Text of CA SB 363 (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, the Education Code, relating to educational equity. LEGISLATIVE COUNSEL'S DIGEST SB 363, as introduced, Leyva. Educational equity: government instruction conferences: Sacramento. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: 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 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.

Senate Bill No. 363 CHAPTER 676 An act to amend, repeal, and add Section 224 of the Education Code, relating to educational equity. [ Approved by Governor October 08, 2021. Filed with Secretary of State October 08, 2021. ] LEGISLATIVE COUNSEL'S DIGEST SB 363, 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, commencing January 1, 2023, 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, or with their assigned birth gender, allowing those pupils to participate in either conference. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text 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 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.