SB 363: Educational equity: government instruction conferences.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-10-08
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, commencing January 1, 2023, would exempt from the acts 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, or with their assigned birth gender, allowing those pupils to participate in either conference.
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, commencing January 1, 2023, would exempt from the acts 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, or with their assigned birth gender, allowing those pupils to participate in either conference.
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, commencing January 1, 2023, would exempt from the acts 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, or with their assigned birth gender, allowing those pupils to participate in either conference.
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 bill, commencing January 1, 2023, would exempt from the acts 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 participate in either conference.
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 acts 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.
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.
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.
(a)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:
(1)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.
(2)Any program or activity of any secondary educational institution specifically for any of the following purposes:
(A)The promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference.
(B)The selection of students to attend any of those conferences.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 2.Section 224 is added to the Education Code, to read:224.(a)The sex discrimination provisions of this chapter shall not 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 all of the following every year that the conferences take place:
(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, or who do not identify with their assigned gender at birth, are allowed to participate in either conference.
(6)The conferences comply with all other nondiscrimination provisions of state and federal law.
(b)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 either of the following purposes:
(1)The promotion of any Boys State or Girls State conference.
(2)The selection of pupils to attend either of those conferences.
(c)This section shall become operative on January 1, 2023.
(a)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:
(1)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.
(2)Any program or activity of any secondary educational institution specifically for any of the following purposes:
(A)The promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference.
(B)The selection of students to attend any of those conferences.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 2.Section 224 is added to the Education Code, to read:224.(a)The sex discrimination provisions of this chapter shall not 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 all of the following every year that the conferences take place:
(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, or who do not identify with their assigned gender at birth, are allowed to participate in either conference.
(6)The conferences comply with all other nondiscrimination provisions of state and federal law.
(b)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 either of the following purposes:
(1)The promotion of any Boys State or Girls State conference.
(2)The selection of pupils to attend either of those conferences.
(c)This section shall become operative on January 1, 2023.
(a)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:
(1)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.
(2)Any program or activity of any secondary educational institution specifically for any of the following purposes:
(A)The promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference.
(B)The selection of students to attend any of those conferences.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 2.Section 224 is added to the Education Code, to read:224.(a)The sex discrimination provisions of this chapter shall not 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 all of the following every year that the conferences take place:
(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 female, or who do not identify with their assigned gender at birth, are allowed to participate in either conference.
(6)The conferences comply with all other nondiscrimination provisions of state and federal law.
(b)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 either of the following purposes:
(1)The promotion of any Boys State or Girls State conference.
(2)The selection of pupils to attend either of those conferences.
(c)This section shall become operative on January 1, 2023.
(a)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)(1)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)(2)Any program or activity of any secondary educational institution specifically for any of the following purposes:
(1)(A)The promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference.
(2)(B)The selection of students to attend any of those conferences.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 2.Section 224 is added to the Education Code, to read:224.(a)The sex discrimination provisions of this chapter shall not 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 all of the following every year that the conferences take place:
(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 participate in either conference.
(6)The conferences comply with all other nondiscrimination provisions of state and federal law.
(b)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 either of the following purposes:
(1)The promotion of any Boys State or Girls State conference.
(2)The selection of pupils to attend either of those conferences.
(c)This section shall become operative on January 1, 2023.
SECTION 1.Section 224 of the Education Code is amended to read:224.(a)The sex discrimination provisions of this chapter shall not 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 all of the following every year that the conferences take place:(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)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 or Girls State conference.(2)The selection of pupils to attend either of those conferences.(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.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 students 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.
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Date
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Status
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|---|---|
| Oct 8, 2021 | Chaptered by Secretary of State. Chapter 676, Statutes of 2021. |
| Oct 8, 2021 | Approved by the Governor. |
| Sep 9, 2021 | Enrolled and presented to the Governor at 1 p.m. |
| Sep 2, 2021 | Assembly amendments concurred in. (Ayes 30. Noes 1. Page 2353.) Ordered to engrossing and enrolling. |
| Sep 1, 2021 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 1, 2021 | Read third time. Passed. (Ayes 60. Noes 5. Page 2594.) Ordered to the Senate. |
| Jul 15, 2021 | Read second time. Ordered to third reading. |
| Jul 14, 2021 | Read second time and amended. Ordered to second reading. |
| Jul 13, 2021 | From committee: Do pass as amended. (Ayes 8. Noes 2.) (July 13). |
| Jun 23, 2021 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (June 23). Re-referred to Com. on JUD. |
| Jun 14, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| May 28, 2021 | Referred to Coms. on ED. and JUD. |
| May 17, 2021 | In Assembly. Read first time. Held at Desk. |
| May 17, 2021 | Read third time. Passed. (Ayes 29. Noes 2. Page 1108.) Ordered to the Assembly. |
| May 11, 2021 | Read second time and amended. Ordered to third reading. |
| May 10, 2021 | From committee: Do pass as amended. (Ayes 9. Noes 0. Page 1019.) (May 4). |
| Apr 23, 2021 | Set for hearing May 4. |
| Apr 21, 2021 | Re-referred to Com. on JUD. |
| Apr 14, 2021 | From committee: Do pass and re-refer to Com. on RLS. (Ayes 4. Noes 1. Page 793.) (April 14). Re-referred to Com. on RLS. |
| Apr 8, 2021 | Set for hearing April 14. |
| Apr 5, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Mar 15, 2021 | March 17 set for first hearing canceled at the request of author. |
| Mar 5, 2021 | Set for hearing March 17. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 17, 2021 | Referred to Com. on ED. |
| Feb 11, 2021 | From printer. May be acted upon on or after March 13. |
| Feb 10, 2021 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 2, 2021 | Unfinished Business SB363 Leyva et al. Concurrence | Senate Floor |
Passed |
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| Sep 1, 2021 | SB 363 Leyva Senate Third Reading By Lorena Gonzalez | Assembly Floor |
Passed |
|
| May 17, 2021 | Senate 3rd Reading SB363 Leyva et al. | Senate Floor |
Passed |
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Bill Author
