SB 1349, as amended, Jackson. School athletics: information relating to competitive athletics.
Existing law, known as the Sex Equity in Education Act, declares that it is the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted without regard to the sex of the pupil enrolled in those classes and courses. The act also prohibits public funds from being used in connection with any athletic program conducted under the auspices of a school district governing board or any student organization within the district that does not provide equal opportunity to both sexes for participation and for use of facilities.
This bill would express legislative findings and declarations relating to the participation of girls and women in competitive athletics. The bill would require, commencing with the 2015-16 school year and everybegin delete 3 yearsend deletebegin insert
yearend insert thereafter, each public elementary and secondary school in the state that offers competitive athletics, as defined, tobegin delete reportend deletebegin insert makeend insert specified databegin delete to the governing board of its school district. The bill would also require the governing board of the school district to causeend deletebegin insert publicly available at the end of the school year, and to postend insert this informationbegin delete to be postedend delete on thebegin delete school district’send deletebegin insert
school’send insert Internet Web site. The bill would require the State Auditor, on July 1, 2019, and every 3 years thereafter, to choose 10 high schoolsbegin delete whose numbers are not proportionally representative of the male and female participants in the school’s athletic program,end deletebegin insert that offer competitive athleticsend insert andbegin delete toend delete audit each of those schools for full compliance with specifiedbegin delete laws.end deletebegin insert federal law.end insert The bill would require the State Auditor, within 6 months of the applicable July 1, to report the results of the audit to various
entities, including, among others, the audited schools, the Governor, and the Senate and Assembly Committees on Education.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) Female pupils receive substantial benefits from participating
4in athletics, including physical benefits, psychological and
5emotional health benefits, learning responsible social behavior,
6and achieving greater academic success. The achievements of
7women in athletics is demonstrated by their performances in the
8Olympic Games, women’s professional sports leagues, and other
9national and international women’s sporting events that receive
10public attention.
11(b) In 1912, only 2 percent of Olympic athletes were women;
12in
2012, 44 percent of Olympians were women.
13(c) Between 1972 and 2011, the number of girls competing in
14high school sports jumped from under 295,000 to nearly 3,200,000.
15Butbegin delete girls’ opportunitiesend deletebegin insert the level of opportunity for girlsend insert stillbegin delete haveend delete
16begin insert hasend insert not reached the levelbegin delete thatend deletebegin insert of opportunity forend insert boys begin deletewere at backend delete
17begin insert
that existedend insert when Title IX of the Education Amendments of 1972
18to the Civil Rights Act of 1964 was enacted.
19(d) There are more women playing collegiate sports--about
20200,000--than ever before. The number of female athletes at
21National Collegiate Athletic Association (NCAA) schools has
P3 1increased from less than 30,000 to over 193,000 since 1972, but
2women still have over 60,000 fewer participation opportunities
3than their male counterparts.
4(e) Despite the fact that millions of women and girls are
5competing, they are unlikely to see athletic role models of their
6own gender in the media. Researchers from the University of
7California and Purdue University completed a 20-year study of
8sports coverage that shows the short shrift that women’s sports
9receives
compared to men’s on network news and ESPN
10SportsCenter: in 2009, women’s sports got only 1.6 percent of the
11airtime, down from 6.3 percent in 2004.
12(f) Unfortunately, Title IX has not managed to extend the social
13and health benefits of sports to all girls equally. In 2008, a national
14survey of pupils in grades 3 to 12, inclusive, by the Women’s
15Sports Foundation found that 75 percent of Caucasian girls play
16sports, compared to less than two-thirds of African American and
17Hispanic girls, and about one-half of Asian girls. And, while boys
18from immigrant families are well represented in youth sports, less
19than one-half of the girls from those families arebegin delete playing.end deletebegin insert playing
20sports.end insert
21(g) The gender gap is also worse in urban schools and among
22kids from low-income families. These disparities in youth sports
23persist at the collegiate level. African American women are
24underrepresented in all sports except for Division I basketball and
25track and field, and Latinas make up just 4 percent of the female
26athletes in the NCAA.
Section 221.9 is added to the Education Code, to read:
(a) Commencing with the 2015-16 school year and
29everybegin delete three yearsend deletebegin insert yearend insert thereafter, each public elementary and
30secondary school in the state that offers competitive athletics shall
31begin delete report to the governing board of its school districtend deletebegin insert publicly make
32available at the end of the school yearend insert all of the following
33information:
34(1) The total enrollment of the school, classified by gender.
35(2) The number of pupils enrolled at the school who participate
36in competitive athletics, classified by gender.
37(3) The number of boys’ and girls’ teams, classified by sport
38and by competition level.
P4 1(b) The data required pursuant to subdivision (a) shall reflect
2the total number of players on a team roster on the official first
3day of competition.
34 4(b)
end delete
5begin insert(c)end insert Thebegin delete governing board of theend delete schoolbegin delete districtend delete shallbegin delete causeend deletebegin insert postend insert
6 the informationbegin delete submitted by each school pursuant toend deletebegin insert specified inend insert
7 subdivision (a) begin deleteto be made publicly available by being postedend delete on
8thebegin insert school’send insert Internet Web begin deletesite of each school district.end deletebegin insert
site.end insert
38 9(c)
end delete
10begin insert(d)end insert The materials used bybegin delete eachend deletebegin insert aend insert school to compile the
11information begin deletesubmitted pursuant toend deletebegin insert specified inend insert subdivision (a) shall
12be retained by the school for at least three years after the
13information is posted on
the Internet pursuant to subdivisionbegin delete (b).end delete
14begin insert (c).end insert
3 15(d)
end delete
16begin insert(e)end insert As used in this section, “competitive athletics” means sports
17where the activity hasbegin delete coaches,end deletebegin insert coaches and a governing
18organization,end insertbegin delete practices, competitionsend deletebegin insert
practices, and competesend insert
19 during a defined season,begin delete a governing organization,end delete and has
20competition as its primary goal.
7 21(e)
end delete
22begin insert(f)end insert (1) On July 1, 2019, and every three years thereafter, the
23State Auditor shallbegin delete randomlyend delete choose 10 high schools that offer
24competitive athletics,begin delete and whose numbers are not proportionally
and shall audit each of the schools for full
25representative of the male and female participants in the school’s
26athletic program,end delete
27compliance with Title IX of the Education Amendments of 1972
28(20 U.S.C. Sec. 1681 et seq.).
29(2) The State Auditor shall, within six months of the applicable
30July 1, report the results of the audit required pursuant to paragraph
31(1) to the audited schools, the governing board of the school district
32of the audited schools, the department, the Governor, the Senate
33and Assembly Committees on Education, and the Senate and
34Assembly Judiciary Committees.
35(3) The requirement for submitting a report pursuant to this
36subdivision is inoperative on January 1, 2024, pursuant to Section
3710231.5 of the Government Code.
O
95