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

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Date Published: 05/11/2021 09:00 PM
SB363:v97#DOCUMENT

Amended  IN  Senate  May 11, 2021
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 repeal amend Section 224 of the Education Code, relating to educational equity.


LEGISLATIVE COUNSEL'S DIGEST


SB 363, as amended, Leyva. Educational equity: government instruction 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 repeal the exception to the sex discrimination provisions of the act for those American Legion and secondary educational institution programs and activities.

This bill would exempt from the act’s sex discrimination provisions, and other specified provisions, any gender-segregated programs or activities of the American Legion or the American Legion Auxiliary related to their respective yearly Girls State and Boys State conferences and any promotion of, or selection of pupils for, any of those conferences by secondary educational institutions if the conferences comply with certain conditions, including providing substantially similar access to government officials and facilities, providing substantially similar programming, except as specified, providing an equal number of participation opportunities, and, for pupils who do not identify as either male or female, allowing those pupils to apply to either conference.
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 amended to read:

224.
 (a) The sex discrimination provisions of this article chapter shall not apply to any of the following, be construed to prevent the American Legion or the American Legion Auxiliary from operating programs and activities undertaken in connection with the organization or operation of any Boys State conference or Girls State conference in a gender-segregated manner provided that these conferences comply with other nondiscrimination provisions of state and federal law: all of the following every year that the conferences take place:

(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.

(1) The conferences provide substantially similar access to government officials and facilities.
(2) The conferences provide substantially similar programming except where the programming relates to the role of gender in public service specifically.
(3) There are an equal number of opportunities for girls to participate in the conferences as there are for boys.
(4) Any limitations on the number of pupils that can be nominated to attend the conferences from a single high school apply equally to boys and girls, unless the high school is a single-gender high school.
(5) Pupils who do not identify as either male or female are allowed to apply to either conference.
(6) The conferences comply with all other nondiscrimination provisions of state and federal law.
(b) Any program or activity of Provided that the Boys State conference and the Girls State conference meet all of the requirements of paragraphs (1) to (6), inclusive, of subdivision (a), the sex discrimination provisions of this chapter shall not be construed to prevent any secondary educational institution from engaging in programs or activities specifically for any of the following purposes:
(1) The promotion of any Boys State conference, Boys Nation conference, or Girls State conference, or Girls Nation conference.
(2) The selection of students pupils to attend any either of those conferences.

SECTION 1.Section 224 of the Education Code is repealed.