BILL NUMBER: AB 1337	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 18, 2011

   An act to amend Section 201 of the Education Code, relating to
educational equity.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1337, as introduced, Alejo. Educational equity.
   Existing law provides that it is the policy of the State of
California to afford all persons in public schools, regardless of
their disability, gender, nationality, race or ethnicity, religion,
sexual orientation, or any other characteristic that is contained in
a specified definition of hate crimes, equal rights and opportunities
in the educational institutions of the state. Existing law also
provides that all pupils have the right to participate fully in the
educational process, free from discrimination and harassment.
Existing law further provides that California's public schools have
an affirmative obligation to combat racism, sexism, and other forms
of bias, and a responsibility to provide equal educational
opportunity.
   This bill would make technical, nonsubstantive changes in a
provision relating to legislative declarations and intent with
respect to educational equity.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 201 of the Education Code is amended to read:
   201.  (a) All pupils have the right to participate fully in the
educational process, free from discrimination and harassment.
   (b) California's public schools have an affirmative obligation to
combat racism, sexism, and other forms of bias, and a responsibility
to provide equal educational opportunity.
   (c) Harassment on school grounds directed at an individual on the
basis of personal characteristics or status creates a hostile
environment  ,  and jeopardizes equal educational
opportunity as guaranteed by the California Constitution and the
United States Constitution.
   (d) There is an urgent need to prevent and respond to acts of hate
violence and bias-related incidents  that   ,
which  are occurring at an increasing rate in California's
public schools.
   (e) There is an urgent need to teach and inform pupils in the
public schools about their rights, as guaranteed by the federal and
state constitutions, in order to increase pupils' awareness and
understanding of their rights and the rights of others, with the
intention of promoting tolerance and sensitivity in public schools
and in society as a means of responding to potential harassment and
hate violence.
   (f) It is the intent of the Legislature that each public school
undertake educational activities to counter discriminatory incidents
on school grounds and, within constitutional bounds, to minimize and
eliminate a hostile environment on school grounds that impairs the
access of pupils to equal educational opportunity.
   (g) It is the intent of the Legislature that this chapter shall be
interpreted as consistent with Article 9.5 (commencing with Section
11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, Title VI of the federal Civil Rights Act of 1964 (42
U.S.C. Sec. 1981  ,  et seq.), Title IX of the 
federal  Education Amendments of 1972 (20 U.S.C. Sec. 1681
 ,  et seq.), Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), the federal Equal Educational Opportunities Act (20 U.S.C.
Sec. 1701  ,  et seq.), the Unruh Civil Rights Act
(Secs. 51 to 53, incl., Civ. C.), and the Fair Employment and Housing
Act (Pt. 2.8 (commencing with Sec. 12900), Div. 3,  Title 2,
 Gov. C.), except where this chapter may grant more protections
or impose additional obligations, and that the remedies provided
herein shall not be the exclusive remedies, but may be combined with
remedies that may be provided by the above statutes.