It is the policy of the State of California that all persons, regardless of their gender, should enjoy freedom from discrimination of any kind in the educational institution of the state. The laws found in the California Education Code 221.5-231.5 are collectively known as the Sex Equity in Education Act. These laws expand upon gender equity and Title IX laws which provide guidance to California’s education system. Each Local Educational Agency (LEA) will be responsible for following the laws in addition to Title IX requirements.
Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 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
Rights of Pupils and the Public and the Responsibilities of the District
CDE Office of Equal Opportunity Link: http://www.cde.ca.gov/re/di/or/oeo.asp
DOE OCR Link: https://www2.ed.gov/about/offices/list/ocr/index.html]
List of Rights under Ed. Code 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 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:
(a) You have the right to fair and equitable treatment, and you shall not be discriminated against based on your sex.
(b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
(c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
(d) You have the right to apply for athletic scholarships.
(e) You have the right to receive equitable treatment and benefits in the provision of all of the following:
(1) Equipment and supplies.
(2) Scheduling of games and practices.
(3) Transportation and daily allowances.
(4) Access to tutoring.
(6) Locker rooms.
(7) Practice and competitive facilities.
(8) Medical and training facilities and services.
(f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
(g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
(h) You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
(i) You have the right to pursue civil remedies if you have been discriminated against.
(j) You have the right to be protected against retaliation if you file a discrimination complaint.
TITLE IX COORDINATOR
In the event of a complaint regarding gender equity or sexual harassment, or discrimination, including harassment, intimidation, and bullying because of actual or perceived disability, sex, gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion, sexual orientation, age, marital or parental status, or association with a person or group with one or more of these actual or perceived characteristics, contact the following Title IX and Nondiscrimination Coordinator:
Phone: (415) 467-5443
HOW TO FILE A TITLE IX COMPLAINT
Student complaints shall be submitted in written form in accordance with Board Policy 1312.3 Uniform Complaint Procedures. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so.
Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex. The time for filing may be extended up to 90 days by the Superintendent or the Superintendent’s designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complaint.
All complaints shall be appropriately investigated in a timely manner. Within 10 business days after the compliance officer receives the complaint, the compliance officer, or designee, shall begin an investigation into the complaint. The investigation shall include an opportunity for the complainant, or the complainant’s representative, or both, to present the compliance officer, or designee, with any evidence, or information leading to evidence, to support the allegations in the complaint. BESD shall issue a written decision based on the evidence within 60 calendar days from receipt of the written complaint by BESD.
Any complainant who is dissatisfied with BESD’s final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving BESD’s decision.
Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights, within 180 calendar days of the date of the alleged discrimination unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.