BlackletterCalifornia law

CHAPTER 2. Educational Equity

Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6.

§§ 200–280 · 83 sections

  1. ARTICLE 1. Declaration of Purpose §§ 200–202 · 3 sections
    • § 200 It is the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender…
    • § 201 (a) All pupils have the right to participate fully in the educational process, free from discrimination and harassment. (b) California’s public schools have an…
    • § 202 The Legislature finds and declares all of the following: (a) California reaffirms that its laws and public policy support accurate and inclusive education in…
  2. ARTICLE 2. Definitions §§ 210–214 · 13 sections
    • § 210 The definitions in this article shall govern the use of the terms defined for purposes of this chapter.
    • § 210.1 “Disability” includes mental and physical disability as defined in Section 12926 of the Government Code.
    • § 210.2 “Disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is…
    • § 210.3 “Educational institution” means a public or private preschool, elementary, or secondary school or institution; the governing board of a school district; or any…
    • § 210.7 “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior…
    • § 211 “Governing board” means the governing board of a school district.
    • § 212 “Nationality” includes citizenship, country of origin, and national origin.
    • § 212.1 (a) “Race or ethnicity” includes ancestry, color, ethnic group identification, and ethnic background. (b) “Race” is inclusive of traits associated with race,…
    • § 212.3 “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
    • § 212.5 “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by…
    • § 212.6 “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.
    • § 213 (a) “State financial assistance” means any funds or other form of financial aid appropriated or authorized pursuant to state law, or pursuant to federal law…
    • § 214 “State student financial aid” means any funds or other form of financial aid appropriated or authorized pursuant to state law, or pursuant to federal law…
  3. ARTICLE 2.5. Pupil and Student Suicide Prevention Policies §§ 215–216.5 · 4 sections
    • § 215 (a) (1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017–18…
    • § 215.5 (a) (1) Commencing July 1, 2025, a public school, including a charter school, or a private school that serves pupils in any of grades 7 to 12, inclusive, and…
    • § 216 (a) The Behavioral Health Services Oversight and Accountability Commission shall, in consultation with the department and the State Department of Public…
    • § 216.5 (a) For purposes of this section, “local educational agency” means a county office of education, school district, state special school, or charter school that…
  4. ARTICLE 2.6. Supports and Resources for Parents, Guardians, and Families of Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupils § 217 · 1 section
    • § 217 (a) (1) The department shall develop resources, or, as appropriate, update existing resources, for supports and community resources for the support of parents,…
  5. ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources §§ 218–219 · 3 sections
    • § 218 (a) No later than July 1, 2021, the department shall develop resources or, as appropriate, update existing resources for in-service training on schoolsite and…
    • § 218.3 (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school, serving pupils in any of…
    • § 219 (a) On or before July 1, 2024, the Superintendent shall convene an advisory task force to identify the needs of lesbian, gay, bisexual, transgender, queer,…
  6. ARTICLE 3. Prohibition of Discrimination §§ 220–221.1 · 6 sections
    • § 220 No person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity,…
    • § 220.1 An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf, or a member of…
    • § 220.3 (a) An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf shall not…
    • § 220.5 (a) A school district, county office of education, charter school, state special school for the blind or the deaf, or a member of the governing board of a…
    • § 221 This article shall not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the…
    • § 221.1 The State Board of Education shall adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the…
  7. ARTICLE 3.5. The California Racial Mascots Act §§ 221.2–221.3 · 2 sections
    • § 221.2 The Legislature finds and declares all of the following: (a) The use of racially derogatory or discriminatory school or athletic team names, mascots, or…
    • § 221.3 (a) For purposes of this section, “derogatory Native American term” includes, but is not necessarily limited to, Apaches, Big Reds, Braves, Chiefs, Chieftains,…
  8. ARTICLE 4. Sex Equity in Education Act §§ 221.5–231.7 · 19 sections
    • § 221.5 (a) It is the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be…
    • § 221.51 (a) A local educational agency shall not apply any rule concerning a pupil’s actual or potential parental, family, or marital status that treats pupils…
    • § 221.6 On or before July 1, 2006, the department shall post on its Internet Web site, in both English and Spanish and at a reading level that may be comprehended by…
    • § 221.61 (a) 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,…
    • § 221.7 (a) The Legislature finds and declares that female pupils are not accorded opportunities for participation in school-sponsored athletic programs equal to those…
    • § 221.8 The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972…
    • § 221.9 (a) Commencing with the 2015–16 school year and every year thereafter, each public elementary and secondary school in the state, including each charter school,…
    • § 222 (a) A school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a…
    • § 222.5 (a) A local educational agency shall notify pregnant and parenting pupils of their rights and options available under the law through annual school year…
    • § 223 This chapter shall not apply to the membership practices of the Young Men’s Christian Association, Young Women’s Christian Association, girl scouts, boy…
    • § 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…
    • § 224.5 (a) There is hereby established the gender equity train-the-trainer grant program. The Superintendent of Public Instruction shall award grants from funds…
    • § 225 This article shall not preclude father-son or mother-daughter activities at an educational institution, provided that if such activities are offered for…
    • § 229 Nothing contained in this article shall be construed to require any educational institution to grant preferential or disparate treatment to the members of one…
    • § 230 For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices: (a) On the…
    • § 231 Nothing herein shall be construed to prohibit any educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for…
    • § 231.5 (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination…
    • § 231.6 (a) Each schoolsite in a school district, county office of education, or charter school, serving pupils in any of grades 9 through 12, inclusive, shall create…
    • § 231.7 The department shall make all of the following available on the department’s internet website: (a) Resources on abuse, including sexual, emotional, and…
  9. ARTICLE 4.5. Single Gender Schools and Classes §§ 232–232.6 · 4 sections
    • § 232 The Legislature finds and declares that there are existing single gender schools and classes in California that may assist the state in evaluating whether or…
    • § 232.2 (a) (1) Notwithstanding Section 220 as it relates to discrimination on the basis of gender, and subdivisions (a) and (b) of Section 221.5, a school district…
    • § 232.4 (a) A school district that maintains an existing single gender school or classes or a charter school that is an existing single gender school or that continues…
    • § 232.6 This article shall become inoperative on July 1, 2031, and as of January 1, 2032, is repealed.
  10. ARTICLE 4.7. Body Shaming § 232.7 · 1 section
    • § 232.7 (a) (1) (A) On or before June 30, 2025, the State Department of Education, in consultation with the California Health and Human Services Agency, the Behavioral…
  11. ARTICLE 5. Hate Violence Prevention Act §§ 233–233.8 · 3 sections
    • § 233 (a) At the request of the Superintendent of Public Instruction, the State Board of Education shall do all of the following as long as the board’s actions do…
    • § 233.5 (a) Each teacher shall endeavor to impress upon the minds of the pupils the principles of morality, truth, justice, patriotism, and a true comprehension of the…
    • § 233.8 (a) The State Department of Education shall provide regional training to assist school district personnel in the identification and determination of hate…
  12. ARTICLE 5.5. Safe Place to Learn Act §§ 234–234.5 · 7 sections
    • § 234 (a) This article shall be known, and may be cited, as the Safe Place to Learn Act. (b) It is the policy of the State of California to ensure that all local…
    • § 234.1 The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of…
    • § 234.2 (a) The department shall display current information, and periodically update information, on curricula and other resources that specifically address…
    • § 234.3 The department shall develop a model handout describing the rights and obligations set forth in Sections 200, 201, and 220 and the policies addressing…
    • § 234.4 (a) A local educational agency shall adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying. (b) For…
    • § 234.41 (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to…
    • § 234.5 (a) (1) The Superintendent shall post, and annually update, on the department’s internet website and notify local educational agencies of the availability of a…
  13. ARTICLE 5.6. Bullying and Harassment Prevention Information § 234.6 · 1 section
    • § 234.6 (a) For purposes of this article, “local educational agency” means a county office of education, school district, state special school, or charter school. (b)…
  14. ARTICLE 5.7. Pupil Protections Relating to Immigration and Citizenship Status § 234.7 · 1 section
    • § 234.7 (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees…
  15. ARTICLE 6. Alternative Schools, Charter Schools, and School Choice § 235 · 1 section
    • § 235 There shall be no discrimination on the basis of the characteristics listed in Section 220 in any aspect of the operation of alternative schools or charter…
  16. ARTICLE 7. Instructional Materials §§ 240–244 · 5 sections
    • § 240 Governing boards of school districts shall adopt instructional materials in accordance with the provisions of Section 60040.
    • § 241 Nothing in the California Student Safety and Violence Prevention Act of 2000 requires the inclusion of any curriculum, textbook, presentation, or other…
    • § 242 No later than July 1, 2025, the department shall develop guidance and public educational materials, including an internet website and other communications…
    • § 243 (a) The governing board of a school district, a county board of education, or the governing body of a charter school shall not refuse to approve the use or…
    • § 244 (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school shall not adopt or approve the use of…
  17. ARTICLE 8. Compliance §§ 250–253 · 4 sections
    • § 250 Prior to receipt of any state financial assistance or state student financial aid, an educational institution shall provide assurance to the agency…
    • § 251 (a) A school district shall submit timely, complete, and accurate compliance reports to the State Department of Education as that entity may require. (b) All…
    • § 252 (a) The Superintendent of Public Instruction shall, to the extent possible within existing resources, review and revise, where necessary, the policies and…
    • § 253 (a) Compliance with the sex discrimination provisions of this chapter and regulations adopted pursuant to this chapter shall be included in the annual…
  18. ARTICLE 9. Enforcement §§ 260–262.4 · 3 sections
    • § 260 The governing board of a school district shall have the primary responsibility for ensuring that school district programs and activities are free from…
    • § 262.3 (a) (1) A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a school district pursuant to this…
    • § 262.4 This chapter may be enforced through a civil action.
  19. ARTICLE 10. Section 504 of the Rehabilitation Act of 1973 § 270 · 1 section
    • § 270 (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of…
  20. ARTICLE 11. Notification § 280 · 1 section
    • § 280 (a) By October 1 of each year, the department shall issue a management bulletin to all local educational agencies describing the protections, requirements, and…