Dear County and District Superintendents; Superintendents of State Special Schools; and Public, Charter, and Private School Administrators:

SEX EQUITY IN EDUCATION ACT ANNUAL NOTIFICATION

Title IX remains a critical federal civil rights law which prohibits discrimination on the basis of sex (including sexual harassment) in our schools. It protects male and female students and employees in any educational entity that receives federal funds. In addition, Title IX protects transgender students and students who do not conform to sex stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation.

California Education Code Section 221.61 strengthens and expands upon Title IX and state sex equity in education requirements. Specifically, by July 1, 2017, public schools, private schools, school districts, county offices of education, and charter schools receiving federal funding were required to post information on their internet website relative to the designated Title IX Coordinator, the rights of students and the responsibilities of schools, and a description of how to file a complaint. Schools should continue to monitor and update information to reflect changes in staff as well as any state and federal legal requirements.

To fully understand the Title IX requirements, we recommend an examination of 34 Code of Federal Regulations, Part 106. Additionally, the law may not be applicable to all private schools receiving federal funds. There are specific federal guidelines allowing exemptions to the Title IX requirements if funds are received under the Elementary and Secondary Education Act (ESEA) and the Individuals with Disabilities Education Act (IDEA). For more information, please visit the Office of Civil Rights’ Frequently Asked Questions page.

These requirements are essential to ensure equity in education, and your efforts are greatly appreciated. If you have any questions, please contact my staff by phone at 916-445-9174 or by email at oeoinfo@cde.ca.gov.

Sincerely,

[Original copy on file at CDE]

Randi Solís-Thompson, Director
Civil Rights, Title IX, ADA/504, MOA Coordinator
Office of Equal Opportunity
California Department of Education
1430 N Street, Room 4206
Sacramento, CA 95814
Phone: 916-445-9174
Fax: 916-324-9818
oeoinfo@cde.ca.gov

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Attachment

Nondiscrimination Statement

The State of California, Department of Education (CDE), is committed to ensuring equal, fair, and meaningful access to employment and education services. The CDE does not discriminate in any employment practice, education program, or educational activity on the basis and/or association with a person or group with one or more of these actual or perceived characteristics of age, ancestry, color, disability, ethnicity, gender, gender identity, gender expression, genetic information, marital status, medical condition, military or veteran status, national origin, immigration status, political affiliation, pregnancy and related conditions, race, religion, retaliation, sex (including sexual harassment), sexual orientation, or any other basis prohibited by California state and federal nondiscrimination laws respectively. Not all bases of discrimination will apply to both education services and employment. The Office of Equal Opportunity is charged with overseeing, leading, and directing the CDE’s efforts to meet the legal obligations set forth in state and federal civil rights laws, and regulations in CDE employment and delivery of education services. Inquiries regarding nondiscrimination and civil rights should be directed to the Office of Equal Opportunity.

Attachment

Implementation of the Sex Equity in Education Act

The following information from state and federal statute was gathered to assist in understanding how the amendments in SB 1375 expand upon the requirements of Title IX. This is not an exhaustive examination and, therefore, should not be used as a substitute for careful reading of the regulations themselves.

Sex Equity in Education Act

California Education Code, 221.61

1. On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following:
   
   
   1. The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address.
      
      
   2. The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8.
      
      
   3. A description of how to file a complaint under Title IX, which shall include all of the following:
      
      
      1. An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations.
         
         
      2. An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site.
         
         
      3. An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office.
         
         
2. On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX.
   
   
3. A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education.
   
   
4. Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one.

Title IX Requirements

34 CFR [Code of Federal Regulations] 106.8

1. Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance with this part or alleging any actions which would be prohibited by this part. The recipient shall notify all its students and employees of the name, office address and telephone number of the employee or employees appointed pursuant to this paragraph.
   
2. Complaint procedure of recipient. A recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by this part.

(Authority: 34 C.F.R. Sec 106.8)

106.9 Dissemination of Policy

1. Notification of policy.
   
   
   1. Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, that it does not discriminate on the basis of sex in the educational program or activity which it operates, and that it is required by Title IX and this part not to discriminate in such a manner. Such notification shall contain such information and be made in such manner as the Assistant Secretary finds necessary to apprise such persons of the protections against discrimination assured them by Title IX and this part, but shall state at least that the requirement not to discriminate in the education program or activity extends to employment therein, and to admission thereto unless Subpart C does not apply to the recipient, and that inquiries concerning the application of Title IX and this part to such recipient may be referred to the employee designated pursuant to Sec. 106.8, or to the Assistant Secretary.
      
      
   2. Each recipient shall make the initial notification required by paragraph (a)(1) of this section within 90 days of the effective date of this part or of the date this part first applies to such recipient, whichever comes later, which notification shall include publication in:
      
      
      1. Local newspapers;
         
      2. Newspapers and magazines operated by such recipient or by student, alumnae, or alumni groups for or in connection with such recipient; and
         
         
      3. Memoranda or other written communications distributed to every student and employee of such recipient.
         
         
2. Publications.
   
   
   1. Each recipient shall prominently include a statement of the policy described in paragraph (a) of this section in each announcement, bulletin, catalog, or application form which it makes available to any person of a type, described in paragraph (a) of this section, or which is otherwise used in connection with the recruitment of students or employees.
      
      
   2. A recipient shall not use or distribute a publication of the type described in this paragraph which suggests, by text or illustration, that such recipient treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by this part.
      
      
3. Distribution. Each recipient shall distribute without discrimination on the basis of sex each publication described in paragraph (b) of this section, and shall apprise each of its admission and employment recruitment representatives of the policy of nondiscrimination described in paragraph (a) of this section, and require such representatives to adhere to such policy.

(Authority: 34 C.F.R. Sec 106.8)