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.