Bill Text: CA SB248 | 2009-2010 | Regular Session | Enrolled
Bill Title: Educational equity: Title IX.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB248 Detail]
Download: California-2009-SB248-Enrolled.html
BILL NUMBER: SB 248 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 8, 2009
PASSED THE ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE APRIL 29, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Oropeza
(Principal coauthor: Senator Florez)
(Coauthor: Assembly Member Portantino)
FEBRUARY 24, 2009
An act to amend Section 271 of, and to add Article 6 (commencing
with Section 66295) to Chapter 4.5 of Part 40 of Division 5 of Title
3 of, the Education Code, relating to educational equity.
LEGISLATIVE COUNSEL'S DIGEST
SB 248, Oropeza. Educational equity: Title IX.
(1) Existing law prohibits discrimination on the basis of
disability, gender, nationality, race or ethnicity, religion, sexual
orientation, or other specified characteristics, in any program or
activity conducted by an educational institution, as defined, that
receives, or benefits from, state financial assistance or enrolls
pupils who receive state student financial aid. Existing law
prohibits public funds from being used in connection with any
athletic program conducted under the auspices of the governing board
of a school district or a student organization with the district that
does not provide equal opportunity to both sexes for participation
and for use of facilities. Existing law lists the rights that are
based on the relevant provision of the federal regulations
implementing the federal law prohibiting discrimination on the basis
of sex in education programs and activities (Title IX) and requires
the State Department of Education to post that list on its Internet
Web site.
This bill would require a school district, the president or chief
executive officer of a community college campus, and the president of
a campus of the California State University, by July 1, 2010, to
place on their respective Internet Web sites the list of rights
accorded to students under Title IX. The bill would request the
chancellor of each campus of the University of California also to
place the list of those rights on its campus Internet Web site by
July 1, 2010. By requiring school districts and community college
campuses to post this information on their respective Internet Web
sites, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 271 of the Education Code is amended to read:
271. (a) The following list of rights, which are based on the
relevant provisions of the federal regulations implementing Title IX
of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.),
may be used by the department for purposes of Section 270:
(1) You have the right to fair and equitable treatment and you
shall not be discriminated against based on your sex.
(2) You have the right to be provided with an equitable
opportunity to participate in all academic extracurricular
activities, including athletics.
(3) You have the right to inquire of the athletic director of your
school as to the athletic opportunities offered by the school.
(4) You have the right to apply for athletic scholarships.
(5) You have the right to receive equitable treatment and benefits
in the provision of all of the following:
(A) Equipment and supplies.
(B) Scheduling of games and practices.
(C) Transportation and daily allowances.
(D) Access to tutoring.
(E) Coaching.
(F) Locker rooms.
(G) Practice and competitive facilities.
(H) Medical and training facilities and services.
(I) Publicity.
(6) You have the right to have access to a gender equity
coordinator to answer questions regarding gender equity laws.
(7) You have the right to contact the State Department of
Education and the California Interscholastic Federation to access
information on gender equity laws.
(8) You have the right to file a confidential discrimination
complaint with the United States Office of Civil Rights or the State
Department of Education if you believe you have been discriminated
against or if you believe you have received unequal treatment on the
basis of your sex.
(9) You have the right to pursue civil remedies if you have been
discriminated against.
(10) You have the right to be protected against retaliation if you
file a discrimination complaint.
(b) By July 1, 2010, a school district shall place on its Internet
Web site the list of rights set forth in subdivision (a). These
rights shall be posted in no less than 12-point boldface type, and
the bottom of each page shall contain the name and contact
information for the gender equity coordinator of the school district.
SEC. 2. Article 6 (commencing with Section 66295) is added to
Chapter 4.5 of Part 40 of Division 5 of Title 3 of the Education
Code, to read:
Article 6. Athletes' Bill of Rights
66295. (a) By July 1, 2010, the president or chief executive
officer of a community college campus and the president of a campus
of the California State University shall place in the athletic or
sports section of the Internet Web site of the campus the following
list of rights, which are based on the relevant provisions of the
federal regulations implementing Title IX of the Education Amendments
of 1972 (20 U.S.C. Sec. 1681 et seq.):
(1) You have the right to fair and equitable treatment and you
shall not be discriminated against based on your sex.
(2) You have the right to be provided with an equitable
opportunity to participate in all academic extracurricular
activities, including athletics.
(3) You have the right to inquire of the athletic director of your
school as to the athletic opportunities offered by the school.
(4) You have the right to apply for athletic scholarships.
(5) You have the right to receive equitable treatment and benefits
in the provision of all of the following:
(A) Equipment and supplies.
(B) Scheduling of games and practices.
(C) Transportation and daily allowances.
(D) Access to tutoring.
(E) Coaching.
(F) Locker rooms.
(G) Practice and competitive facilities.
(H) Medical and training facilities and services.
(I) Publicity.
(6) You have the right to have access to a gender equity
coordinator to answer questions regarding gender equity laws.
(7) You have the right to contact the National Collegiate Athletic
Association and the United States Office of Civil Rights to access
information on gender equity laws.
(8) You have the right to file a confidential discrimination
complaint with the United States Office of Civil Rights if you
believe you have been discriminated against or if you believe you
have received unequal treatment on the basis of your sex.
(9) You have the right to pursue civil remedies if you have been
discriminated against.
(10) You have the right to be protected against retaliation if you
file a discrimination complaint.
(b) The rights set forth in paragraphs (1) to (10), inclusive, of
subdivision (a) shall be posted in no less than 12-point boldface
type, and the bottom of each page or poster shall contain the name
and contact information for the gender equity coordinator of the
college or university.
66296. The Legislature requests that the chancellor of each
campus of the University of California, by July 1, 2010, place in the
athletic or sports section of its Internet Web site the list of
rights specified in Section 66295. These rights should be posted in
no less than 12-point boldface type, and the bottom of each poster
should contain the name and contact information for the gender equity
coordinator of the university.
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.
