Bill Text: CA SB429 | 2015-2016 | Regular Session | Amended
Bill Title: Instructional programs: Title IX instructional videos.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB429 Detail]
Download: California-2015-SB429-Amended.html
BILL NUMBER: SB 429 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2015
INTRODUCED BY Senator Jackson
( Coauthor: Senator Hancock
)
FEBRUARY 25, 2015
An act to add Chapter 20 (commencing with Section 53340) to Part
28 of Division 4 of Title 2 of the Education Code, relating to
instructional programs.
LEGISLATIVE COUNSEL'S DIGEST
SB 429, as amended, Jackson. Instructional programs: Title IX
instructional videos.
Title IX of the federal Education Amendments of 1972 (Title IX)
prohibits discrimination based on sex, including sexual harassment,
rape, and sexual assault, in an educational institution's programs or
activities.
Existing law requires the State Department of Education to post on
its Internet Web site, in both English and Spanish and at a reading
level that may be comprehended by pupils in high school, the
information set forth in the federal regulations implementing Title
IX.
This bill, to the extent that one-time funding is made available
in the Budget Act of 2016, would require the State Department of
Education to apportion funds to a designated county office of
education, selected from applicant county offices of education, that
would be the fiduciary agent for for, and
responsible for the creation of, an instructional video to
train school administrators administrators,
designated Title IX coordinators, and other school personnel on
comprehensive Title IX compliance and a Title IX pupils' rights
video designed for pupils and parents. The bill would require
that these 2 videos be available on the department's Internet
Web site and available for download to individual schoolsite and
school district's district Internet Web
sites. The bill would also require the department to analyze
the relevant data on the success of the comprehensive Title IX
compliance instructional video at the state level, as specified.
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. The Legislature finds and declares all of the
following:
(a) The goal of Title IX of the federal Education Amendments of
1972 (20 U.S.C. Sec. 1681 et. 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 fairer treatment in cases of sexual
and gender harassment. These benefits not only lead to higher
self-esteem and enhanced leadership skills, but they also lead 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) Title IX addresses 10 key areas: Access to Higher Education,
Athletics, Career Education, Education for Pregnant and
Parenting Students, Employment, Learning Environment, Mathematics and
Science, Sexual Harassment, Standardized Testing, and Technology.
(c) In a November 2012 investigative report, the National
Broadcasting Company (NBC) found the majority of school principals
were unable to identify the Title IX coordinator, and only three
principals identified themselves as being responsible for handling
complaints regarding sexual and gender harassment.
(d) Equal Rights Advocates found only about 25 percent of Title IX
coordinators of San Francisco Bay Area
area school districts that responded to its survey
received some training on Title IX related matters. A significant
percentage of schools in those school districts do not cover sexual
harassment in their existing training for pupils (11 percent),
teachers (14 percent), and or
staff/administrators (23 percent). Gender identity and gender
expression were covered in less than a quarter of pupil and teacher
training, and less than 20 percent of staff/administrator training.
Equal opportunity in athletics was mentioned in only 11 percent of
pupil training, 17 percent of teacher training, and 10 percent of
staff/administrator training.
(e) A 2015 American Civil Liberties Union (ACLU) of California
report found widespread unawareness among pupils and school
administrators of the rights of pregnant and parenting pupils,
including an extremely limited knowledge that pregnant pupils and
those recovering from childbirth and related medical
conditions are entitled to services available to other pupils with
temporary medical conditions.
(f) In that ACLU report, only 4 percent of school districts
surveyed included "parenting" status within the list of categories in
the nondiscrimination board policy, 25 percent of pupil survey
respondents indicated that they had been restricted from
participating in an extracurricular activity, such as physical
education or a sport, due to their pregnancy status
status, and 13 percent of pupil survey
respondents said that they were required by their school district to
move to an alternative or continuation school as a result of their
pregnancy despite the law requiring that enrollment in separate
programs for parenting pupils be strictly voluntary.
(g) During Title IX training conducted by the Title IX advocacy
and litigation project Fair Play for Girls in Sports, among
of dozens of middle- and high-school girls
attending training throughout California, approximately 80 percent of
female pupils polled have had never
heard of Title IX nor do did they
understand how the law affords gender equity in education.
(h) Fair Play for Girls in Sports regularly receives complaints
and requests for help from community members, including parents,
coaches, and female athletes, regarding a lack of understanding of
Title IX in their local K-12 schools and a need for increased
training for school administrators. Where cases have been brought
against K-12 schools to spur compliance with Title IX, the lack of
uniform, accurate training materials has contributed to schools
remaining out of compliance with the law, even after a finding of
Title IX violations by the school.
(i) Since Title IX was passed 42 43
years ago, it has been the subject of over 20 proposed amendments,
reviews, Supreme Court cases, and other political actions. It is a
living, breathing law and it that
benefits countless women and girls. The lack of knowledge and
training harms pupils.
SEC. 2. Chapter 20 (commencing with Section 53340) is added to
Part 28 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER 20. TITLE IX INSTRUCTIONAL VIDEO
53340. (a) To the extent that one-time funding is made available
in the Budget Act of 2016, the department shall apportion funds to a
designated county office of education to be the fiduciary agent for
an instructional video to train school administrators
administrators, designated Title IX coordinators, and
other school personnel on comprehensive compliance with Title
IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681
et. et seq.). The designated county
office of education shall be chosen by the Superintendent from county
offices of education that apply for designation. The
(b) The designated county office
of education shall be in charge of the video that will
responsible for the creation of the instructional
video specified in subdivision (a). The instructional video shall be
made available as a statewide training resource and shall
lead to statewide professional development support for
comprehensive Title IX compliance. The designated county office of
education shall also create be responsible
for the creation of a Title IX pupils' rights video designed
for pupils and parents. Both videos shall be available on the
department department's Internet Web
site and available for download to individual schoolsite and school
district's district Internet Web sites.
(b)
(c) The designated county office of education, in the
implementation of this chapter, shall consider and include, as
appropriate, available resources for comprehensive Title IX
compliance.
(c)
(d) The department shall analyze the relevant data on
the success of the comprehensive Title IX compliance instructional
video at the state level, by monitoring the usage of the
video and ascertaining the levels of complaints filed.
identifying the number of times the instructional video was
downloaded or viewed, the number of complaints filed before the video
was made available, and the number of complaints filed one year
after the video was made available. The department shall
establish a set of best practices to be made available to school
districts and consortia of school districts to enhance understanding
of comprehensive Title IX compliance.
