Date: Thu, 20 Apr 1995 14:05:22 -0700 (PDT)
From: Franklin Weston <faw@teetot.acusd.edu>
Subject: New AB 1001

Here is the new text of the Education Code - Sexual Orientation amentments:



                            THE STATE OF CALIFORNIA  
                                   BILL TEXT  
                                    STATENET  
           Copyright (c) 1995 by Information for Public Affairs, Inc.  
  
                       CALIFORNIA 1995-96 REGULAR SESSION  
  
                               ASSEMBLY BILL 1001  
  
                      AMENDED IN ASSEMBLY   APRIL 18, 1995  
                      AMENDED IN ASSEMBLY   MARCH 28, 1995  
                             ASSEMBLY BILL NO. 1001
==============================================
=================================   
                      INTRODUCED BY  ASSEMBLY MEMBER KUEHL  
         (PRINCIPAL COAUTHORS:  ASSEMBLY MEMBERS LEE, VASCONCELLOS,
                                 AND VILLARAIGOSA)   
(COAUTHORS:  ASSEMBLY MEMBERS [A> ARCHIE-HUDSON, <A] BATES,
VALERIE BROWN, DAVIS, DUCHENY, GALLEGOS, HAUSER, ISENBERG, KATZ,
KNOX, MARTINEZ, MAZZONI, KEVIN MURRAY, AND SHER)  
                               FEBRUARY 23, 1995
==============================================
=================================   
  
                               1995 CA A.B. 1001  
  
VERSION: Amended  
  
VERSION-DATE: April 18, 1995  
  
SYNOPSIS:    
  
   An act to amend Sections 260, 262, 262.1, 262.2, 35179, 40047, 44100, 44830, 45293,
47605, 48204, 51004, 51500, 51501, 58019, 58508, 60044, 69535, 69674, 69762, 69958, 72011,
72014, 87100, 87400, 88112, 89757, and 92150 of the Education Code, relating to education. 

  
DIGEST:  
  
                           LEGISLATIVE COUNSEL'S DIGEST  
  
   AB 1001, as amended, Kuehl.  Education:  sexual orientation: nondiscrimination.  
  
   (1) Existing law specifies that the governing board of a school district, the governing board
of a community college district, the Chancellor of the California State University, the
president of each California State University campus, the President of the University of
California, and the chancellor of each University of California campus have the primary
responsibility for ensuring that programs and activities under their jurisdiction are free from
discrimination based on ethnic group identification, religion, age, sex, color, or physical or
mental disability.  
  
   This bill would add sexual orientation to the basis on which discrimination is prohibited. 

  
   (2) Existing law prohibits discrimination based on race, sex, ethnicity, or religion in areas
relating to interscholastic athletics, employment of teachers and classified school employees,
charter schools, certain school district residency requirements, the Demonstration
Scholarship Act of 1973, alternative schools, various postsecondary financial aid programs,
the certain uses of certain funds of the California State University and the University of
California, and community college classes and programs.  
  
   This bill would add sexual orientation as a prohibited basis for discrimination.  
  
   (3) Existing law requires the use of donated school facilities by the donor organization to
terminate if the donor organization denies use of the facility to a person because of the
person's race, religion, creed, national origin, ancestry, or sex.  
  
   This bill would also require the termination of this use if the donor organization denies
use of the facility because of a persons's sexual orientation.  
  
   (4) Existing law prohibits a teacher from giving instruction and a school district from
sponsoring an activity that reflects adversely on persons because of their race, sex, color,
creed, handicap, national origin, or ancestry.   
  
   This bill would prohibit these actions if they reflect adversely on persons because of their
sexual orientation.  
  
   (5) Existing law prohibits the State Board of Education and the governing board of a
school district from adopting instructional materials that contain any matter that reflects
adversely on persons because of their race, sex, color, creed, handicap, national origin, or
ancestry.  
  
   This bill would also prohibit the adoption of instructional materials that contain any
matter that reflects adversely on persons because of their sexual orientation.  
  
   (6) This bill would be named the Dignity for All Students Act.   
  
   To the extent that the prohibitions in this bill would impose new duties on school districts
and community college districts, the bill would impose a state-mandated local program.  
  
   (7) 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, including the creation of a State Mandates Claims Fund to
pay the costs of mandates that do not exceed $ 1,000,000 statewide and other procedures
for claims whose statewide costs exceed $ 1,000,000.  
  
   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 these statutory provisions.   
  
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes. State-mandated local
program:  yes.  
NOTICE:    
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]  
[D> Text within these symbols is deleted <D]  
  
TEXT: THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: 
 
  
   SECTION 1.  This act may be cited as the "Dignity for All Students Act."   
  
   SEC. 2.  Section 260 of the Education Code is amended to read:   
  
   260.  The governing board of a school district has the primary responsibility for ensuring
that school district programs and activities are free from discrimination based on ethnic
group identification, religion, age, sex, sexual orientation, color, or physical or mental
disability, and for monitoring compliance with any and all rules and regulations promulgated
pursuant to Section 11138 of the Government Code.  
  
   SEC. 3.  Section 262 of the Education Code is amended to read:   
  
   262.  (a) The governing board of a community college district has the primary
responsibility for ensuring that community college district programs and activities are free
from discrimination based on ethnic group identification, religion, age, sex, sexual
orientation, color, or physical or mental disability.   
  
   (b) The Chancellor's office of the California Community Colleges has responsibility for
monitoring the compliance of each district with any and all regulations promulgated pursuant
to Section 11138 of the Government Code.   
  
   SEC. 4.  Section 262.1 of the Education Code is amended to read:   
  
   262.1.  The Chancellor of the California State University and the president of each
California State University campus has the primary responsibility for ensuring that campus
programs and activities are free from discrimination based on ethnic group identification,
religion, age, sex, sexual orientation, color, or physical or mental disability.  
  
   SEC. 5.  Section 262.2 of the Education Code is amended to read:   
  
   262.2.  (a) The President of the University of California and the chancellor of each
University of California campus has primary responsibility for ensuring that campus
programs and activities are free from discrimination based on ethnic group identification,
religion, age, sex, sexual orientation, color, or physical or mental disability.  
  
   (b) This section applies to the University of California only to the extent that the Regents
of the University of California, by appropriate resolution, make it applicable.  
  
   SEC. 6.  Section 35179 of the Education Code is amended to read:   
  
   35179.  (a) Each school district governing board has general control of, and is responsible
for, all aspects of the interscholastic athletic policies, programs, and activities in its district,
including, but not limited to, eligibility, season of sport, number of sports, personnel, and
sports facilities.  In addition, the board shall assure that all interscholastic policies, programs,
and activities in its district are in compliance with state and federal law.  
  
   (b) Governing boards may enter into associations or consortia with other boards for the
purpose of governing regional or statewide interscholastic athletic programs by permitting
the public schools under their jurisdictions to enter into a voluntary association with other
schools for the purpose of enacting and enforcing rules relating to eligibility for, and
participation in, interscholastic athletic programs among and between schools.   
  
   (c) Each governing board, or its designee, shall represent the individual schools located
within its jurisdiction in any voluntary association of schools formed or maintained pursuant
to this section.  
  
   (d) No voluntary interscholastic athletic association, of which any public school is a
member, shall discriminate against, or deny the benefits of any program to, any person on
the basis of race, sex, sexual orientation, or ethnic origin.  
  
   (e) Interscholastic athletics is defined as those policies, programs, and activities that are
formulated or executed in conjunction with, or in contemplation of, athletic contests between
two or more schools, either public or private.  
  
   (f) This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is
repealed, unless a later enacted statute, which becomes effective on or before January 1,
1998, deletes or extends the dates on which it becomes inoperative and is repealed.  
  
   SEC. 7.  Section 40047 of the Education Code is amended to read:   
  
   40047.  Notwithstanding the provisions of this article or any other provisions of law, when
a nonpartisan charitable organization organized under the laws of this state has constructed
or will construct, subject to the provisions of Article 3 (commencing with Section 39140) of
Chapter 2 of this part, a school athletic and youth center facility at no cost to a school
district, upon a school-district-owned site to be owned by and for the benefit of the school
occupying the site, the governing board of the school district, in accepting the donation and
prescribing the conditions and restrictions with respect thereto, may permit the general use
of the facility under the provisions of this article for specified supervised recreational
activities that are sponsored by or conducted by the donor organization, and may also permit
the donor organization to use the facility for this purpose at times when the facility is not
being used by the school district for the educational program and related school activities
of the designated beneficiary school, unless the use and occupancy of the facility by the
donor organization would otherwise interfere with the regular conduct of the school. Any
use granted to the donor organization shall, however, immediately and forever terminate if
the donor organization denies the use of the facility to any person because of the person's
race, religion, creed, national origin, ancestry, sex, or sexual orientation.  
  
   This section shall apply only to elementary school districts in San Diego County which had
an average daily attendance of 425 or less during the 1970-71 school year, and which, during
the 1970-71 school year, had a modified assessed valuation per pupil in average daily
attendance of between forty-five thousand dollars ($ 45,000) and fifty thousand dollars ($
50,000).   
  
   SEC. 8.  Section 44100 of the Education Code is amended to read:   
  
   44100.  The Legislature finds and declares that:  
  
   (a) Generally, California school districts employ a disproportionately low number of racial
and ethnic minority classified and certificated employees and a disproportionately low
number of women and members of racial and ethnic minorities in administrative positions. 

  
   (b) It is educationally sound for the minority pupil attending a racially impacted school
to have available to him or her the positive image provided by minority classified and
certificated employees. It is likewise educationally sound for the pupil from the majority
group to have positive experiences with minority people which can be provided, in part, by
having minority classified and certificated employees at schools where the enrollment is
largely made up of majority group pupils.  It is also educationally important for pupils to
observe that women as well as men can assume responsible and diverse roles in society.   
  
   (c) Past employment practices created artificial barriers and past efforts to promote
additional action in the recruitment, employment, and promotion of women and minorities
have not resulted in a substantial increase in employment opportunities for these persons. 

  
   (d) Lessons concerning democratic principles and the richness which racial diversity brings
to our national heritage can be best taught by the presence of staffs of mixed races and
ethnic groups working toward a common goal.   
  
   It is the intent of the Legislature to establish and maintain a policy of equal opportunity
in employment for all persons in every aspect of personnel policy and practice in
employment, development, advancement, and treatment of persons employed in the public
school system, and to promote the total realization of equal employment opportunity
through a continuing affirmative action employment program.  
  
   The Legislature recognizes that it is not enough to proclaim that public employers do not
discriminate in employment but that effort must also be made to build a community in which
opportunity is equalized.  It is the intent of the Legislature to require educational agencies
to adopt and implement plans for increasing the numbers of women and minority persons
at all levels of responsibility.  
  
   It is also the intent of the Legislature to prohibit discrimination based on race, sex, sexual
orientation, color, religion, age, disability, ancestry, or national origin in every aspect of
personnel policy and practice in employment, development, advancement, and treatment of
persons employed in the public school system.  
  
   SEC. 9.  Section 44830 of the Education Code is amended to read:   
  
   44830.  (a) A governing board of a school district shall employ for positions requiring
certification qualifications, only persons who possess the qualifications therefor prescribed
by law.  It is contrary to the public policy of this state for any person or persons charged,
by the governing boards, with the responsibility of recommending persons for employment
by the boards to refuse or to fail to do so for reasons of race, color, religious creed, sex,
sexual orientation, or national origin of the applicants for that employment.   
  
   (b) Commencing on February 1, 1983, no school district governing board shall initially hire
on a permanent, temporary, or substitute basis a certificated person seeking employment in
the capacity designated in his or her credential unless that person has demonstrated basic
skills proficiency as provided in Section 44252.5 or unless the person is exempted from the
requirement by subdivisions (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), and (n).   
  
   (1) The governing board of a school district, with the authorization of the Commission on
Teacher Credentialing, may administer the basic skills proficiency test required under the
provisions of Sections 44252 and 44252.5.   
  
   (2) The superintendent, in conjunction with the commission and local governing boards,
shall take steps necessary to ensure the effective implementation of this subdivision.  
  
   It is the intent of the Legislature that in effectively implementing the provisions of this
subdivision, school district governing boards shall direct superintendents of schools to
prepare for emergencies by developing a pool of qualified emergency substitute teachers. 
This preparation shall include public notice of the test requirements and of the dates and
locations of administrations of the tests.  District governing boards shall make special efforts
to encourage individuals who are known to be qualified in other respects as substitutes to
take the state basic skills proficiency test at its earliest administration.  
  
   (3) Demonstration of proficiency in reading, writing, and mathematics by any person
pursuant to Section 44252 shall satisfy the requirements of this subdivision.  
  
   (c) A certificated person shall not be required to take the state basic skills proficiency test
if he or she has been employed in a position requiring certification in any school district
within 39 months prior to employment with the district.  A person holding a valid California
credential who has not been employed in a position requiring certification in any school
district within 39 months prior to employment and who has not taken the state basic skills
proficiency test, but who has passed a basic skills proficiency examination which has been
developed and administered by the school district offering that person employment, may be
employed by the governing board of that school district on a temporary basis on the
condition that he or she will take the state basic skills proficiency test within one year of the
date of his or her employment.  
  
   (d) Nothing in this section shall require a person employed solely for purposes of teaching
adults in an apprenticeship program, approved by the Apprenticeship Standards Division of
the Department of Industrial Relations, to pass the state proficiency assessment instrument
as a condition of employment.   
  
   (e) Nothing in this section shall require the holder of a child care permit or a permit
authorizing service in a development center for the handicapped to take the state basic skills
proficiency test if the holder of the permit is not required to have a baccalaureate degree. 

  
   (f) Nothing in this section shall require the holder of a credential issued by the
commission who seeks an additional credential or authorization to teach, to take the state
basic skills proficiency test.  
  
   (g) Nothing in this section shall require the holder of a credential to provide service in
the health profession to take the state basic skills proficiency test if that person does not
teach in the public schools.   
  
   (h) If the basic skills proficiency test is not administered at the time of hiring, the holder
of a vocational designated subject credential who has not already taken and passed the basic
skills proficiency test may be hired on the condition that he or she will take the test at its
next local administration.   
  
   (i) If the holder of a vocational designated subject credential does not pass a proficiency
assessment in basic skills pursuant to this section, he or she shall be given one year in which
to retake and pass the proficiency assessment in basic skills.  If at the expiration of the
one-year period he or she has not passed the proficiency assessment in basic skills, he or she
shall be subject to dismissal under procedures established in Article 3 (commencing with
Section 44930) of Chapter 4.  
  
   (j) Nothing in this section shall be construed as requiring the holder of a vocational
designated subject credential to pass the state basic skills proficiency test as a condition of
employment. The governing board of each school district, or each governing board of a
consortium of school districts, or each governing board involved in a joint powers agreement,
which employs the holder of a vocational designated subject credential shall establish its own
basic skills proficiency for these credentials and shall arrange for those individuals to be
assessed.  The basic skills proficiency criteria established by the governing board shall be at
least equivalent to the test required by the district, or in the case of a consortium or a joint
powers agreement, by any of the participating districts, for graduation from high school. 
The governing board or boards may charge a fee to individuals being tested to cover the
costs of the test, including the costs of developing, administering, and grading the test.  
  
   (k) Nothing in this section shall be construed as requiring the holder of an adult education
designated subject credential for other than academic subjects, who is employed in an
instructional setting for 20 hours or less per week, to pass the state proficiency assessment
as a condition of employment.   
  
   (l) Nothing in this section shall be construed to require certificated personnel employed
under a foreign exchange program to take the state basic skills proficiency test.  The
maximum period of exemption under this subdivision shall be one year.  
  
   (m) A school district may hire a teacher credentialed in another state who has not taken
the state basic skills test if, at a public meeting, the school district governing board certifies
that no person who meets the credentialing requirements and who has satisfied the basic
skills requirement specified in Section 44261.5 is available to fill a position deemed necessary
to the normal operation of the school curriculum.  The board shall include in the
certification a statement of the need to fill the position and the reasons for the need, proof
of its attempts to recruit qualified teachers in California, and a statement attesting to the
failure of those attempts.  This certification shall be submitted to the commission with the
name of the teacher the board intends to employ pursuant to this section.  The commission
shall issue an emergency credential pursuant to paragraph 3 of subdivision (b) of Section
44252, upon receipt of this documentation.  
  
   (n) Notwithstanding any other provision of law, a school district may hire a certificated
teacher who has not taken the state basic skills proficiency test if that person has not yet
been afforded the opportunity to take the test.  The person shall then take the test at the
earliest opportunity and may remain employed by the district pending the receipt of his or
her test results.   
  
   SEC. 10.  Section 45293 of the Education Code is amended to read:   
  
   45293.  No questions relating to political or religious opinions or affiliations, race, color,
national origin or ancestry, sex, sexual orientation, or marital status shall be asked of any
applicant, or any candidate whose name has been certified for appointment, nor shall any
discrimination be exercised therefor.  
  
   SEC. 11.  Section 47605 of the Education Code is amended to read:   
  
   47605.  (a) A petition for the establishment of a charter school within any school district
may be circulated by any one or more persons seeking to establish the charter school.  After
the petition has been signed by not less than 10 percent of the teachers currently employed
by the school district, or by not less than 50 percent of the teachers currently employed at
one school of the district, it may be submitted to the governing board of the school district
for review.  
  
   (b) No later than 30 days after receiving a petition, in accordance with subdivision (a), the
governing board of the school district shall hold a public hearing on the provisions of the
charter, at which time the board shall consider the level of employee and parental support
for the petition.  Following review of the petition and the public hearing, the governing
board shall either grant or deny the charter within 60 days of receipt of the petition,
provided, however, that the date may be extended by an additional 30 days if both parties
agree to the extension.  A school district governing board may grant a charter for the
operation of a school under this part if it determines that the petition contains the number
of signatures required by subdivision (a), a statement of each of the conditions described in
subdivision (d), and descriptions of all of the following:  
  
   (1) A description of the educational program of the school, designed, among other things,
to identify those whom the school is attempting to educate, what it means to be an
"educated person" in the 21st century, and how learning best occurs.  The goals identified
in that program shall include the objective of enabling pupils to become self-motivated,
competent, and lifelong learners.   
  
   (2) The measurable pupil outcomes identified for use by the charter school. "Pupil
outcomes," for purposes of this part, means the extent to which all pupils of the school
demonstrate that they have attained the skills, knowledge, and attitudes specified as goals
in the school's educational program.   
  
   (3) The method by which pupil progress in meeting those pupil outcomes is to be
measured.  
  
   (4) The governance structure of the school, including, but not limited to, the process to
be followed by the school to ensure parental involvement.   
  
   (5) The qualifications to be met by individuals to be employed by the school.   
  
   (6) The procedures that the school will follow to ensure the health and safety of pupils
and staff.  These procedures shall include the requirement that each employee of the school
furnish the school with a criminal record summary as described in Section 44237.  
  
   (7) The means by which the school will achieve a racial and ethnic balance among its
pupils that is reflective of the general population residing within the territorial jurisdiction
of the school district to which the charter petition is submitted.  
  
   (8) Admission requirements, if applicable.  
  
   (9) The manner in which an annual audit of the financial and programmatic operations
of the school is to be conducted.  
  
   (10) The procedures by which pupils can be suspended or expelled.   
  
   (11) The manner by which staff members of the charter schools will be covered by the
State Teachers' Retirement System, the Public Employees' Retirement System, or federal
social security.  
  
   (12) The public school attendance alternatives for pupils residing within the school district
who choose not to attend charter schools.   
  
   (13) A description of the rights of any employee of the school district upon leaving the
employment of the school district to work in a charter school, and of any rights of return
to the school district after employment at a charter school.  
  
   (c) Charter schools shall meet the statewide performance standards and conduct the pupil
assessments required pursuant to Section 60602.5.   
  
   (d) In addition to any other requirement imposed under this part, a charter school shall
be nonsectarian in its programs, admission policies, employment practices, and all other
operations, shall not charge tuition, and shall not discriminate against any pupil on the basis
of ethnicity, national origin, gender, sexual orientation, or disability.  Admission to a charter
school shall not be determined according to the place of residence of the pupil, or of his or
her parent or guardian, within this state, except that any existing public school converting
partially or entirely to a charter school under this part shall adopt and maintain a policy
giving admission preference to pupils who reside within the former attendance area of that
public school.   
  
   (e) No governing board of a school district shall require any employee of the school
district to be employed in a charter school.  
  
   (f) No governing board of a school district shall require any pupil enrolled in the school
district to attend a charter school.  
  
   (g) The governing board may require that the petitioner or petitioners provide information
regarding the proposed operation and potential effects of the school, including, but not
limited to, the facilities to be utilized by the school, the manner in which administrative
services of the school are to be provided, and potential civil liability effects upon the school
and upon the school district.  
  
   (h) In reviewing petitions for the establishment of charter schools within the school
district, the governing board of the school district shall give preference to petitions that
demonstrate the capability to provide comprehensive learning experiences to pupils identified
by the petitioner or petitioners as academically low achieving pursuant to the standards
established by the State Department of Education under Section 54032.  
  
   (i) Upon the approval of the petition by the governing board of the school district, the
petitioner or petitioners shall provide written notice of that approval, including a copy of the
petition, to the State Board of Education.   
  
   (j) (1) If the governing board of the school district denies a charter, the county
superintendent of schools, at the request of the petitioner or petitioners, shall select and
convene a review panel to review the action of the governing board.  The review panel shall
consist of three governing board members from other school districts in the county and three
teachers from other school districts in the county unless only one school district is located
in the county, in which case the panel members shall be selected from school districts in
adjoining counties.  
  
   (2) If the review panel determines that the governing board failed to appropriately
consider the charter request, or acted in an arbitrary manner in denying the request, the
review panel shall request the governing board to reconsider the charter request.  In the case
of a tie vote of the panel, the county superintendent of schools shall vote to break the tie. 
 
  
   (3) If, upon reconsideration, the governing board denies a charter, the county board of
education, at the request of the petitioner or petitioners, shall hold a public hearing in the
manner described in subdivision (b) and, accordingly, may grant a charter. A charter school
for which a charter is granted by a county board of education pursuant to this paragraph
shall qualify fully as a charter school for all funding and other purposes of this part.   
  
   SEC. 12.  Section 48204 of the Education Code, as amended by Section 3 of Chapter 1262
of the Statutes of 1994, is amended to read:   
  
   48204.  Notwithstanding Section 48200, a pupil shall be deemed to have complied with the
residency requirements for school attendance in a school district, provided he or she is any
of the following:  
  
   (a) A pupil placed within the boundaries of that school district in a regularly established
licensed children's institution, or a licensed foster home, or a family home pursuant to a
commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of
Division 2 of the Welfare and Institutions Code.  An agency placing a pupil in a home or
institution described in this subdivision shall provide evidence to the school that the
placement or commitment is pursuant to law.  
  
   (b) A pupil for whom interdistrict attendance has been approved pursuant to Chapter 5
(commencing with Section 46600) of Part 26.  
  
   (c) A pupil whose residence is located within the boundaries of that school district and
whose parent or legal guardian is relieved of responsibility, control, and authority through
emancipation.  
  
   (d) A pupil who lives in the home of a caregiving adult that is located within the
boundaries of that school district.  Execution of an affidavit under penalty of perjury
pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult shall be a sufficient basis for a determination that the pupil lives in the
caregiver's home, unless the school district determines from actual facts that the pupil is not
living in the caregiver's home.  
  
   (e) A pupil residing in a state hospital located within the boundaries of that school
district.  
  
   (f) An elementary school pupil, one or both of whose parents, or whose legal guardian,
is employed within the boundaries of that school district.   
  
   (1) Nothing in this subdivision requires the school district within which the pupil's parents
or guardians are employed to admit the pupil to its schools. Districts may not, however,
refuse to admit pupils under this subdivision on the basis, except as expressly provided in this
subdivision, of race, ethnicity, sex, sexual orientation, parental income, scholastic
achievement, or any other arbitrary consideration.  
  
   (2) The school district in which the residency of either the pupil' s parents or guardians
is established, or the school district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this subdivision if the governing
board of the district determines that the transfer would negatively impact the district's
court-ordered or voluntary desegregation plan.  
  
   (3) The school district to which the pupil is to be transferred under this subdivision may
prohibit the transfer of the pupil if the district determines that the additional cost of
educating the pupil would exceed the amount of additional state aid received as a result of
the transfer.   
  
   (4) Any district governing board prohibiting a transfer pursuant to paragraph (1), (2), or
(3) shall identify, and communicate in writing to the pupil's parent or guardian, the specific
reasons for that determination and shall ensure that the determination, and the specific
reasons therefor, are accurately recorded in the minutes of the board meeting in which the
determination was made.  
  
   (5) The average daily attendance for pupils admitted pursuant to this subdivision shall be
calculated pursuant to Section 46607.   
  
   (6) Unless approved by the sending district, this subdivision does not authorize a net
transfer of pupils out of any given district, calculated as the difference between the number
of pupils exiting the district and the number of pupils entering the district, in any fiscal year
in excess of the following amounts:  
  
   (A) For any district with an average daily attendance for that fiscal year of less than 501,
5 percent of the average daily attendance of the district.   
  
   (B) For any district with an average daily attendance for that fiscal year of 501 or more,
but less than 2,501, 3 percent of the average daily attendance of the district or 25 pupils,
whichever is greater.  
  
   (C) For any district with an average daily attendance of 2,501 or more, 1 percent of the
average daily attendance of the district or 75 pupils, whichever is greater.  
  
   (7) Once a pupil is deemed to have complied with the residency requirements for school
attendance pursuant to this subdivision and is enrolled in a school in a school district whose
boundaries include the location where one parent or both parents of a pupil is employed,
or where the pupil's legal guardian is employed, the pupil shall not have to reapply in the
next school year to attend a school within that school district and the district governing
board shall allow the pupil to attend school through the 12th grade in that district if the
parent or guardian so chooses, subject to paragraphs (1) to (6), inclusive.   
  
   (g) This section shall remain in effect only until July 1, 1998, and as of that date is
repealed, unless a later enacted statute, which is enacted before July 1, 1998, deletes or
extends that date.  
  
   SEC. 13.  Section 51004 of the Education Code is amended to read:   
  
   51004.  The Legislature hereby recognizes that it is the policy of the people of the State
of California to provide an educational opportunity to the end that every pupil leaving
school shall have the opportunity to be prepared to enter the world of work; that every  
  
   pupil who graduates from any state-supported educational institution should have
sufficient marketable skills for legitimate remunerative employment; that every qualified and
eligible adult citizen shall be afforded an educational opportunity to become suitably
employed in some remunerative field of employment; and that these opportunities are a
right to be enjoyed without regard to race, creed, color, national origin, sex, sexual
orientation, or economic status.  
  
   The Legislature further recognizes that all pupils need to be provided with opportunities
to explore and make career choices and to seek appropriate instruction and training to
support those choices. The Legislature therefore finds that fairs as community resource and
youth leadership activities are integral to assisting and guiding pupils in making career
choices and therefore encourage the further expansion of cooperative activities between
schools, youth leadership activities, and community resources.  Among community resources
of particular significance in providing information on various career opportunities are
vocational and occupational exhibits, demonstrations and activities conducted at fairs.  
  
   SEC. 14.  Section 51500 of the Education Code is amended to read:   
  
   51500.  No teacher shall give instruction nor shall a school district sponsor any activity
that reflects adversely upon persons because of their race, sex, sexual orientation, color,
creed, disability, national origin, or ancestry.   
  
   SEC. 15.  Section 51501 of the Education Code is amended to read:   
  
   51501.  No textbook [D> , <D] or other instructional materials shall be adopted by the
state board or by any governing board for use in the public schools which contains any
matter reflecting adversely upon persons because of their race, sex, sexual orientation, color,
creed, disability, national origin, or ancestry.  
  
   SEC. 16.  Section 58019 of the Education Code is amended to read:   
  
   58019.  The demonstration board shall authorize the parents or legal guardian of
scholarship recipients to use the demonstration scholarships at any school in which the
scholarship recipient is enrolled which also:  
  
   (a) Meets all health and safety standards required by law.   
  
   (b) Does not discriminate in the admission of pupils and the hiring of teachers on the
basis of race, religion, color, national origin, economic status, political affiliation, sex, or
sexual orientation and has filed a certificate with the State Board of Education that the
school is in compliance with Title VI of the Civil Rights Act of 1964 (Public Law 88-352);
and provides that pupils from disadvantaged racial or bilingual minority groups be admitted
in proportion as these pupils make application; and takes an affirmative position to secure
a racially, ethnically, and socioeconomically integrated student body which shall, to the
greatest possible extent, reflect the racial, ethnic, and socioeconomic composition of the
demonstration area.  Any school that receives applications in excess of enrollment capacity
shall fill at least 50 percent of its enrollment capacity by a lottery among the applicants, to
further assure nondiscriminatory admissions procedures, except when the contract provides
that pupils currently enrolled and their younger siblings are not subject to the lottery.
Enforcement of this subdivision shall be vested in the demonstration board.  The
demonstration board shall immediately investigate all complaints of violations of this
subdivision and, after adequate notice and hearings, shall suspend redemption of any
scholarships by any school in violation of this subdivision.  The decision of the
demonstration board shall be final, except that nothing in this subdivision shall be construed
so as to deny judicial review.  If an otherwise eligible school is subsequently found to be
ineligible, the demonstration board shall immediately notify the parents of the pupils in
attendance of the ineligibility.  In this case the district shall provide for the continuing
education of the child at another school.   
  
   (c) In no case levies or requires any tuition, fee, or charge to the participating pupil above
the value of the education scholarship.   
  
   (d) Files with the demonstration board a statement of financial responsibility in
compliance with standards established by the demonstration board.  
  
   (e) Provides public access to all financial and administrative records and provides to the
parent or guardian of each eligible child in the demonstration area comprehensive
information, in written form, on the courses of study offered, curriculum, materials and
textbooks, the qualifications of the teachers, administrators, and paraprofessionals employed,
the minimum schoolday, the salary schedules, the actual amount of money spent per pupil
and other information as may be required by the demonstration board.  In no case shall the
public have access to personal information concerning individual pupils without the express
approval of the pupils' parents or guardians.   
  
   (f) Offers a comprehensive course of study in the basic skill areas of mathematics and the
English language.  
  
   (g) Maintains a register of reports, including monthly attendance, and any other
information as may be required by the demonstration board.   
  
   (h) Expends the scholarship funds exclusively for the secular education of pupils.  
  
   SEC. 17.  Section 58508 of the Education Code is amended to read:   
  
   58508.  There shall be no racial, sex, sexual orientation, or ethnic discrimination in any
aspect of the operation of alternative schools.   
  
   SEC. 18.  Section 60044 of the Education Code is amended to read:   
  
   60044.  No instructional materials shall be adopted by any governing board for use in the
schools which, in its determination, contains:   
  
   (a) Any matter reflecting adversely upon persons because of their race, color, creed,
national origin, ancestry, sex, sexual orientation, disability, or occupation.  
  
   (b) Any sectarian or denominational doctrine or propaganda contrary to law.   
  
   SEC. 19.  Section 69535 of the Education Code is amended to read:   
  
   69535.  (a) Cal Grant Program awards shall be based upon the financial need of the
applicant.  The level of financial need of each applicant shall be determined by the
commission pursuant to Article 1.5 (commencing with Section 69503).  
  
   (b) For the applicants so qualifying, academic criteria or criteria related to past
performances shall be utilized as the criteria in determining eligibility for grants.  
  
   (c) All Cal Grant Program award recipients shall be residents of California, as determined
by the commission pursuant to Part 41 (commencing with Section 68000), and shall remain
eligible only if they are in attendance and making satisfactory progress through the
instructional programs, as determined by the commission.  
  
   (d) Part-time students shall not be discriminated against in the selection of Cal Grant
Program award recipients, and awards to part-time students shall be roughly proportional
to the time spent in the instructional program, as determined by the commission. First-time
Cal Grant Program award recipients who are part-time students shall be eligible for a
full-time renewal award.   
  
   (e) Cal Grant Program awards shall be awarded without regard to race, religion, creed,
sex, sexual orientation, or age.  
  
   (f) No applicant shall receive more than one type of Cal Grant Program award
concurrently.  Except as provided in subdivisions (b) and (c) of Section 69535.1, no applicant
shall:  
  
   (1) Receive one or a combination of Cal Grant Program awards in excess of a total of
four years of full-time attendance in an undergraduate program.   
  
   (2) Have obtained a baccalaureate degree prior to receiving a Cal Grant Program award. 

  
   (g) Cal Grant Program awards, except as provided in subdivision (c) of Section 69535.1,
may only be used for educational expenses of a program of study leading directly to an
undergraduate degree or certificate, or for expenses of undergraduate coursework in a
program of study leading directly to a first professional degree, but for which no
baccalaureate degree is awarded.   
  
   (h) The commission may, for students who accelerate college attendance, increase the
amount of award for one academic year proportional to the period of additional attendance
resulting from attendance at a summer term, session, or quarter.  In the aggregate, the total
amount a student may receive in a four-year period may not be increased as a result of
accelerating his or her progress to a degree by attending summer terms, sessions, or
quarters.   
  
   (i) The commission may provide by appropriate rules and regulations for reports,
accounting, and statements from the award winner and college or university of attendance
pertaining to the use or application of the award as the commission may deem proper.  
  
   (j) The commission may establish Cal Grant Program awards in one hundred dollar ($
100) increments.  
  
   (k) A Cal Grant Program award may be utilized only at a California postsecondary
educational institution or program that participates in two of the three federal campus-based
student aid programs and whose students participate in the Pell Grant program.  
  
   SEC. 20.  Section 69674 of the Education Code is amended to read:   
  
   69674.  (a) The commission shall award fellowships to students with demonstrated
academic ability and financial need, as determined by the commission pursuant to Article
1.5 (commencing with Section 69503).   
  
   (b) The commission shall award fellowships without regard to race, religion, creed, sex,
or sexual orientation.  
  
   (c) The commission shall give priority consideration to students who are historically
disadvantaged, as defined by the commission, or students from groups which are
underrepresented in graduate-level programs and among college and university faculty.  
  
   (d) The commission shall award fellowships to students who demonstrate a commitment
to and assurances of becoming a college or university faculty member.   
  
   (e) The commission shall prescribe the forms for all applications and certificates required
in connection with the fellowship program.   
  
   (f) The commission shall adopt rules and regulations as may be necessary, or appropriate,
for effecting the provisions of this article.   
  
   SEC. 21.  Section 69762 of the Education Code is amended to read:   
  
   69762.  Loans made pursuant to this chapter shall be made without regard to race,
religion, creed sex, or sexual orientation.  
  
   SEC. 22.  Section 69958 of the Education Code is amended to read:   
  
   69958.  (a) Potential work-study positions may be located by the institution or by eligible
students in cooperation with the institution. Each position located shall be critically reviewed
by the appropriate student financial aid and experiential education personnel to determine
whether it satisfies all the conditions specified in Section 69960.  To assist the institution in
assessing the position, the employer shall submit a written statement to the institution which
provides all of the following information:  
  
   (1) The total number of positions available.  
  
   (2) A job description of each available position, including the suggested rate of pay.  
  
   (3) The skills required of the prospective work-study employee.   
  
   (4) The educational benefits provided by the position.   
  
   (b) Once the institution has approved the work-study position, the employer and the
institution, acting as the authorized agent of the Student Aid Commission, shall execute a
written agreement which confirms the employer's eligibility to participate in the program and
its willingness to comply with all program requirements, and specifies the responsibilities of
each of the parties. The agreement shall be subject to annual renewal by mutual agreement
of the institution and the employer.  
  
   (c) Following execution of the agreement pursuant to subdivision (b), the employer may
interview prospective work-study employees. The institution shall provide the employer and
each applicant for the work-study position with adequate information to facilitate a proper
placement.  Provided that the priorities specified in Section 69959 have been met, the
employer may indicate his or her hiring preferences.  No employer shall discriminate
between applicants on the basis of race, color, sex, sexual orientation, religion, or national
origin, or subject any applicant to any other discriminatory practices prohibited by state or
federal law.  
  
   SEC. 23.  Section 72011 of the Education Code is amended to read:   
  
   72011.  Every community college district shall provide access to its services, classes, and
programs without regard to race, religious creed, color, national origin, ancestry, disability,
sex, or sexual orientation.   
  
   SEC. 24.  Section 72014 of the Education Code is amended to read:   
  
   72014.  No funds under the control of a community college district shall ever be used for
membership or for any participation involving a financial payment or contribution, on behalf
of the district or any individual employed by or associated therewith, in any private
organization whose membership practices are discriminatory on the basis of race, creed,
color, sex, sexual orientation, religion, or national origin.  This section does not apply to any
public funds which have been paid to an individual officer or employee of the district as
salary, or to any funds which are used directly or indirectly for the benefit of student
organizations.  
  
   SEC. 25.  Section 87100 of the Education Code is amended to read:   
  
   87100.  The Legislature finds and declares that:  
  
   (a) Generally, California Community Colleges employ a disproportionately low number
of racial and ethnic minority classified employees and faculty and a disproportionately low
number of women and members of racial and ethnic minorities in administrative positions. 

  
   (b) It is educationally sound for the minority student attending a racially impacted school
to have available the positive image provided by minority classified and academic employees. 
It is likewise educationally sound for the student from the majority group to have positive
experiences with minority people which can be provided, in part, by having minority
classified and academic employees at schools where the enrollment is largely made up of
majority group students.  It is also educationally important for students to observe that
women as well as men can assume responsible and diverse roles in society.  
  
   (c) Past employment practices created artificial barriers and past efforts to promote
additional action in the recruitment, employment, and promotion of women and minorities
have not resulted in a substantial increase in employment opportunities for women and
minorities.  
  
   (d) Lessons concerning democratic principles and the richness which racial diversity brings
to our national heritage can be best taught by the presence of staffs of mixed races and
ethnic groups working toward a common goal.   
  
   It is the intent of the Legislature to establish and maintain a policy of equal opportunity
in employment for all persons and to prohibit discrimination based on race, sex, sexual
orientation, color, religion, age, disability, ancestry, or national origin in every aspect of
personnel policy and practice in employment, development, advancement, and treatment of
persons employed in the public school system, and to promote the total realization of equal
employment opportunity through a continuing affirmative action employment program.   
  
   The Legislature recognizes that it is not enough to proclaim that public employers do not
discriminate in employment but that effort must also be made to build a community in which
opportunity is equalized.  It is the intent of the Legislature to require educational agencies
to adopt and implement plans for increasing the numbers of women and minority persons
at all levels of responsibility.  
  
   SEC. 26.  Section 87400 of the Education Code is amended to read:   
  
   87400.  Governing boards of community college districts shall employ for academic
positions, only persons who possess the qualifications therefor prescribed by regulation of
the board of governors.  It shall be contrary to the public policy of this state for any person
or persons charged, by those governing boards, with the responsibility of recommending
persons for employment by those boards to refuse or to fail to do so for reasons of race,
color, religious creed, sex, sexual orientation, or national origin of those applicants for that
employment.  
  
   SEC. 27.  Section 88112 of the Education Code is amended to read:   
  
   88112.  No questions relating to political or religious opinions or affiliations, race, color,
national origin or ancestry, sex, sexual orientation, or marital status shall be asked of any
applicant, or any candidate whose name has been certified for appointment, nor shall any
discrimination be exercised therefor.  
  
   SEC. 28.  Section 89757 of the Education Code is amended to read:   
  
   89757.  None of the funds enumerated in Section 89756, nor any of the funds of an
auxiliary organization, shall ever be used by any university or college for membership or for
any participation involving a financial payment or contribution, on behalf of the institution,
or any individual employed by or associated therewith, in any private organization whose
membership practices are discriminatory on the basis of race, creed, color, sex, sexual
orientation, religion, or national origin.  This section does not apply to any public funds
which have been paid to an individual employee or officer as salary, or to any funds which
are used directly or indirectly for the benefit of student organizations.  
  
   SEC. 29.  Section 92150 of the Education Code is amended to read:   
  
   92150.  No state funds under the control of an officer or employee of the University of
California shall ever be used for membership or for any participation involving a financial
payment or contribution, on behalf of the university, or any individual employed by or
associated therewith, in any private organization whose membership practices are
discriminatory on the basis of race, creed, color, sex, sexual orientation, religion, or national
origin. This section does not apply to any public funds which have been paid to an individual
employee or officer of the university as salary, or to any funds which are used directly or
indirectly for the benefit of student organizations.   
  
   SEC. 30.  Notwithstanding Section 17610 of the Government Code, if the Commission on
State Mandates determines that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the Government Code.  If the
statewide cost of the claim for reimbursement does not exceed one million dollars ($
1,000,000), reimbursement shall be made from the State Mandates Claims Fund.  
  
   Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the
provisions of this act shall become operative on the same date that the act takes effect
pursuant to the California Constitution.   
  
SPONSOR:    
Kuehl