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SB-363 Educational equity: government instruction conferences.(2021-2022)

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Date Published: 04/05/2021 09:00 PM
SB363:v98#DOCUMENT

Amended  IN  Senate  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 363


Introduced by Senator Leyva
(Coauthor: Senator Wiener)

February 10, 2021


An act to amend Section 224 of, and to add Section 224.1 to, repeal Section 224 of the Education Code, relating to educational equity.


LEGISLATIVE COUNSEL'S DIGEST


SB 363, as amended, Leyva. Educational equity: government instruction conferences: Sacramento. conferences.
The Sex Equity in Education Act states the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted without regard to the sex of the pupil enrolled in these classes or courses. Under existing law, the sex discrimination provisions of the act do not apply to any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference, or to any program or activity of any secondary educational institution specifically for the promotion of any of those conferences or for the selection of pupils to attend those conferences if the conferences comply with other nondiscriminatory provisions of state and federal law.

This bill would prohibit public funds or resources from being used in connection with any secondary educational program of government instruction located in Sacramento that does not provide an equal opportunity for female and male pupils to participate and use facilities in Sacramento. The bill would specifically subject those American Legion programs and activities to this prohibition.

This bill would repeal the exception to the sex discrimination provisions of the act for those American Legion and secondary educational institution programs and activities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 224 of the Education Code is repealed.
224.

The sex discrimination provisions of this article shall not apply to any of the following, provided that these conferences comply with other nondiscrimination provisions of state and federal law:

(a)Any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference.

(b)Any program or activity of any secondary educational institution specifically for any of the following purposes:

(1)The promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference.

(2)The selection of students to attend any of those conferences.

SECTION 1.Section 224 of the Education Code is amended to read:
224.

The sex discrimination provisions of this article shall not apply to any of the following, provided that these conferences comply with Section 224.1 and other nondiscrimination provisions of state and federal law:

(a)Any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference.

(b)Any program or activity of any secondary educational institution specifically for any of the following purposes:

(1)The promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference.

(2)The selection of pupils to attend any of those conferences.

SEC. 2.Section 224.1 is added to the Education Code, to read:
224.1.

(a)The Legislature finds and declares all of the following:

(1)Access to, and equal rights and opportunities in, education is a fundamental right for all persons, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic.

(2)Civics education is a foundation that encourages pupils to develop an informed, ethical, and strong sense of citizenry, which ensures a future generation is fully prepared to function as informed citizens who value freedom and democracy in civil society.

(3)When an organization fails to provide an equal opportunity for both genders to participate in civics education, whether due to funding, location, time, equipment, or personal investment, the organization is showing that one gender does not have as promising of a future as the other.

(4)Organizational failure to invest equitably in civics education programs, and discrimination based on gender, has historically led to disenfranchisement, unequal representation, and gender-based marginalization.

(5)Female secondary school pupils are not accorded opportunities equal to those accorded to male secondary school pupils in the participation of certain civic state conferences held in Sacramento.

(b)It is the intent of the Legislature that opportunities to travel to Sacramento to learn about local, county, and state government and to visit the State Capitol and meet with members of the Legislature be provided equally to male and female secondary school pupils.

(c)Notwithstanding any other law, public funds or resources shall not be used in connection with any secondary educational program of government instruction located in Sacramento that does not provide an equal opportunity for female and male pupils to participate and use facilities in Sacramento. Facilities and participation include, but are not limited to, visiting the State Capitol and meeting with members of the Legislature or their staff, using state properties for temporary housing and classes while in Sacramento, and attending events hosted by local or state agencies and their personnel in Sacramento.