BILL ANALYSIS
SB 248
Page 1
SENATE THIRD READING
SB 248 (Oropeza)
As Amended August 31, 2009
Majority vote
SENATE VOTE :25-12
EDUCATION 7-3 HIGHER EDUCATION 7-1
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|Ayes:|Brownley, Arambula, |Ayes:|Portantino, Block, Fong, |
| |Buchanan, Carter, Eng, | |Galgiani, Huber, Ma, |
| |Solorio, Torlakson | |Ruskin |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nestande, Garrick, Miller |Nays:|Cook |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|De Leon, Ammiano, | | |
| |Charles Calderon, Coto, | | |
| |Davis, | | |
| |Fuentes, Hall, John A. | | |
| |Perez, | | |
| |Skinner, Solorio, | | |
| |Torlakson, Hill | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Conway, Harkey, Miller, | | |
| |Nielsen, | | |
| |Audra Strickland | | |
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SUMMARY : Requires school districts to post the list of rights
extended to pupils under Title IX on the district website;
requires community colleges and campuses of the California State
University (CSU) to post the list of rights extended to pupils
under Title IX in the athletic sport section of the campus Web
site; and, requests the chancellor of each campus of the
University of California (UC) to post the list of rights
extended to pupils under Title IX in the athletic sport section
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of the campus Web site. Specifically, this bill :
1)Requires, by July 1, 2010, a school district to place on its
website a list of rights extended 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 in the athletic
sport section of the campus Web site a list of rights extended
to students under Title IX.
3)Requests, by July 1, 2010, the chancellor of each campus of
the UC to place in the athletic sport section of the campus
Web site a list of rights extended to students under Title IX.
4)Requires that a list of these rights be posted in no less than
12-point boldface type, and the bottom of each page is to
contain the name and contact information for the gender equity
coordinator of the school district, college or university.
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 the three tests. 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. (Title IX of the Education Amendments
of 1972 to the 1964 Civil Rights Act)
EXISTING STATE LAW establishes standards substantially similar
to those of Federal Title IX; and, requires the California
Department of Education (CDE) to post on its Web site, by July
1, 2006, in both English and Spanish, information regarding the
federal regulations implementing Title IX. (Education Code 230,
270, 271 and Article 4 commencing with 66271.5)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, total annual minor absorbable General Fund and
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General Fund/Proposition 98 costs, likely less than $100,000, to
educational entities to complete the requirements of this
measure.
COMMENTS : 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
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.
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.
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 in the athletic sport
section of the college or university campus Web site. The
Assembly should consider whether it might also be appropriate to
require the list of rights to be posted in a general location on
the campus Web site or be published in course catalogs.
Previous Legislation: AB 322 (Oropeza) Chapter 386, Statutes of
2005, required the CDE to post on its Web site, by July 1, 2006,
in both English and Spanish, information in the federal
regulations implementing Title IX. 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 Web site.
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
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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
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.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN: 0002591