BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       SB 107
          AUTHOR:        Price
          INTRODUCED:    January 13, 2011
          FISCAL COMM:   No             HEARING DATE:  March 16, 2011
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           SUBJECT  :  California Interscholastic Federation.
          
           SUMMARY  

          This bill extends the sunset on statutes relative to the 
          California Interscholastic Federation by 10 years, to 
          January 1, 2022.

           BACKGROUND  

          Current law:

          1)   Establishes the California Interscholastic Federation 
               (CIF) as a voluntary organization of school and 
               school-related staff who are responsible for high 
               school interscholastic athletics.  (Education Code � 
               33353)

          2)   Limits the authority of the California Department of 
               Education (CDE) over interscholastic athletics to the 
               following:

               a)        The CDE is authorized to determine if the 
                    policies of school districts and the CIF are in 
                    compliance with state and federal laws.

               b)        The CDE is authorized to require a school 
                    district or CIF to adjust any policy that the CDE 
                    determines is not in compliance with state and 
                    federal laws.

               c)        Prohibits the CDE from determining the 
                    specific policy that a school district must adopt 
                    in order to comply with state and federal laws.





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               d)        Authorizes the CDE to pursue legal 
                    proceedings against the CIF or school district if 
                    the CIF or district does not adjust a policy that 
                    is out of compliance with state and federal laws.

               e)        Authorizes the CDE to specify, with regard 
                    to a specific discrimination complaint, the 
                    administrative remedies that a school district or 
                    the CIF must provide in order to comply with 
                    state and federal law.  (EC � 33354)

          3)   Requires the CIF to report to the Legislature and 
               Governor by January 1, 2010, on several specified 
               goals and objectives, such as effectiveness of the 
               governance structure, gender equity, health and 
               safety, and economic viability.  (EC � 33353)  

          4)   Sunsets CIF statutes on January 1, 2012.  (EC � 33353)

          The CIF has adopted a constitution, bylaws, policies and 
          guidance, covering issues such as eligibility, appeals, 
          rules for each sport, and the health and safety of student 
          athletes.

           ANALYSIS
           
           This bill  extends the sunset on statutes relative to the 
          California Interscholastic Federation.  Specifically, this 
          bill:

          1)   Extends the sunset by 10 years, to January 1, 2022.

          2)   Continues the existing reporting requirement, with the 
               report due to the Legislature and Governor by January 
               1, 2017.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author, "If CIF 
               statutes sunset, there would no longer be consistent 
               statewide rules governing public and private high 
               school education-based interscholastic athletic 
               competition nor would there be an agency responsible 
               for organizing state athletic championship events."

           2)   Why not repeal the sunset  ?  Prior attempts to repeal 




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               the sunset date on CIF provisions have been met with 
               opposition primarily concerned that there was a lack 
               of accountability on the part of the CIF, the CDE, 
               participating school districts and athletic leagues in 
               dispensing with issues raised by the public, 
               specifically issues relating to gender equity (Title 
               IX).  By keeping a sunset date in statute, the 
               Legislature has maintained some level of oversight and 
               has required the CIF to take certain actions prior to 
               the consideration of further extensions of the sunset 
               date.  Keeping a sunset date in statute allows the 
               Legislature to re-examine CIF's role in addressing 
               issues as they arise, such as testing athletes for 
               performance-enhancing drugs, as well as review the 
               report CIF is required to submit to the Governor and 
               Legislature.  

           3)   Is 10 years too long  ?  Does extending the sunset for 
               10 years allow for meaningful oversight?  This 
               Committee passed a bill that extended the sunset on 
               CIF by 10 years in 2005.  That sunset extension was 
               reduced to a five-year extension while the bill was in 
               the Assembly.

           4)   Reporting requirement  .  This bill requires CIF to 
               submit a report to the Legislature and Governor by 
               January 1, 2017, yet sunsets the CIF provisions five 
               years later, on January 1, 2022.  Staff recommends an 
               amendment to require CIF to not only submit a report 
               in 2017 but also submit a report by January 1, 2021.  
               This would ensure that the Legislature and Governor 
               have an up-to-date report about CIF at the time 
               another sunset extension may be considered.

           5)   Prior legislation  .  

                           SB 562 (Torlakson, Chapter 301, 2006) 
                    among other things, extended the sunset on CIF 
                    statutes from January 1, 2007, to January 1, 
                    2012.

                           SB 225 (Kuehl, Chapter 889, 2001) among 
                    other things, extended the sunset date from 
                    January 1, 2002, to January 1, 2007.

           SUPPORT  




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          Association of California School Administrators
          California Association of Private School Organizations
          California Interscholastic Federation
          California School Boards Association
          California State Athletic Directors Association
          CIF Southern Section
          North Coast Section, CIF
          Orange County Athletic Directors Association
          West Coast Center for Orthopedic Surgery and Sports 
          Medicine
          West Coast Sports Medicine Foundation
          Numerous private and public schools and school districts

           OPPOSITION

           None on file.