Existing law prohibits public funds from being used in connection with any athletic program conducted under the auspices of a school district governing board or any student organization within the district, which does not provide equal opportunity to both sexes for participation and for use of facilities.
Existing law prohibits a city, county, city and county, or special district from discriminating against any person on the basis of gender in the operation, conduct, or administration of community youth athletics programs, as defined, or in the allocation of school and recreation facilities and resources, as defined, that support or enable these programs. Existing law creates an independent right to bring a civil action for a violation of this prohibition for equitable and monetary relief, as specified.
This bill would prohibit a school district, county office of education, or charter school from discriminating against a person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or in the allocation or rental to a third-party community youth athletics program of school and recreation facilities and resources that support or enable the program. The bill would create an independent right to bring a civil action for equitable and monetary relief for a violation of this prohibition, as specified. The bill would require the courts to consider, in civil actions brought under these provisions or applicable antidiscrimination laws alleging discrimination in community youth athletics programs, specified factors in determining whether discrimination exists, including whether the selection of community youth athletics programs offered effectively accommodates the athletic interests and abilities of members of both genders. By imposing a new duties on local educational agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.