Bill Text: CA AB685 | 2009-2010 | Regular Session | Enrolled
Bill Title: School facilities: athletics: compliance.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB685 Detail]
Download: California-2009-AB685-Enrolled.html
BILL NUMBER: AB 685 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 3, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 1, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Davis
FEBRUARY 26, 2009
An act to add 17070.54 to the Education Code, relating to school
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 685, Davis. School facilities: athletics: compliance.
Existing law, the Leroy F. Greene School Facilities Act of 1998,
requires the State Allocation Board to allocate to applicant school
districts state funding for the construction and modernization of
school facilities, provided that the school districts demonstrate
eligibility for this funding by complying with various requirements.
The State Department of Education has specified responsibilities in
the process of determining whether a project proposed for funding
complies with pertinent requirements.
Existing federal law generally prohibits any person from being
excluded from participation in, denied the benefits of, or subjected
to discrimination under, any education program or activity receiving
federal financial assistance.
This bill, with respect to athletics-related facilities only, as
defined, would require the State Department of Education to include,
as part of its review of an application for new construction plan
approval, a determination of whether the proposed project would
provide the opportunity for gender equitable access to athletic
facilities or provide equity in the size and quality of areas to be
used exclusively by either boys or girls.
The bill would authorize the State Department of Education to
convene a working group to develop guidelines and procedures for the
implementation of the bill, and would require that the activities of
the working group be funded from existing department resources. The
bill would authorize the department to submit a report, including the
guidelines and procedures developed for implementing the bill, and
including any additional pertinent recommendations, to the
chairpersons of the Assembly and Senate committees on education no
later than December 31, 2010.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17070.54 is added to the Education Code, to
read:
17070.54. (a) (1) With respect to athletics-related facilities
only, the State Department of Education shall include, as part of its
review of an application for new construction plan approval, a
determination of whether the proposed project design would accomplish
either or both of the following:
(A) Provide the opportunity for gender equitable access to
athletic facilities.
(B) Provide equity in the size and quality of areas to be used
exclusively by either boys or girls, including, but not necessarily
limited to, locker rooms, playing and practice facilities, or medical
and training service areas.
(2) As used in this section, "athletics-related facilities"
include, but are not necessarily limited to, gymnasia, playing
fields, and hardcourts proposed to be used for interscholastic sports
sanctioned by the California Interscholastic Federation or for other
extracurricular athletic events.
(b) (1) The State Department of Education may convene a working
group to develop guidelines and procedures for implementation of
subdivision (a) in a manner that is consistent with Sections 230 and
66271.6 and to make any recommendations for changes that are
necessary for the implementation of subdivision (a). The State
Department of Education may submit a report including the guidelines
and procedures developed for implementing subdivision (a), and
including any additional pertinent recommendations, to the
chairpersons of the Assembly and Senate committees on education no
later than December 31, 2010. If the State Department of Education
convenes a working group pursuant to this subdivision, the activities
of the working group shall be funded from existing department
resources.
(2) If the State Department of Education convenes a working group
pursuant to this subdivision, the Superintendent shall select the
members of that working group, and shall include among those members
one representative from each of the following:
(A) The School Facilities Planning Division of the State
Department of Education.
(B) The Office of Equal Opportunity of the State Department of
Education.
(C) The California Interscholastic Federation.
(D) The Civil Rights Enforcement Section of the State Department
of Justice.
(E) A large urban school district.
(F) A rural school district.
(G) A suburban school district.
