BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1349|
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THIRD READING
Bill No: SB 1349
Author: Jackson (D), et al.
Amended: 5/27/14
Vote: 21
SENATE EDUCATION COMMITTEE : 7-1, 4/2/14
AYES: Liu, Wyland, Correa, Galgiani, Hancock, Hueso, Monning
NOES: Huff
NO VOTE RECORDED: Block
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Report on competitive athletics
SOURCE : Author
DIGEST : This bill requires public schools to make publically
available specific information regarding pupil participation in
competitive athletics, beginning with the 2015-16 school year
and annually thereafter. This bill also requires the Bureau of
State Audits (BSA) to conduct Title IX of the Education
Amendments of 1972 (Title IX) compliance audits, as specified.
This bill also makes legislative findings and declarations
relative to gender equity in athletics.
ANALYSIS : 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
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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.
3.The school is fully meeting female athletes' interests and
abilities in its present athletic program. (Title IX to the
1964 Civil Rights Act)
Enforcement of compliance is initiated upon the filing of a
complaint alleging a violation of federal Title IX.
Existing state law 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.
Title IX applies to all aspects of educational opportunities,
not just athletics.
This bill requires public schools to make publically available,
specific information regarding participation in competitive
athletics, beginning with the 2015-16 school year and annually
thereafter. Specifically, this bill:
1.Requires, beginning with the 2015-16 school year, each public
school with students who participate in competitive athletics
to publically available at the end of the school year, all of
the following information:
A. The total enrollment of the school, classified by
gender.
B. The number of students who participate in competitive
athletics, classified by gender.
C. The number of boys' and girls' teams, classified by
sport and by competition level.
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2.Requires schools to post the data on their respective Internet
Web site and requires the data to be retained at the school
for at least three years after the data is posted on the
district's Web site.
3.Requires, beginning July 1, 2019 and every three years
thereafter, the BSA to choose 10 high schools that offer
competitive athletics and conduct an audit of each school for
full compliance with federal Title IX.
4.Requires the BSA, within six months of the July 1 initiation
of an audit, report the results of the audit to the affected
schools, their school districts, the California Department of
Education, the Education, the Governor, and Judiciary
Committees of both the Senate and Assembly. Sunsets this
reporting requirement on January 1, 2024.
5.Defines "competitive athletics" as sports where the activity
has coaches, practices, competitions during a defined season,
a governing organization, and has competition as its primary
goal.
6.States legislative findings and declarations relative to
gender equity in athletics.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Reporting and posting: Minor and absorbable costs for
individual schools to report athletics program information to
their respective Internet Web site.
SUPPORT : (Verified 5/27/14)
American Association of University Women
Employment Law Center-Legal Aid Society
Equal Rights Advocates
PQ:d:k:d 5/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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