Bill Text: CA SB1349 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School athletics: information relating to competitive athletics.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2014-08-22 - Chaptered by Secretary of State. Chapter 258, Statutes of 2014. [SB1349 Detail]

Download: California-2013-SB1349-Amended.html

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BILL NUMBER: SB 1349	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2014
	AMENDED IN SENATE  APRIL 9, 2014
	AMENDED IN SENATE  MARCH 26, 2014

INTRODUCED BY   Senator Jackson
   (Principal coauthor: Assembly Member Bonilla)
   (Coauthors: Senators Correa and Hancock)

                        FEBRUARY 21, 2014

   An act to add Section 221.9 to the Education Code, relating to
school athletics.


	LEGISLATIVE COUNSEL'S DIGEST


   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 every 3 years thereafter, each public elementary and
secondary school in the state that  has pupils who
participate in   offers  competitive athletics, as
defined, to report specified data to the governing board of its
school district. The bill would also require the governing board of
the school district to cause this information to be posted on the
school district's Internet Web site. The bill would require the State
Auditor, on July 1, 2019, and every 3 years thereafter, to choose 10
high schools whose numbers are not proportionally representative of
the male and female participants in the school's athletic program,
and to audit each of those schools for full compliance with specified
laws. 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:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Female pupils receive substantial benefits from participating
in athletics, including physical benefits, psychological and
emotional health benefits, learning responsible social behavior, and
achieving greater academic success. The achievements of women in
athletics is demonstrated by their performances in the Olympic Games,
women's professional sports leagues, and other national and
international women's sporting events that receive public attention.
   (b) In 1912, only 2 percent of Olympic athletes were women; in
2012, 44 percent of Olympians were women.
   (c) Between 1972 and 2011, the number of girls competing in high
school sports jumped from under 295,000 to nearly 3,200,000. But
girls' opportunities still have not reached the level that boys were
at back when Title IX of the Education Amendments of 1972 to the
Civil Rights Act of 1964 was enacted.
   (d) There are more women playing collegiate sports--about
200,000--than ever before. The number of female athletes at National
Collegiate Athletic Association (NCAA) schools has increased from
less than 30,000 to over 193,000 since 1972, but women still have
over 60,000 fewer participation opportunities than their male
counterparts.
   (e) Despite the fact that millions of women and girls are
competing, they are unlikely to see athletic role models of their own
gender in the media. Researchers from the University of California
and Purdue University completed a 20-year study of sports coverage
that shows the short shrift that women's sports receives compared to
men's on network news and ESPN SportsCenter: in 2009, women's sports
got only 1.6 percent of the airtime, down from 6.3 percent in 2004.
   (f) Unfortunately, Title IX has not managed to extend the social
and health benefits of sports to all girls equally. In 2008, a
national survey of pupils in grades 3 to 12, inclusive, by the Women'
s Sports Foundation found that 75 percent of Caucasian girls play
sports, compared to less than two-thirds of African American and
Hispanic girls, and about one-half of Asian girls. And, while boys
from immigrant families are well represented in youth sports, less
than one-half of the girls from those families are playing.
   (g) The gender gap is also worse in urban schools and among kids
from low-income families. These disparities in youth sports persist
at the collegiate level. African American women are underrepresented
in all sports except for Division I basketball and track and field,
and Latinas make up just 4 percent of the female athletes in the
NCAA.
  SEC. 2.  Section 221.9 is added to the Education Code, to read:
   221.9.  (a) Commencing with the 2015-16 school year and every
three years thereafter, each public elementary and secondary school
in the state that  has pupils who participate in 
 offers  competitive athletics shall report to the governing
board of its school district all of the following information:
   (1) The total enrollment of the school, classified by gender.
   (2) The number of pupils enrolled at the school who participate in
competitive athletics, classified by gender.
   (3) The number of boys' and girls' teams, classified by sport and
by competition level.
   (b) The governing board of the school district shall cause the
information submitted by each school pursuant to subdivision (a) to
be made publicly available by being posted on the Internet Web site
of each school district.
   (c) The materials used by each school to compile the information
submitted pursuant to subdivision (a) shall be retained by the school
for at least three years after the information is posted on the
Internet pursuant to subdivision (b).
   (d) As used in this section, "competitive athletics" means sports
where the activity has coaches, practices, competitions during a
defined season, a governing organization, and has competition as its
primary goal.
   (e) (1) On July 1, 2019, and every three years thereafter, the
State Auditor shall randomly choose 10 high schools that offer
competitive athletics, and whose numbers are not proportionally
representative of the male and female participants in the school's
athletic program, and shall audit each of the schools for full
compliance with Title IX of the Education Amendments of 1972 (20
U.S.C. Sec. 1681 et seq.).
   (2) The State Auditor shall, within six months of the applicable
July 1, report the results of the audit required pursuant to
paragraph (1) to the audited schools, the governing board of the
school district of the audited schools, the department, the Governor,
the Senate and Assembly Committees on Education, and the Senate and
Assembly Judiciary Committees.
   (3) The requirement for submitting a report pursuant to this
subdivision is inoperative on January 1, 2024, pursuant to Section
10231.5 of the Government Code.