Bill Text: CA SB1375 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Educational equity: sex equity in education: federal

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-26 - Chaptered by Secretary of State. Chapter 655, Statutes of 2016. [SB1375 Detail]

Download: California-2015-SB1375-Amended.html

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BILL NUMBER: SB 1375	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2016

INTRODUCED BY   Senator Jackson

                        FEBRUARY 19, 2016

   An act to amend Section 48980 of, and to add Section 221.61 to,
the Education Code, relating to educational equity.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1375, as amended, Jackson. Educational equity: sex equity in
education: federal Title IX notifications.
   Existing law, the Sex Equity in Education Act, states the policy
of the state that elementary and secondary school classes and
courses, including nonacademic and elective classes and courses, be
conducted without regard to the sex of the pupil enrolled in these
classes or courses. 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. Existing law requires the governing
board of a school district, at the beginning of the first semester or
quarter of each school year, to notify parents or guardians of minor
pupils of specified rights and responsibilities of the parent or
guardian and of specified school district policies and procedures.
   This bill would require, on or before July 1, 2017, all public
schools, private schools that receive federal funds and are subject
to the requirements of Title IX, school districts,  county
offices of education,  and charter schools to post in a
prominent and conspicuous location on their Internet Web sites
specified information relating to Title IX. The bill would require
that same information to be included in the yearly notification sent
by the governing board of a school district to parents and guardians
of minor pupils. The bill would require the Superintendent of Public
Instruction to  annually  send a letter through electronic
means to all public schools, private schools that receive federal
funds and are subject to the requirements of Title IX, school
districts,  county offices of education,  and charter
schools informing them of the new requirement that would be created
by this bill and of their responsibilities under Title IX. Because
the bill would impose additional duties on public schools, school
districts,  county offices of education,  charter schools,
and governing boards of school districts, the bill would impose a
state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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 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
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) 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) On January 20, 2015, the Senate Judiciary Committee held an
informational hearing entitled "Attaining Equal Opportunity for Girls
in California's Secondary Schools: How our Schools are Complying
with Title IX." During the hearing, the committee heard from the
United States Department of Education Office for Civil Rights and the
State Department of Education.
   (d) As demonstrated by testimony provided during the informational
hearing, school districts are often unaware that Title IX requires
them to do the following:
   (1) Appoint a Title IX coordinator at both the district and school
levels who is responsible for coordinating the school and school
district's Title IX compliance. The coordinator should not have other
responsibilities that create a conflict of interest with his or her
role as coordinator.
   (2) Adopt and publish rules and procedures on how to receive,
investigate, and respond to a complaint filed under Title IX.
   (3) Notify all pupils, parents and guardians of pupils, and school
staff of their rights under Title IX.
   (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) The ACLU report found that 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, 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) Since Title IX was passed 44 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 that
benefits countless women and girls. The lack of knowledge of and
training on Title IX harms pupils.
  SEC. 2.  Section 221.61 is added to the Education Code, immediately
following Section 221.6, to read:
   221.61.  (a) On or before July 1, 2017, public schools, private
schools that receive federal funds and are subject to the
requirements of Title IX, school districts,  county offices of
education,  and charter schools shall post in a prominent and
conspicuous location on their Internet Web sites all of the
following:
   (1) The name and contact information of the Title IX coordinator
for that public school, private school, school district,  county
office of education,  or charter school, which shall include the
Title IX coordinator's phone number and  e-mail 
 email  address.
   (2) The rights of a pupil and the public and the responsibilities
of the public school, private school, school district,  county
office of education,  or charter school under Title IX, which
shall include, but shall not be limited to, Internet Web links to
information about those rights and responsibilities located on the
Internet Web sites of the department's Office for Equal Opportunity
and the United States Department of Education Office of Civil
 Rights.   Rights, and the list of rights
specified in Section 221.8. 
   (3) A description of how to file a complaint under Title IX, which
shall include all of the following:
   (A) An explanation of the statute of limitations within which a
complaint must be filed after an alleged incident of discrimination
has occurred, and how a complaint may be filed beyond the statute of
limitations.
   (B) An explanation of how the complaint will be investigated and
how the complainant may further pursue the complaint, including, but
not limited to, Internet Web links to this information on the United
States Department of Education Office for Civil Rights' Internet Web
site.
   (C) An Internet Web link to the United States Department of
Education Office for Civil Rights complaints form, and the contact
information for the office, which shall include the phone number and
 e-mail   email  address for the office.
   (b) On or before April 1, 2017, and annually thereafter, the
Superintendent shall send a letter through electronic means to all
public schools, private schools that receive federal funds and are
subject to the requirements of Title IX, school districts, 
county offices of education,  and charter schools informing them
of the requirement specified in subdivision (a) and of their
responsibilities under Title IX.
  SEC. 3.  Section 48980 of the Education Code is amended to read:
   48980.  (a) At the beginning of the first semester or quarter of
the regular school term, the governing board of each school district
shall notify the parent or guardian of a minor pupil regarding the
right or responsibility of the parent or guardian under Sections
35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and
51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of
Division 1 of Title 1.
   (b) The notification also shall advise the parent or guardian of
the availability of individualized instruction as prescribed by
Section 48206.3, and of the program prescribed by Article 9
(commencing with Section 49510) of Chapter 9.
   (c) The notification also shall advise the parents and guardians
of all pupils attending a school within the school district of the
schedule of minimum days and pupil-free staff development days, and
if minimum or pupil-free staff development days are scheduled
thereafter, the governing board of the school district shall notify
parents and guardians of the affected pupils as early as possible,
but not later than one month before the scheduled minimum or
pupil-free day.
   (d) The notification also may advise the parent or guardian of the
importance of investing for future college or university education
for their children and of considering appropriate investment options,
including, but not limited to, United States savings bonds.
   (e) The notification shall advise the parent or guardian of the
pupil that each pupil completing grade 12 is required to successfully
pass the high school exit examination administered pursuant to
Chapter 9 (commencing with Section 60850) of Part 33. The
notification shall include, at a minimum, the date of the examination
and the requirements for passing the examination, and shall inform
the parents and guardians regarding the consequences of not passing
the examination and shall inform parents and guardians that passing
the examination is a condition of graduation.
   (f) Each school district that elects to provide a fingerprinting
program pursuant to Article 10 (commencing with Section 32390) of
Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents or
guardians of the program as specified in Section 32390.
   (g) The notification also shall include a copy of the written
policy of the school district on sexual harassment established
pursuant to Section 231.5, as it relates to pupils.
   (h) The notification shall advise the parent or guardian of all
existing statutory attendance options and local attendance options
available in the school district. This notification component shall
include all options for meeting residency requirements for school
attendance, programmatic options offered within the local attendance
areas, and any special programmatic options available on both an
interdistrict and intradistrict basis. This notification component
also shall include a description of all options, a description of the
procedure for application for alternative attendance areas or
programs, an application form from the school district for requesting
a change of attendance, and a description of the appeals process
available, if any, for a parent or guardian denied a change of
attendance. The notification component also shall include an
explanation of the existing statutory attendance options, including,
but not limited to, those available under Section 35160.5, Chapter 5
(commencing with Section 46600) of Part 26, and subdivision (b) of
Section 48204. The department shall produce this portion of the
notification and shall distribute it to all school districts.
   (i) It is the intent of the Legislature that the governing board
of each school district annually review the enrollment options
available to the pupils within its district and that the school
districts strive to make available enrollment options that meet the
diverse needs, potential, and interests of the pupils of California.
   (j) The notification shall advise the parent or guardian that a
pupil shall not have his or her grade reduced or lose academic credit
for any absence or absences excused pursuant to Section 48205 if
missed assignments and tests that can reasonably be provided are
satisfactorily completed within a reasonable period of time, and
shall include the full text of Section 48205.
   (k) The notification shall advise the parent or guardian of the
availability of state funds to cover the costs of advanced placement
examination fees pursuant to Section 52242.
   (l) The notification to the parent or guardian of a minor pupil
enrolled in any of grades 9 to 12, inclusive, also shall include the
information required pursuant to Section 51229.
   (m) If a school district elects to allow a career technical
education course to satisfy the requirement imposed by subparagraph
(E) of paragraph (1) of subdivision (a) of Section 51225.3, the
school district shall include, in the notification required pursuant
to this section, both of the following:
   (1) Information about the high school graduation requirements of
the school district and how each requirement satisfies or does not
satisfy the subject matter requirements for admission to the
California State University and the University of California.
   (2) A complete list of career technical education courses offered
by the school district that satisfy the subject matter requirements
for admission to the California State University and the University
of California, and which of the specific college admission
requirements these courses satisfy.
   (n) The notification shall include the information specified in
paragraphs (1)  through   to  (3),
inclusive, of subdivision (a) of Section 221.61.
  SEC. 4.  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.