California Senate Bill SB429 Latest Draft

 BILL NUMBER: SB 429AMENDED 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.