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

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Date Published: 03/28/2017 04:00 AM
AB23:v97#DOCUMENT

Amended  IN  Assembly  March 27, 2017
Amended  IN  Assembly  January 31, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 23


Introduced by Assembly Member Ridley-Thomas
(Coauthor: Senator Mitchell)

December 05, 2016


An act to add Article 4.5 (commencing with Section 232) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to educational programs, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 23, as amended, Ridley-Thomas. Educational programs: single gender academies schools and instructional programs.
Existing law authorizes the governing board of a school district to initiate and carry on any program or activity, or to otherwise act in any manner, which manner which is not in conflict or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established.
Existing law prohibits discrimination against a person on the basis of, among other things, gender in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid.
This bill would authorize a local educational agency to implement establish single gender academies schools and instructional programs if certain requirements are met. The bill would require a local educational agency that implements establishes a single gender academy school or instructional program to conduct an evaluation at least once every 2 years, as specified.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


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 Academies Schools and Instructional Programs

232.
 (a)The Legislature finds and declares that there is a need to increase the diversity of California’s public educational offerings by making single gender academies 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.).

(b)It is the intent of the Legislature that single gender academies and instructional programs shall be tailored to the differing needs and learning styles of boys as a group and girls as a group.

232.2.
 A Notwithstanding Section 220 as it relates to discrimination on the basis of gender, a local educational agency may implement establish single gender academies schools and instructional programs if pursuant to a policy adopted by the governing board of the local educational agency, or the governing body if the local educational agency is a charter school, that addresses how the local educational agency will ensure compliance with Title IX regulations (34 C.F.R. Part 106), as they read on October 25, 2006, including, but not necessarily limited to, all of the following requirements are met: requirements:
(a) The single gender aspect of the academy school or instructional program serves will serve an important local educational agency objective. objective to do either of the following:
(1) Improve the educational achievement of its pupils through the local educational agency’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.
(2) 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.
(b) The local educational agency implements will implement its objective in an evenhanded manner.
(c) Pupil enrollment in a single gender academy school or instructional program is will be voluntary.
(d) The (1) Except as provided in paragraph (2), the local educational agency provides will provide to pupils of both genders a substantially equal coeducational class, extracurricular activity, or program in the same subject.
(2) Paragraph (1) shall not apply to a nonvocational charter school that is a single school local educational agency 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 local educational agency that implements establishes a single gender academy school or instructional program pursuant to Section 232.2 shall conduct an evaluation at least once every two years to ensure that the single gender aspect of the academy 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 academy school or program is substantially related to the achievement of the important objective for the academy school or program.

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 academies schools and instructional programs that serve important local educational agency objectives, it is necessary that this act take effect immediately.