Bill Summary – FastDemocracy

SENATE RULES COMMITTEE                                                          SR 41
 Office of Senate Floor Analyses
 (916) 651-1520 Fax: (916) 327-4478
                                 THIRD READING
Bill No:      SR 41
Author:       Menjivar (D), et al.
Introduced:   5/22/23
Vote:         Majority
SUBJECT: Title IX
SOURCE: Author
DIGEST: This resolution commemorates the 51th anniversary of the enactment of
Title IX and urges Californians to continue to work together to achieve the goals
set by Title IX.
ANALYSIS: This resolution makes the following legislative findings:
1) Title IX of the Education Amendments of 1972 is a federal law that
   specifically states that no person in the United States shall, on the basis of sex,
   be excluded from participation in, be denied the benefits of, or be subjected to
   discrimination under any education program or activity receiving federal
   financial assistance.
2) All public and private elementary schools and secondary schools, school
   districts, colleges, and universities receiving any federal funding must comply
   with Title IX.
3) Title IX requires equal access in recruitment, admissions, counseling, financial
   assistance, discipline, employment, and athletics; protection from sex-based
   harassment; and equitable treatment of pregnant and parenting students.
4) Before the enactment of Title IX, many women and girls faced discrimination
   and limited opportunities in athletics, academics, and extracurricular activities.
5) The educational equity guaranteed in Title IX does not solely apply to women;
   it protects everyone from sex-based discrimination, regardless of real or
   perceived sex, gender identity, or gender expression.
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6) Discrimination on the basis of sex can include sexual harassment or sexual
   violence, including rape, sexual assault, sexual battery, and sexual coercion.
7) Title IX has been used as a basis in a number of complaints alleging sexual
   violence on college campuses, as sexual violence interferes with a student's
   right to receive education free from discrimination.
8) Multiple California colleges and universities are currently under investigation
   by the United States Department of Education for their handling of sexual
   violence and sexual harassment cases.
9) Title IX, which governs educational equity generally, is widely known for
   ensuring equal access to women and girl athletes.
10) Nearly all of the members of the United States Women's National Soccer
    Team, which is ranked #1 in the world and continues to make our nation
    proud, played collegiate level soccer and had Title IX protections.
11) As of 2019, the girls' high school athletics participation rate is greater than 10
    times what it was when Title IX passed, an increase of more than 1,000
    percent.
12) Title IX regulations require that pregnant and parenting students have equal
    access to schools and activities, and that all separate programs for pregnant or
    parenting students be completely voluntary and equal to the regular programs.
13) Title IX has been the basis for California laws that protect graduate students
    from discrimination on the basis of pregnancy in research projects in California
    universities, laws requiring affirmative consent, and laws requiring lactation
    accommodations in California schools.
14) It is the policy of the state that all persons, regardless of their sex, should enjoy
    freedom from discrimination of any kind in the educational institutions of the
    state.
15) Although Title IX has increased opportunities for girls and women in
    academics, sports, and other educational activities, it has not yet achieved the
    goal of full equality.
This resolution:
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1) Urges Californians to continue to work together to achieve the goals set by Title
   IX of increased opportunities for girls and women in academics, sports, and
   other educational activities.
2) Commemorates, on June 23, 2023, the 51st anniversary of Title IX, and
   commends the national movement toward increased equality and fair treatment
   of all students.
Background
This resolution acknowledges the profound impact of Title IX of the Federal
Education Amendments of 1972 and emphasizes the importance of working
together to achieve the goals set by Title IX of increased opportunities for girls and
women in academics, sports, and other educational activities.
Title IX was signed into law on June 23, 1972, prohibiting sex discrimination in
education programs and activities offered by entities receiving federal financial
assistance. While it is best known for its impact on high school sports and
collegiate athletics, the original statute made no explicit mention of sports. In fact,
Title IX has had a multi-faceted impact, increasing gender equity in athletics and
employment, and strengthening protections from gender-based harassment and
violence, as well as discrimination based on sex, gender identity, sexual
orientation, parenthood, and pregnancy.
FISCAL EFFECT: Appropriation: No               Fiscal Com.:    No     Local: No
SUPPORT: (Verified 5/30/23)
None received
OPPOSITION: (Verified 5/30/23)
None received
Prepared by: Jonas Austin / SFA / (916) 651-1520
5/31/23 15:33:15
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