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AB-23 Educational programs: single gender schools and instructional programs.(2017-2018)



SECTION 1.

 Article 4.5 (commencing with Section 232) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read:

Article  4.5. Single Gender Schools and Instructional Programs
232.
 The Legislature finds and declares that there is a need to increase the diversity of California’s public educational offerings by making single gender schools and instructional programs available to pupils of each gender who, because of their unique educational needs, will benefit from single gender education that is aligned with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
232.2.
 (a) (1) Notwithstanding Section 220 as it relates to discrimination on the basis of gender, a school district with an average daily attendance of 400,000 or more pupils may establish single gender schools and instructional programs pursuant to a policy adopted by the governing board of the school district that addresses how the school district will ensure compliance with Title IX regulations (34 C.F.R. Part 106), as they read on October 25, 2006.
(2) Notwithstanding Section 220 as it relates to discrimination on the basis of gender, a charter school authorized by a school district with an average daily attendance of 400,000 or more pupils may be established as a single gender school or may establish single gender instructional programs pursuant to a policy adopted by the governing body of the charter school that addresses how the charter school will ensure compliance with Title IX regulations (34 C.F.R. Part 106), as they read on October 25, 2006.
(b) A policy adopted pursuant to subdivision (a) shall include, but not necessarily be limited to, all of the following requirements:
(1) The single gender aspect of the school or instructional program will serve an important school district or charter school objective to do either of the following:
(A) Improve the educational achievement of its pupils through the school district’s or charter school’s overall established policy to provide diverse educational opportunities, provided that the single gender nature of the school or instructional program is substantially related to achieving that objective.
(B) Meet the particular, identified educational needs of its pupils, provided that the single gender nature of the school or instructional program is substantially related to achieving that objective.
(2) The school district or charter school will implement its objective in an evenhanded manner.
(3) Pupil enrollment in a single gender school or instructional program will be voluntary.
(4) (A) Except as provided in subparagraph (B), the school district or charter school will provide to pupils of both genders a substantially equal coeducational class, extracurricular activity, or program in the same subject.
(B) Subparagraph (A) shall not apply to a nonvocational charter school that is a single school that is not part of a network or chain of charter schools or a charter school management organization that has more than one school.
232.4.
 (a) A school district that establishes a single gender school or instructional program, or a charter school that is established as a single gender school or that establishes a single gender instructional program, pursuant to Section 232.2 shall conduct the following evaluations at least once every two years:
(1) An evaluation to ensure that the single gender aspect of the school or program is based upon genuine justifications and does not rely on overly broad generalizations about the different talents, capacities, or preferences of either gender and that the single gender nature of the school or program is substantially related to the achievement of the important objective for the school or program.
(2) An evaluation that examines whether the single gender school or instructional program has been effective as compared to coeducational schools.
(3) An evaluation of the impact of the single gender school or instructional program on pupils who identify as lesbian, gay, bisexual, transgender, questioning, or gender nonconforming.
(b) The school district or charter school shall submit the findings of the evaluations required pursuant to subdivision (a) to the Senate Committee on Education and the Assembly Committee on Education.
232.6.
 This article shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to authorize, at the earliest possible time, the use of single gender schools and instructional programs that serve important school district and charter school objectives, it is necessary that this act take effect immediately.