| 1 | | - | Amended IN Assembly April 09, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 932Introduced by Assembly Member Irwin(Coauthors: Assembly Members McKinnor and Zbur)February 19, 2025 An act to add Section 221.71 to the Education amend Section 53080 of the Government Code, relating to educational equity. discrimination.LEGISLATIVE COUNSEL'S DIGESTAB 932, as amended, Irwin. Community youth athletics programs: sex or gender discrimination.Existing law prohibits public funds from being used in connection with any athletic program conducted under the auspices of a school district governing board or any student organization within the district, which does not provide equal opportunity to both sexes for participation and for use of facilities.Existing law prohibits a city, county, city and county, or special district from discriminating against any person on the basis of gender in the operation, conduct, or administration of community youth athletics programs, as defined, or in the allocation of school parks and recreation facilities and resources, as defined, that support or enable these programs. Existing law creates an independent right to bring a civil action for a violation of this prohibition for equitable and monetary relief, as specified.This bill would instead prohibit a city, county, city and county, special district, school district, county office of education, or charter school from discriminating against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or interscholastic athletic programs, or in the allocation or rental to a third-party community youth athletics program of parks and recreation facilities and resources or school and recreation facilities and resources that support or enable the program. these programs. The bill would create an independent right to bring a civil action for equitable and monetary relief for a violation of this prohibition, as specified. The bill would require the courts to consider, in civil actions brought under these provisions or applicable antidiscrimination laws alleging discrimination in community youth athletics programs, specified factors in determining whether discrimination exists, including whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders. define various terms for these purposes and make related conforming changes. By imposing a new duties on local educational agencies, 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 221.71 is added to the Education Code, to read:221.71.(a)(1)The Legislature finds and declares that the Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 of the Government Code also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(2)It is the intent of the Legislature in enacting this section that girls be accorded opportunities for participation in community youth athletics programs on an equal basis, both in quality and scope, to those accorded to boys.(b)A local educational agency shall not discriminate against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs, or in the allocation or rental to a third-party community youth athletics program of school and recreation facilities and resources that support or enable the program.(c)This section and any policies, regulations, or resolutions adopted pursuant to this section by a local educational agency may be enforced against a local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(d)In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1)Whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders.(2)The provision of moneys, equipment, and supplies.(3)Scheduling of games and practice times.(4)Opportunity to receive coaching.(5)Assignment and compensation of coaches.(6)Access to lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through a local educational agency.(7)Selection of the season for a sport.(8)Location of the games and practices.(9)Locker rooms.(10)Practice and competitive facilities.(11)Publicity.(12)Officiation by umpires, referees, or judges who have met training and certification standards.(e)In making the determination under paragraph (1) of subdivision (d), a court shall assess whether the local educational agency has effectively accommodated the athletic interests and abilities of both genders in either of the following ways:(1)The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2)Where the members of one gender are underrepresented in community youth athletics programs, the local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(f)This section shall not be construed to invalidate an existing consent decree or any other settlement agreement entered into by a local educational agency to address gender equity in athletic programs.(g)For purposes of this section, the following definitions apply:(1)Community youth athletics program means an athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for, and engaging in, athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a local educational agency.(2)Local educational agency means a school district, county office of education, or charter school.(3)School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4)Third-party community youth athletics program is a community youth athletics program operated, conducted, or administered by a person or entity that is not a local educational agency.SECTION 1. Section 53080 of the Government Code is amended to read:53080. (a) No city, county, city and county, or special district, including, but not limited to, a community services district, recreation and park district, regional park district, regional park and open-space district, regional open-space park district, or resort improvement district district, or local educational agency shall discriminate against any person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or interscholastic athletic programs, or in the allocation of parks and recreation facilities and resources resources, or school and recreation facilities and resources, that support or enable these programs.(b) The Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(c)As used in this section, community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(d)As used in this section, parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(e)(c) It is the intent of the Legislature in enacting this section that girls shall be accorded opportunities for participation in community youth athletics programs equal, both in quality and scope, to those accorded to boys.(f)(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodate the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through a city, a county, a city and county, or a special district.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(g)(e) In making the determination under paragraph (1) of subdivision (f), (d), a court shall assess whether the city, county, city and county, or special district district, or local educational agency has effectively accommodated the athletic interests and abilities of both genders in any one of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2)Where the members of one gender have been, and continue to be, underrepresented in community youth athletics programs, the city, county, city and county, or special district can show a history and continuing practice of program expansion and allocation of resources that are demonstrably responsive to the developing interests and abilities of the members of that gender.(3)(2) Where the members of one gender are underrepresented in community youth athletics programs, the city, county, city and county, or special district district, or local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(h)Effective January 1, 2015, a city, county, city and county, and special district may no longer rely on paragraph (2) of subdivision (g) to show that they have accommodated the athletic interests and abilities of both genders.(i)(f) Nothing in this section shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by a city, county, city and county, or special district district, or local educational agency to address gender equity in athletic programs.(j)(g) This section and any ordinances, regulations, or resolutions adopted pursuant to this section by a city, county, city and county, or special district district, or local educational agency may be enforced against a city, county, city and county, or special district district, or local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(h) For purposes of this section, the following definitions apply:(1) Community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(2) Local educational agency means a school district, county office of education, or charter school.(3) Parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.SEC. 2. 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. |
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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 932Introduced by Assembly Member IrwinFebruary 19, 2025 An act to add Section 221.71 to the Education Code, relating to educational equity.LEGISLATIVE COUNSEL'S DIGESTAB 932, as introduced, Irwin. Community youth athletics programs: sex or gender discrimination.Existing law prohibits public funds from being used in connection with any athletic program conducted under the auspices of a school district governing board or any student organization within the district, which does not provide equal opportunity to both sexes for participation and for use of facilities.Existing law prohibits a city, county, city and county, or special district from discriminating against any person on the basis of gender in the operation, conduct, or administration of community youth athletics programs, as defined, or in the allocation of school and recreation facilities and resources, as defined, that support or enable these programs. Existing law creates an independent right to bring a civil action for a violation of this prohibition for equitable and monetary relief, as specified.This bill would prohibit a school district, county office of education, or charter school from discriminating against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or in the allocation or rental to a third-party community youth athletics program of school and recreation facilities and resources that support or enable the program. The bill would create an independent right to bring a civil action for equitable and monetary relief for a violation of this prohibition, as specified. The bill would require the courts to consider, in civil actions brought under these provisions or applicable antidiscrimination laws alleging discrimination in community youth athletics programs, specified factors in determining whether discrimination exists, including whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders. By imposing a new duties on local educational agencies, 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 221.71 is added to the Education Code, to read:221.71. (a) (1) The Legislature finds and declares that the Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 of the Government Code also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(2) It is the intent of the Legislature in enacting this section that girls be accorded opportunities for participation in community youth athletics programs on an equal basis, both in quality and scope, to those accorded to boys.(b) A local educational agency shall not discriminate against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs, or in the allocation or rental to a third-party community youth athletics program of school and recreation facilities and resources that support or enable the program.(c) This section and any policies, regulations, or resolutions adopted pursuant to this section by a local educational agency may be enforced against a local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through a local educational agency.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(e) In making the determination under paragraph (1) of subdivision (d), a court shall assess whether the local educational agency has effectively accommodated the athletic interests and abilities of both genders in either of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2) Where the members of one gender are underrepresented in community youth athletics programs, the local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(f) This section shall not be construed to invalidate an existing consent decree or any other settlement agreement entered into by a local educational agency to address gender equity in athletic programs.(g) For purposes of this section, the following definitions apply:(1) Community youth athletics program means an athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for, and engaging in, athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a local educational agency.(2) Local educational agency means a school district, county office of education, or charter school.(3) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) Third-party community youth athletics program is a community youth athletics program operated, conducted, or administered by a person or entity that is not a local educational agency.SEC. 2. 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. |
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| 44 | | - | The people of the State of California do enact as follows:SECTION 1.Section 221.71 is added to the Education Code, to read:221.71.(a)(1)The Legislature finds and declares that the Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 of the Government Code also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(2)It is the intent of the Legislature in enacting this section that girls be accorded opportunities for participation in community youth athletics programs on an equal basis, both in quality and scope, to those accorded to boys.(b)A local educational agency shall not discriminate against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs, or in the allocation or rental to a third-party community youth athletics program of school and recreation facilities and resources that support or enable the program.(c)This section and any policies, regulations, or resolutions adopted pursuant to this section by a local educational agency may be enforced against a local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(d)In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1)Whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders.(2)The provision of moneys, equipment, and supplies.(3)Scheduling of games and practice times.(4)Opportunity to receive coaching.(5)Assignment and compensation of coaches.(6)Access to lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through a local educational agency.(7)Selection of the season for a sport.(8)Location of the games and practices.(9)Locker rooms.(10)Practice and competitive facilities.(11)Publicity.(12)Officiation by umpires, referees, or judges who have met training and certification standards.(e)In making the determination under paragraph (1) of subdivision (d), a court shall assess whether the local educational agency has effectively accommodated the athletic interests and abilities of both genders in either of the following ways:(1)The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2)Where the members of one gender are underrepresented in community youth athletics programs, the local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(f)This section shall not be construed to invalidate an existing consent decree or any other settlement agreement entered into by a local educational agency to address gender equity in athletic programs.(g)For purposes of this section, the following definitions apply:(1)Community youth athletics program means an athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for, and engaging in, athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a local educational agency.(2)Local educational agency means a school district, county office of education, or charter school.(3)School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4)Third-party community youth athletics program is a community youth athletics program operated, conducted, or administered by a person or entity that is not a local educational agency.SECTION 1. Section 53080 of the Government Code is amended to read:53080. (a) No city, county, city and county, or special district, including, but not limited to, a community services district, recreation and park district, regional park district, regional park and open-space district, regional open-space park district, or resort improvement district district, or local educational agency shall discriminate against any person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or interscholastic athletic programs, or in the allocation of parks and recreation facilities and resources resources, or school and recreation facilities and resources, that support or enable these programs.(b) The Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(c)As used in this section, community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(d)As used in this section, parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(e)(c) It is the intent of the Legislature in enacting this section that girls shall be accorded opportunities for participation in community youth athletics programs equal, both in quality and scope, to those accorded to boys.(f)(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodate the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through a city, a county, a city and county, or a special district.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(g)(e) In making the determination under paragraph (1) of subdivision (f), (d), a court shall assess whether the city, county, city and county, or special district district, or local educational agency has effectively accommodated the athletic interests and abilities of both genders in any one of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2)Where the members of one gender have been, and continue to be, underrepresented in community youth athletics programs, the city, county, city and county, or special district can show a history and continuing practice of program expansion and allocation of resources that are demonstrably responsive to the developing interests and abilities of the members of that gender.(3)(2) Where the members of one gender are underrepresented in community youth athletics programs, the city, county, city and county, or special district district, or local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(h)Effective January 1, 2015, a city, county, city and county, and special district may no longer rely on paragraph (2) of subdivision (g) to show that they have accommodated the athletic interests and abilities of both genders.(i)(f) Nothing in this section shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by a city, county, city and county, or special district district, or local educational agency to address gender equity in athletic programs.(j)(g) This section and any ordinances, regulations, or resolutions adopted pursuant to this section by a city, county, city and county, or special district district, or local educational agency may be enforced against a city, county, city and county, or special district district, or local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(h) For purposes of this section, the following definitions apply:(1) Community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(2) Local educational agency means a school district, county office of education, or charter school.(3) Parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.SEC. 2. 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. |
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| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 221.71 is added to the Education Code, to read:221.71. (a) (1) The Legislature finds and declares that the Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 of the Government Code also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(2) It is the intent of the Legislature in enacting this section that girls be accorded opportunities for participation in community youth athletics programs on an equal basis, both in quality and scope, to those accorded to boys.(b) A local educational agency shall not discriminate against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs, or in the allocation or rental to a third-party community youth athletics program of school and recreation facilities and resources that support or enable the program.(c) This section and any policies, regulations, or resolutions adopted pursuant to this section by a local educational agency may be enforced against a local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through a local educational agency.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(e) In making the determination under paragraph (1) of subdivision (d), a court shall assess whether the local educational agency has effectively accommodated the athletic interests and abilities of both genders in either of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2) Where the members of one gender are underrepresented in community youth athletics programs, the local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(f) This section shall not be construed to invalidate an existing consent decree or any other settlement agreement entered into by a local educational agency to address gender equity in athletic programs.(g) For purposes of this section, the following definitions apply:(1) Community youth athletics program means an athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for, and engaging in, athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a local educational agency.(2) Local educational agency means a school district, county office of education, or charter school.(3) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) Third-party community youth athletics program is a community youth athletics program operated, conducted, or administered by a person or entity that is not a local educational agency.SEC. 2. 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. |
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| 50 | + | SECTION 1. Section 221.71 is added to the Education Code, to read:221.71. (a) (1) The Legislature finds and declares that the Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 of the Government Code also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(2) It is the intent of the Legislature in enacting this section that girls be accorded opportunities for participation in community youth athletics programs on an equal basis, both in quality and scope, to those accorded to boys.(b) A local educational agency shall not discriminate against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs, or in the allocation or rental to a third-party community youth athletics program of school and recreation facilities and resources that support or enable the program.(c) This section and any policies, regulations, or resolutions adopted pursuant to this section by a local educational agency may be enforced against a local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through a local educational agency.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(e) In making the determination under paragraph (1) of subdivision (d), a court shall assess whether the local educational agency has effectively accommodated the athletic interests and abilities of both genders in either of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2) Where the members of one gender are underrepresented in community youth athletics programs, the local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(f) This section shall not be construed to invalidate an existing consent decree or any other settlement agreement entered into by a local educational agency to address gender equity in athletic programs.(g) For purposes of this section, the following definitions apply:(1) Community youth athletics program means an athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for, and engaging in, athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a local educational agency.(2) Local educational agency means a school district, county office of education, or charter school.(3) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) Third-party community youth athletics program is a community youth athletics program operated, conducted, or administered by a person or entity that is not a local educational agency. |
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| 51 | + | |
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| 52 | + | SECTION 1. Section 221.71 is added to the Education Code, to read: |
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| 53 | + | |
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| 54 | + | ### SECTION 1. |
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| 55 | + | |
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| 56 | + | 221.71. (a) (1) The Legislature finds and declares that the Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 of the Government Code also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(2) It is the intent of the Legislature in enacting this section that girls be accorded opportunities for participation in community youth athletics programs on an equal basis, both in quality and scope, to those accorded to boys.(b) A local educational agency shall not discriminate against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs, or in the allocation or rental to a third-party community youth athletics program of school and recreation facilities and resources that support or enable the program.(c) This section and any policies, regulations, or resolutions adopted pursuant to this section by a local educational agency may be enforced against a local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through a local educational agency.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(e) In making the determination under paragraph (1) of subdivision (d), a court shall assess whether the local educational agency has effectively accommodated the athletic interests and abilities of both genders in either of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2) Where the members of one gender are underrepresented in community youth athletics programs, the local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(f) This section shall not be construed to invalidate an existing consent decree or any other settlement agreement entered into by a local educational agency to address gender equity in athletic programs.(g) For purposes of this section, the following definitions apply:(1) Community youth athletics program means an athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for, and engaging in, athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a local educational agency.(2) Local educational agency means a school district, county office of education, or charter school.(3) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) Third-party community youth athletics program is a community youth athletics program operated, conducted, or administered by a person or entity that is not a local educational agency. |
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| 57 | + | |
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| 58 | + | 221.71. (a) (1) The Legislature finds and declares that the Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 of the Government Code also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(2) It is the intent of the Legislature in enacting this section that girls be accorded opportunities for participation in community youth athletics programs on an equal basis, both in quality and scope, to those accorded to boys.(b) A local educational agency shall not discriminate against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs, or in the allocation or rental to a third-party community youth athletics program of school and recreation facilities and resources that support or enable the program.(c) This section and any policies, regulations, or resolutions adopted pursuant to this section by a local educational agency may be enforced against a local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through a local educational agency.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(e) In making the determination under paragraph (1) of subdivision (d), a court shall assess whether the local educational agency has effectively accommodated the athletic interests and abilities of both genders in either of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2) Where the members of one gender are underrepresented in community youth athletics programs, the local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(f) This section shall not be construed to invalidate an existing consent decree or any other settlement agreement entered into by a local educational agency to address gender equity in athletic programs.(g) For purposes of this section, the following definitions apply:(1) Community youth athletics program means an athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for, and engaging in, athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a local educational agency.(2) Local educational agency means a school district, county office of education, or charter school.(3) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) Third-party community youth athletics program is a community youth athletics program operated, conducted, or administered by a person or entity that is not a local educational agency. |
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| 59 | + | |
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| 60 | + | 221.71. (a) (1) The Legislature finds and declares that the Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 of the Government Code also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(2) It is the intent of the Legislature in enacting this section that girls be accorded opportunities for participation in community youth athletics programs on an equal basis, both in quality and scope, to those accorded to boys.(b) A local educational agency shall not discriminate against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs, or in the allocation or rental to a third-party community youth athletics program of school and recreation facilities and resources that support or enable the program.(c) This section and any policies, regulations, or resolutions adopted pursuant to this section by a local educational agency may be enforced against a local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through a local educational agency.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(e) In making the determination under paragraph (1) of subdivision (d), a court shall assess whether the local educational agency has effectively accommodated the athletic interests and abilities of both genders in either of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2) Where the members of one gender are underrepresented in community youth athletics programs, the local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(f) This section shall not be construed to invalidate an existing consent decree or any other settlement agreement entered into by a local educational agency to address gender equity in athletic programs.(g) For purposes of this section, the following definitions apply:(1) Community youth athletics program means an athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for, and engaging in, athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a local educational agency.(2) Local educational agency means a school district, county office of education, or charter school.(3) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) Third-party community youth athletics program is a community youth athletics program operated, conducted, or administered by a person or entity that is not a local educational agency. |
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| 75 | | - | |
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| 76 | | - | |
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| 77 | | - | |
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| 78 | | - | (2)The provision of moneys, equipment, and supplies. |
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| 79 | | - | |
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| 80 | | - | |
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| 81 | | - | |
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| 82 | | - | (3)Scheduling of games and practice times. |
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| 83 | | - | |
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| 84 | | - | |
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| 85 | | - | |
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| 86 | | - | (4)Opportunity to receive coaching. |
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| 87 | | - | |
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| 88 | | - | |
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| 89 | | - | |
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| 90 | | - | (5)Assignment and compensation of coaches. |
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| 91 | | - | |
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| 92 | | - | |
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| 93 | | - | |
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| 94 | | - | (6)Access to lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through a local educational agency. |
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| 95 | | - | |
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| 96 | | - | |
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| 97 | | - | |
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| 98 | | - | (7)Selection of the season for a sport. |
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| 99 | | - | |
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| 100 | | - | |
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| 101 | | - | |
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| 102 | | - | (8)Location of the games and practices. |
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| 103 | | - | |
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| 104 | | - | |
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| 105 | | - | |
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| 106 | | - | (9)Locker rooms. |
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| 107 | | - | |
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| 108 | | - | |
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| 109 | | - | |
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| 110 | | - | (10)Practice and competitive facilities. |
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| 111 | | - | |
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| 112 | | - | |
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| 113 | | - | |
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| 114 | | - | (11)Publicity. |
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| 115 | | - | |
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| 116 | | - | |
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| 117 | | - | |
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| 118 | | - | (12)Officiation by umpires, referees, or judges who have met training and certification standards. |
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| 119 | | - | |
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| 120 | | - | |
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| 121 | | - | |
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| 122 | | - | (e)In making the determination under paragraph (1) of subdivision (d), a court shall assess whether the local educational agency has effectively accommodated the athletic interests and abilities of both genders in either of the following ways: |
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| 123 | | - | |
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| 124 | | - | |
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| 125 | | - | |
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| 126 | | - | (1)The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community. |
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| 127 | | - | |
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| 128 | | - | |
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| 129 | | - | |
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| 130 | | - | (2)Where the members of one gender are underrepresented in community youth athletics programs, the local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources. |
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| 131 | | - | |
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| 132 | | - | |
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| 133 | | - | |
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| 134 | | - | (f)This section shall not be construed to invalidate an existing consent decree or any other settlement agreement entered into by a local educational agency to address gender equity in athletic programs. |
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| 135 | | - | |
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| 136 | | - | |
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| 137 | | - | |
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| 138 | | - | (g)For purposes of this section, the following definitions apply: |
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| 139 | | - | |
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| 140 | | - | |
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| 141 | | - | |
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| 142 | | - | (1)Community youth athletics program means an athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for, and engaging in, athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a local educational agency. |
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| 143 | | - | |
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| 144 | | - | |
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| 145 | | - | |
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| 146 | | - | (2)Local educational agency means a school district, county office of education, or charter school. |
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| 147 | | - | |
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| 148 | | - | |
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| 149 | | - | |
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| 150 | | - | (3)School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics. |
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| 151 | | - | |
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| 152 | | - | |
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| 153 | | - | |
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| 154 | | - | (4)Third-party community youth athletics program is a community youth athletics program operated, conducted, or administered by a person or entity that is not a local educational agency. |
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| 155 | | - | |
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| 156 | | - | |
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| 157 | | - | |
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| 158 | | - | SECTION 1. Section 53080 of the Government Code is amended to read:53080. (a) No city, county, city and county, or special district, including, but not limited to, a community services district, recreation and park district, regional park district, regional park and open-space district, regional open-space park district, or resort improvement district district, or local educational agency shall discriminate against any person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or interscholastic athletic programs, or in the allocation of parks and recreation facilities and resources resources, or school and recreation facilities and resources, that support or enable these programs.(b) The Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(c)As used in this section, community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(d)As used in this section, parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(e)(c) It is the intent of the Legislature in enacting this section that girls shall be accorded opportunities for participation in community youth athletics programs equal, both in quality and scope, to those accorded to boys.(f)(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodate the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through a city, a county, a city and county, or a special district.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(g)(e) In making the determination under paragraph (1) of subdivision (f), (d), a court shall assess whether the city, county, city and county, or special district district, or local educational agency has effectively accommodated the athletic interests and abilities of both genders in any one of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2)Where the members of one gender have been, and continue to be, underrepresented in community youth athletics programs, the city, county, city and county, or special district can show a history and continuing practice of program expansion and allocation of resources that are demonstrably responsive to the developing interests and abilities of the members of that gender.(3)(2) Where the members of one gender are underrepresented in community youth athletics programs, the city, county, city and county, or special district district, or local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(h)Effective January 1, 2015, a city, county, city and county, and special district may no longer rely on paragraph (2) of subdivision (g) to show that they have accommodated the athletic interests and abilities of both genders.(i)(f) Nothing in this section shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by a city, county, city and county, or special district district, or local educational agency to address gender equity in athletic programs.(j)(g) This section and any ordinances, regulations, or resolutions adopted pursuant to this section by a city, county, city and county, or special district district, or local educational agency may be enforced against a city, county, city and county, or special district district, or local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(h) For purposes of this section, the following definitions apply:(1) Community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(2) Local educational agency means a school district, county office of education, or charter school.(3) Parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics. |
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| 159 | | - | |
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| 160 | | - | SECTION 1. Section 53080 of the Government Code is amended to read: |
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| 161 | | - | |
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| 162 | | - | ### SECTION 1. |
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| 163 | | - | |
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| 164 | | - | 53080. (a) No city, county, city and county, or special district, including, but not limited to, a community services district, recreation and park district, regional park district, regional park and open-space district, regional open-space park district, or resort improvement district district, or local educational agency shall discriminate against any person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or interscholastic athletic programs, or in the allocation of parks and recreation facilities and resources resources, or school and recreation facilities and resources, that support or enable these programs.(b) The Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(c)As used in this section, community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(d)As used in this section, parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(e)(c) It is the intent of the Legislature in enacting this section that girls shall be accorded opportunities for participation in community youth athletics programs equal, both in quality and scope, to those accorded to boys.(f)(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodate the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through a city, a county, a city and county, or a special district.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(g)(e) In making the determination under paragraph (1) of subdivision (f), (d), a court shall assess whether the city, county, city and county, or special district district, or local educational agency has effectively accommodated the athletic interests and abilities of both genders in any one of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2)Where the members of one gender have been, and continue to be, underrepresented in community youth athletics programs, the city, county, city and county, or special district can show a history and continuing practice of program expansion and allocation of resources that are demonstrably responsive to the developing interests and abilities of the members of that gender.(3)(2) Where the members of one gender are underrepresented in community youth athletics programs, the city, county, city and county, or special district district, or local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(h)Effective January 1, 2015, a city, county, city and county, and special district may no longer rely on paragraph (2) of subdivision (g) to show that they have accommodated the athletic interests and abilities of both genders.(i)(f) Nothing in this section shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by a city, county, city and county, or special district district, or local educational agency to address gender equity in athletic programs.(j)(g) This section and any ordinances, regulations, or resolutions adopted pursuant to this section by a city, county, city and county, or special district district, or local educational agency may be enforced against a city, county, city and county, or special district district, or local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(h) For purposes of this section, the following definitions apply:(1) Community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(2) Local educational agency means a school district, county office of education, or charter school.(3) Parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics. |
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| 165 | | - | |
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| 166 | | - | 53080. (a) No city, county, city and county, or special district, including, but not limited to, a community services district, recreation and park district, regional park district, regional park and open-space district, regional open-space park district, or resort improvement district district, or local educational agency shall discriminate against any person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or interscholastic athletic programs, or in the allocation of parks and recreation facilities and resources resources, or school and recreation facilities and resources, that support or enable these programs.(b) The Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(c)As used in this section, community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(d)As used in this section, parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(e)(c) It is the intent of the Legislature in enacting this section that girls shall be accorded opportunities for participation in community youth athletics programs equal, both in quality and scope, to those accorded to boys.(f)(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodate the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through a city, a county, a city and county, or a special district.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(g)(e) In making the determination under paragraph (1) of subdivision (f), (d), a court shall assess whether the city, county, city and county, or special district district, or local educational agency has effectively accommodated the athletic interests and abilities of both genders in any one of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2)Where the members of one gender have been, and continue to be, underrepresented in community youth athletics programs, the city, county, city and county, or special district can show a history and continuing practice of program expansion and allocation of resources that are demonstrably responsive to the developing interests and abilities of the members of that gender.(3)(2) Where the members of one gender are underrepresented in community youth athletics programs, the city, county, city and county, or special district district, or local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(h)Effective January 1, 2015, a city, county, city and county, and special district may no longer rely on paragraph (2) of subdivision (g) to show that they have accommodated the athletic interests and abilities of both genders.(i)(f) Nothing in this section shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by a city, county, city and county, or special district district, or local educational agency to address gender equity in athletic programs.(j)(g) This section and any ordinances, regulations, or resolutions adopted pursuant to this section by a city, county, city and county, or special district district, or local educational agency may be enforced against a city, county, city and county, or special district district, or local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(h) For purposes of this section, the following definitions apply:(1) Community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(2) Local educational agency means a school district, county office of education, or charter school.(3) Parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics. |
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| 167 | | - | |
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| 168 | | - | 53080. (a) No city, county, city and county, or special district, including, but not limited to, a community services district, recreation and park district, regional park district, regional park and open-space district, regional open-space park district, or resort improvement district district, or local educational agency shall discriminate against any person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or interscholastic athletic programs, or in the allocation of parks and recreation facilities and resources resources, or school and recreation facilities and resources, that support or enable these programs.(b) The Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.(c)As used in this section, community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(d)As used in this section, parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(e)(c) It is the intent of the Legislature in enacting this section that girls shall be accorded opportunities for participation in community youth athletics programs equal, both in quality and scope, to those accorded to boys.(f)(d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:(1) Whether the selection of community youth athletics programs offered effectively accommodate the athletic interests and abilities of members of both genders.(2) The provision of moneys, equipment, and supplies.(3) Scheduling of games and practice times.(4) Opportunity to receive coaching.(5) Assignment and compensation of coaches.(6) Access to lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through a city, a county, a city and county, or a special district.(7) Selection of the season for a sport.(8) Location of the games and practices.(9) Locker rooms.(10) Practice and competitive facilities.(11) Publicity.(12) Officiation by umpires, referees, or judges who have met training and certification standards.(g)(e) In making the determination under paragraph (1) of subdivision (f), (d), a court shall assess whether the city, county, city and county, or special district district, or local educational agency has effectively accommodated the athletic interests and abilities of both genders in any one of the following ways:(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.(2)Where the members of one gender have been, and continue to be, underrepresented in community youth athletics programs, the city, county, city and county, or special district can show a history and continuing practice of program expansion and allocation of resources that are demonstrably responsive to the developing interests and abilities of the members of that gender.(3)(2) Where the members of one gender are underrepresented in community youth athletics programs, the city, county, city and county, or special district district, or local educational agency can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.(h)Effective January 1, 2015, a city, county, city and county, and special district may no longer rely on paragraph (2) of subdivision (g) to show that they have accommodated the athletic interests and abilities of both genders.(i)(f) Nothing in this section shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by a city, county, city and county, or special district district, or local educational agency to address gender equity in athletic programs.(j)(g) This section and any ordinances, regulations, or resolutions adopted pursuant to this section by a city, county, city and county, or special district district, or local educational agency may be enforced against a city, county, city and county, or special district district, or local educational agency by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.(h) For purposes of this section, the following definitions apply:(1) Community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.(2) Local educational agency means a school district, county office of education, or charter school.(3) Parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.(4) School and recreation facilities and resources include, but are not limited to, school facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands, and storage spaces; lands and areas accessed through permitting, renting, leasing, or other land use arrangements, or otherwise accessed through local educational agencies; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics. |
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| 169 | | - | |
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| 170 | | - | |
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| 171 | | - | |
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| 172 | | - | 53080. (a) No city, county, city and county, or special district, including, but not limited to, a community services district, recreation and park district, regional park district, regional park and open-space district, regional open-space park district, or resort improvement district district, or local educational agency shall discriminate against any person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or interscholastic athletic programs, or in the allocation of parks and recreation facilities and resources resources, or school and recreation facilities and resources, that support or enable these programs. |
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| 173 | | - | |
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| 174 | | - | (b) The Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases. |
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| 175 | | - | |
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| 176 | | - | (c)As used in this section, community youth athletics program means any athletic program in which youth solely or predominantly participate, that is organized for the purposes of training for and engaging in athletic activity and competition, and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district. |
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| 177 | | - | |
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| 178 | | - | |
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| 179 | | - | |
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| 180 | | - | (d)As used in this section, parks and recreation facilities and resources include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics. |
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| 181 | | - | |
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| 182 | | - | |
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| 183 | | - | |
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| 184 | | - | (e) |
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| 185 | | - | |
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| 186 | | - | |
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| 187 | | - | |
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| 188 | | - | (c) It is the intent of the Legislature in enacting this section that girls shall be accorded opportunities for participation in community youth athletics programs equal, both in quality and scope, to those accorded to boys. |
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| 189 | | - | |
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| 190 | | - | (f) |
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| 191 | | - | |
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| 192 | | - | |
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| 193 | | - | |
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| 194 | | - | (d) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists: |
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| 195 | | - | |
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| 196 | | - | (1) Whether the selection of community youth athletics programs offered effectively accommodate the athletic interests and abilities of members of both genders. |
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