BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 248
Author: Oropeza (D), et al
Amended: 8/31/09
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
SENATE FLOOR : 25-12, 6/1/09
AYES: Alquist, Calderon, Cedillo, Corbett, Correa,
DeSaulnier, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Romero, Simitian, Steinberg, Strickland, Wiggins, Wolk,
Wright, Yee
NOES: Aanestad, Ashburn, Benoit, Cogdill, Cox, Denham,
Dutton, Harman, Hollingsworth, Huff, Runner, Walters
NO VOTE RECORDED: Ducheny, Wyland
ASSEMBLY FLOOR : 54-21, 9/3/09 - See last page for vote
SUBJECT : Educational equity: Title IX
SOURCE : Author
CONTINUED
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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 (UC). 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.
Assembly Amendments deleted Senate language requiring the
president of a CSU campus to post the list of rights at the
entrance to the University gymnasium and in locker rooms
and requesting the Chancellor of each UC campus to post
them in the university gymnasiums and locker rooms.
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
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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, 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
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.
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
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
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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 9/4/09)
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 Interscholastic Federation
California Teachers Association
City of Carson
ARGUMENTS IN SUPPORT : 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.
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ASSEMBLY FLOOR :
AYES: Arambula, Beall, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Coto, De La Torre, De Leon, Emmerson, Eng,
Evans, Feuer, Fletcher, Fong, Fuentes, Furutani,
Galgiani, Hall, Hayashi, Hernandez, Hill, Huber, Huffman,
Jones, Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza,
Monning, Nava, John A. Perez, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Swanson, Torlakson, Torres, Torrico,
Villines, Yamada, Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Cook, Duvall, Fuller, Gaines, Gilmore, Hagman,
Harkey, Jeffries, Knight, Logue, Miller, Nestande,
Niello, Nielsen, Audra Strickland, Tran
NO VOTE RECORDED: Ammiano, Davis, DeVore, Garrick, Vacancy
DLW:nl 9/4/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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