of Women
California Interscholastic Federation
City of Carson
Opposition
None on file
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960