Bill Text: CA AB685 | 2009-2010 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: AB 685	AMENDED
	BILL TEXT

	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, as amended, Davis. School facilities: athletics: 
compliance with Title IX.   compliance. 
   Existing law,  known as  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 
    The  bill would  require  
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  require  
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.
   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.  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  shall 
 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  shall
  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) The Superintendent shall select the membership of the working
group convened pursuant to this subdivision. This working group shall
include 
    (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.