Bill Text: CA SB169 | 2017-2018 | Regular Session | Amended
Bill Title: Education: sex equity.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Vetoed) 2018-03-03 - Last day to consider Governor’s veto pursuant to Joint Rule 58.5. [SB169 Detail]
Download: California-2017-SB169-Amended.html
|
Amended
IN
Senate
March 20, 2017 |
| Senate Bill | No. 169 |
| Introduced by Senators Jackson and De León |
January 23, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing state law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California’s public and independent segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable.
Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of
the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.
This bill would express the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment, and that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties of educational institutions to respond to that harassment. The bill also would make findings and declarations regarding Title IX protections for students and requirements on educational
institutions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 231.6 is added to the Education Code, to read:231.6.
On or before July 1, 2018, the department shall adopt regulations to implement at each school district, to the greatest extent possible, the federal regulations issued by the United States Department of Education’s Office of Civil Rights on April 4, 2011.SEC. 2.
Section 66281.8 is added to the Education Code, to read:66281.8.
On or before July 1, 2018, the Board of Governors of the California Community Colleges, the Trustees of the California State University, the Regents of the University of California, and the governing boards or bodies of each independent institution of higher education and each private postsecondary educational institution shall adopt regulations to implement at their respective higher education institutions, to the greatest extent possible, the federal regulations issued by the United States Department of Education’s Office of Civil Rights on April 4, 2011.SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.The Legislature finds and declares all of the following:
(a)The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and ensured fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet
noncompliance with its requirements is still problematic.
(b)While substantial progress has been made in recent years to ensure equal access to education through the enforcement of Title IX, changes in federal enforcement priorities may undermine the protections students have found essential to pursuing an education in a safe and nondiscriminatory environment. Title IX requires educational institutions to take immediate and effective steps to end discriminatory conduct, including harassment, to prevent its recurrence, and to address its effects.
(c)The legal rights and protections enshrined in Title IX and its implementing regulations are an important tool for student victims and survivors in cases of student-on-student sexual harassment. Students have been empowered under the law to
pursue and protect their rights to equity in education. The United States Department of Education Office for Civil Rights has made clear in recent years that the protections and requirements of Title IX pertaining to sexual harassment cover forms of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.
It is the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment. Furthermore, it is the intent of the Legislature to later enact legislation that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties
of educational institutions to respond to that harassment.
