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Exhibit C Text of Senate Bill 777 (Cal. Sen. Bill No. 777) (2007-2008 Reg. Sess.)
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An act to amend Sec tions 200 . 220. 235. 2/i0. 140 58. 18701 . 187 10. 18720. 19323. 353 16. 35351 . 39830. 44253 .2. 44 253.3 . 44 866 .46 192.47605 . 51 004.51500 .51802.60800. 66030. 66210. 66 250 .6625 1.66270. 6629 2.66292. 1.66292.2. 69535.72011. 72 0 12. 720 14. 82305.6. 89757. 92 150. and 94600 of. to amend and renumber Sec tions 220.5 and 66270.5 of. to amend. renu m ber. and add Section 210 .1 01: to add Sections 210 .7. 2 12 . 1. 2 12..1 . 21 2.6. 219. 66260 .5. 662 60 .7. 66 261.5 . 66261.7. 66262. 7. and 0626 9 to.. to repea l Section 720 13 o f. and to repeal and add Sections 212 and 66 262 of. tbe Education Code. relating to ed ucati on.
I.f.GIS LAT1VE COUNS F. !S 1 G EST l )I
SR 777 . Kuebl. Discrim inat ion. \ II Existing law state s that it is the policy of the state to afford eq ua l rights and opportu nit ies to all persons in the pub lic or private -.: k mcruary and secondary sc hool s andpostsecondary ed ucational insti tut ions of the sta te regard less of thei r sex, ethnic grou p identification. race, national origin. religion, or mental or phys ical d isab ility and pro hib its a person from being subj ected to
discrimination on those bases and contains various provisions to
imp lemen t that po licy.
Exisring law prohibits a teacher from giving instruction. and a
schoo l district from spo nsoring a ny activity. that reflec ts ad ver sely upon persons because o f their race, sex, colo r, creed, handicap. national origin, or ancestry. Thi s bill would revise the list of prohibited bases of discrim inat ion and the kinds of proh ibited instruction and activities
and, instead, would refe r to disability, render, nationality, race or cthnici ty, religion. sexual orientation, or any other cha racteristic
co ntained in the definiti on of hale cri mes that is co ntai ned in the Penal CNJe. The bill would de fine disa bilit v, zc nder, na tional itv, race or cthnic ity, rel igion, and sexual o ricnt;tti~n for this purp ose. i2l Exis ting Jaws rela ting to educati on refe r 10 "h andicapped pup ils: ' "handicap ped adults:' " phy sicall y handicap ped pupils:' "physica lly handic apped adu lts," " the ha ndicapped." and " ha ndicapped persons."
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Th is bill wo uld change these terms to "p upils with disabil ities," " adults with disabil ities: ' "pu pils with physical disab ilities," " adults wi th phy sica l di sab ilit ies." and "person s with d isab ilit ies." (3) This bill would inco rpora te additional cha nges in Section 44 253.3 o f the Educat ion Code. proposed by SB 859 , tu be operative on ly if SB 859 and this bill are both chaptercd and become effect ive on or be fore Jan uary I, 2008 , and this bill is chaprered last. (4) This b ill would inco rporate add itional cha nges in Sectio n 6627 0 of the Ed ucation Co de. proposed by All 14, 10 be operative only if All 14 and th is bill are bo th chaptcrcd and become effective (In or before Janu ary I, ~008 , and this bill is c haptered last.
The peop le ojthe State of Calif ia do enact ," follows: orn
SE CTI O N I . Th is ac t sha n be known, and may be cited, as the
California Student Civil Rights Act .
SEC. 1.5. Section 200 of the Education Codc is amended to read: 200. It is the policy o f the State of Ca liforn ia to affo rd all pe rsons in public schoo ls. regardle ss of their di sab ility, g ende r,
nationality, race or ethnicity, religion, sexual orientation, or any
other characte ristic that is co ntained in the defi nition o f hate c rim es set forth in Section 4~2 .5 5 of the Penal Code, equa l righ ts and opportunities in Ihc ed ucat ional institutions of the slat e. The PU!T'0 SC of this chap ter is to prohi bit acts that arc contrary to that pol icy and to provid e rem edi es therefor. SE C. 2. Section 2 10.1 o f the Education Cod e is am ended and renumbered to read : 210.3. "Educational institutio n" means a publi c or privat e preschool, elem entary, or seco ndary school or institution; the govern ing board ora schoo l district; or any comb inat ion ofsc hool districts or counties recognized as the adm inistrati ve age ncy for
public elementary or secondary schools.
SEC. 3. Sec tion 210 . 1 is adde d to the Educa tion Code, to read: 210 . 1. "Disability" includes mental a nd physi cal disabil ity as defined in Section 12926 of the Government Cod e. SEC. 4. Section 210.7 is added to the Educat ion Code, to read: 2 10.7. "Gender' mean s sex, and includes a person's gender ide ntity and gender re la ted appearance and be havior whether or
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not stcreotypica lly as so ciated with the person 's assigne d sex at birth, SEC. 5. Section 2 J 2 oft he Educat ion Code is repealed. SEC . 6. Sec tion 2 12 is added 10 the Ed ucation Code. to read: 212 . " Nationality" i ncl ude citizenship. co untry of origin. and s na tio nal orig in. SEC. 7. Sec tion 2 12.1 is added 10 thc Educati on Code , 10 read: 2 12.1. "Race or cthniciry " includes ancestry. color, ethni c group ident ification. and ethn ic back ground. SEC. 8. Section 21 2.3 is added to the Education Code , to rend: 212.3. " Religion" includes all aspects o f religious be lief. observance. and practice and inc ludes agnosticism and atheism. SEC. 9. Section 2 J2.6 is added to the Education Code. to read: 2 J 2.6. " Sexu al orientation" means heterosexuality, homosexuality, or bisexuality. SEC. 10. Section 219 is ad ded to the Educ ation Code , to read : 219. Disab ility. gender, nationa lity. race or ethnieity, religion,
sexual orientation. or any other characteristic contained in the
definition of hate crimes set forth in Section 422.55 of the Penal Cod e includes a perception that the person has any of those characteri stics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. SEC. J J. Sec tion 220 of the Education Code is amen ded 10 read: 220. No person sha ll be subjected to discriminntion on the basis of disabili ty. ge nder. nationality. race or cthnicity, re ligion. sexual orientation. or any other characteristic that is contained in the definition o f hale crimes set forth in Sec tion 422.55 of the Penal Code in any program or activity conducted by an educational institution that receives, orbenefits from. state fi nancial assi stance or enroll s pupi ls who receive state student financial aid. SEC. 12. Section 220.5 of the Education Code is amended and renumbere d to read: ~ 2 J. This artic le shall not apply to an educat ional institu tio n that j, contro lled hy a relig ious organiza tion if the application would not be consistent with the religious tenets of that organization. SEC. 13. Section 23 5 o f the Educa tion Code is amended to read:
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~ 35 . 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 schools, SEC. 14, Section 260 of the Education Code is amended to read : 260, The governing board of a school district shall haw the primary responsibility for ensuring that scho l district programs o and activities arc free from discrimin ation based on age and the characteristics listed in Sec tion 220 and for monitoring compliance with any and all rules and regulations promulgated pursuant to Section 1I1 3R of the Government Code, SEC. 15, Section 1405X of the Education COOl' is amended to read: 1405x, (a , For all adults with disabilities educated by the county superintendent of schools, for all secondary schools maintained in j uvenile halls. juvenile homes, and juvenile camps by the county superintendent of schools. and for all pupils enrolled in grades 9 to 12, inclusive. in opportunity schools and classes and ill! co ntinua tion schoo ls and classes maintained hy the co unty superintendent of schools, the Superintendent shall allow the same amount as he or she would compute for the founda tion progmm of a high school district under Section 41712, (b) Notwithstanding subdivision (a), the total of allowances lo r education of adults with disabilities in classes established by the county superintendent of schools pursuant to Section 52570 or 7X440 shall not exceed filly thousand dollars ($50.000) in anyone fi scal year, The Superintendent shall establish a system of prioritics that he or she shall by rule or regulation adopt that shall give highest priority to those counties .in which no program or an insuffi cient program for the education of adults with disabilities is provided by the school districts within the county, in order to comply with the limitation prescribed by this section. SEC. 16, Section I X J of the Education Code is amended to 70 read: J X I. The Legislature linds and declares that it is in the 70 interest oft he people ofthe state to insure that all people have free and convenient access 10 all library resources and services that might enrich their lives, regardless of where they live or of the lax base oftheir local uovcmment. ·111is finding is h; scd on the recognition that:
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(a) The public library is a primary source of information, recreation, and ed ucation to persons of all ages, any location, or anv economic circumstance. ihl The expansion of knowledge and the increasing complexity of oor society create needs for materials and information that go beyond the ability of anyone library to provide. (c) The public libraries of California are supported primarily by local taxes.The ability of local governments to provide adequate service is dependent on the taxable wealth of each localjurisdiction and varies widely throughout thc ' tate. (d) Public libraries arc unable to bear the greater costs of meeting the exceptional needs of many residents, including people with d isabilit ies, non -English-speaking and limited-English-speaking persons, those who are confined to bome or in an institution. nnd those who are economically disadvantaged. (e) The effective sharing of resources and services among the libraries of California requires an ongoing commitment by the state to com pensate libraries for services beyond their clientele. (I) The sharing of services and resources is most efficient when 3 common database is available 10 provide information on where materia ls can be found. SEC. 17. Section 1871 0 of the Education Code is amended to
reno:
IS7 1O. As used in this chapter, unless the context otherwise indicates or unless specific exception is made: (a) "Academic library" means a lihrary established and maintained by a college or university to meet the needs of its students and faculty, and others by agreement. a (bl "Act" me ns the California Library Services Act. (c) "Cooperative library system" means a public library system that consists of two or more juri sdictions entering into a written agreement to implement a regional program in accor dance with this ch apter, and which. as of the effective date of this chapter. was designated a library system under the Public Library Services Art of IC)6:\ or was J. successor 10 such a library system. (d) " Direct loan" 1IlC
(e) "Equal access" means the right of the residents of
j urisd ictions that arc mem bers of a coo perat ive lib rary system to
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use on an equal basis with one another the services and loan privileges of any and all other members of the same system. If) "Independent public library' means a public library not a member of <) system. (g) " Interlibrary loan" means the lending of a book or other item from one library to another as the result of a user request for the
item.
(h) " Interlibrary reference" means the providing of information by one librnry or reference center to another library or reference center as the result of a user request for the information. (i) "Jurisdiction" means a county, city and county, city, or any district that is authorized by law to provide puhlic library services and that operates a public library, Ul "Libraries for institutionalized persons" means libraries maintained by institutions for the purpose of serving their resident populations. (k) "Net imbalance' means the disproportionate cost incurred under universal borrowing or equal access when a library directly lends n greater number of items to users from -outside its jurisdiction than its residents directly borrow from libraries of other jurisdictions. (/) "Public library" means a library, or two or more libraries, that is operated by a single public jurisdiction and thai serves its residents free of charge, (m) "Sehool lihrary"mcans an organized collection of printed and audiovisual materials that satisfies all of the following criteria: ( I) Is administered as a unit. (2) Is located in a designated place. (.1 ) Makes printed, audiovisual, and other materials as well as necessary equipment and services of a staff accessible to elementary and secondary school pupils and teachers. (n) "Special library" means one maintained by an association, gove rnment service, research institution. learned society, professional association, museum, business fi rm, industrial enterprise, chamber of commerce, or other organized group, the greater part of their colle ctions being in a specific fi eld or subject, e.g.. natural sciences, econom ics, engineering, law, and history. (0) "Special Services Programs" means a project establishing or improving scr-..ice to the undcrservcd of all ages. (p) "State board" means the California Library Services Board.
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(q) "System" means a cooperative library system. (rj "U ndersc rved" mea ns any popu latio n segment with exce ptional service needs not adequately mel by traditional library service patt erns: including, but not limited to, those persons who are geographica lly isolated. economically d isadvantaged. functionally illitera te, of non- English-speaking or limited -English-speak ing abil ity. shut-in, or institu tionalized. or who are perso ns with disabilities. (s) "Universal bo rrow ing" means the exten sio n by a public library of its direct loan privileges to the el igible bo rrowers of all other public libraries. SEC. IX. Sect ion 18720 of the Education Code is amended to read: 18720. (a ) There is hereby established in the state govern ment the Cal iforn ia Library Servi ces Board. to cons ist o f 13 membe rs. The Go vernor shall appoint nine members of the board. Three of the Governo r's appo intme nts shall be rep resentative of laypersons, nne of whom shall represent peo ple with disabilities. one o f whom shall represent limited- and non-English-speak ing persons. and one of whom shall rep resent economically disadvantaged persons. (b ) T he Governor shall also appo int six members of the board. each of whom shall represent one of the following categories: schoo l libraries. libraries for ins titutionalized persons. public library trustees or commissioners . public libraries. spec ia l libraries. and academic lib raries. (c) The Legis lature shall appoin t the rema ining four public
members from persons who are not representative of categories
mentioned in this sec tion. Two shall be appointed by the Senate Rules Committee and two shall be appo inted by the Speaker of the Assembly. (d) The term s of o ffice of mem bers o f the board shall be Ior four years and shall begin on Janu ary J of the year in which the respective terms are to start. SEC. 19. Sec tion 19323 of the Educa tion Code is a nc nded to
I Q3 2J. " 1111: State Librarian shall make available on 3 loan basis to legally blind person s. or to perso ns with a disability that prevents them from reading conventional printed materials, in the state tape recordings of'books and other feinted materials. TIl e tape recordings shall he selecte by the State Library on the same basis as the State d
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Libra ry's genera l program lo r pro viding library m aterials to lega lly blind reader s. SEC. 20 . Section 353 16 of the Educa tion Co de is amende d to read : 3531 6. An app licant for a loan from the fun d shall make a ppli cation thereI,,, in accordance with reaso nab le ru les an d regu lation s estab lished by the governing board of the sch ool d istrict. provided that the rule s and regu lations sha ll not inc lude
any conditions limiting eligibility on account of the characteri stics
listed in Sec tion 220. S EC.2 1. Sect ion 3535 1 of the Educa tion Co de is amended to read: ., 535 1. No publ ic sc hool pupil shall be ass ign ed to or be requ ired to attend a partic ular school because of the ch aracteristics listed in Section 220. SEC. 22. Sedion 39~30 of the Educa tion Code is amended to read : 398 30 . A schoo lbus is any motor vehicle design ed, used, or
maintained for the ransportation of a school pupil at orbelow theg rade 12 leve l to or from a publi c or priva te sch oo l or to or fro m public or private sch ool act ivities, except the fo llowing : (a) A motor ve hicle o f any type carryi ng onl y membe rs of the household of its own er. (b) A motortru ck tran sporti ng pupils who arc scat cd on ly in the
passenger compartment.and [I passengervehicle designed for and when actually carrying not more than 10 persons. including the driver, exceptany vehicle or truck transpo rting two or more pupils who usc' wheel cha irs . (e ) A motor vehicle operated by a common carrier, or by and
und e r exclusive jurisd iction o f a publicly ow ned or ope rated transit system. on ly duri ng the time it is on a scheduled run and is availab le to the gen era l public or on a run scheduled in response to a reque st from a pupil who uses a whe elchai r, ur from a parent of the pupi l, for tra nsportat ion to or from no nsch ool activities. However, the motor vehicle is designed for and actuallv carries not more than 16 persons and the drive r. is ava ilab le to' eligible persons of the gen eral public, ami the school docs not prov ide the request... d uu nsportution serv ice. (d ) A sc hoo l p up il activity bus as defined in Secti on 39S30. 1.
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(c) A motor vehicle operated by a carrier licensed by the Interstate Commerce Commission that is transporting pupils on a
school activi 'j entering or returning to the state from another state or country. (I) A state-owned motor vehicle being operat ed by a state employee upon the driveways, paths, parking facilities, or grounds specified in Section 21113 of the Vehicle Code that arc under the control of a state hospital under the jurisdiction of the State Department of Developmental Services where the posted speed limit is not more than 20 miles per hour. The motor vehicle may also be operated for a distance of not more than one-quartet mile upon a public street or highway that runs through the grounds of a stale hospital under the jurisdiction of the State Department of Developmental Services, if the posted speed limit on the public street or highway is not more than 25 miles per hour and if all traffic is regulated by posted stop signs or official traffic control signals at the points of entry and exit by the motor vehicle. SEC- 23. Section 44253.2 of the Education Code is amended
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read :
44253.2. For purposes ofthis chapter, the following terms shall have the following meanings, unless the'context otherwise requires: (a) "Instruction for English language development" means instruction designed specifically for limited-English-proficient pupils to develop their listening, speaking, reading, and writing skills in English. (b) "Specially designed content instruction delivered in English" means instruction in a subject area, delivered in English, that is spe ially designed to me t the needs of limited-English-proficient c pupils. (c) "Content instruction delivered in the primary language" means instruction in a subject area delivered in the primary language of the pupil. (d) "Instruction for primary language development" means instruction designed to develop a pupil's listening, speaking,
readi ng, and writing skills in the primary language of the pupil. (c) "Culture ami cultura l diversity" means an understanding of
human relations, including the following: (1) The nature and content or culture. (2) Cross cultural contact and interactions. (3) Cultural diversity in the United States and California.
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(4 ) Approaches to provi ding instruction responsive to the dive rsity of the pupil population . (5) Recognizing and respo nding to behavior related to bias based
on the characteristics listed in Section 220. (6 ) Tech niques for the peac eful reso lution o f con flict. SEC . 24. Section 442 53.3 o f the Education Code is amended
to read:
4425 3.3. (a) The co mmiss ion shall issue a certificate that authorizes the bolder to provide all of thc fo llowing serv ices to limite d- English-pro ficient pupils: ( I ) Instruct ion for English language development in preschool. kindergarten, grades I to 12, inclusive. and classes organized primarily for adults. exc ept wh en the requirement spe ifi ed in c paragraph (I) of subdi vision (II) is sat isfied by the possession of a chil dren's center inst ructional pcnn it pursuant to Sections S363 and 44 252.7, a children's center supervis ion penn it pursu ant to Section S363. or a des ignated s ubjects teaching credential in adult education pursuant to Section 44260.2. If the requirement specified in paragraph (I) o f subd ivision (b) is satisfied by the possession of a children's ce ter instructional permit. or a children's center n superv ision perm it, instruction for Eng lish language de-velopm ent is limited to the programs authorized by that permit. If the requirement specified in paragraph ( I) of subdivision (b) is satisfied by the possession of a designat ed suhjeets teaching credential in adult education. instru ction for Eng lish langua ge de velopment is limited to classes organized primarily for adults. (2) Spe cially designed con tent instruction delivered in English in the subjects and at the levels authorized by the teacher' s prerequisite credential or perm it used to sat isfy the requ irement speci fied in paragrap h (I ) of subdivision (h ). (b) Th e minim um requiremen ts for the certificate shall includ e all of the following: ( I) Possession ofa valid Cal ifornia teaching creden tial. serv ices creden tial. child ren's center instructional permi t, o r children's center supervision permit which cred en tial or permi t authorizes the ho lder to provide instruction 10 pupils in pres chool , kindergarten. any o f grades I to 12, inclusive. or classes primarily
organized foradults. except for any of the following:
(A) Emergenc y crede ntials or permi ts.
(1J ) Exchange credentials as spe cified in Section 443 33.
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(C) District intern credentials as specified in Section 44325. (D) Sojourn certificated employee credentials as specifi ed in Section 44856. (E) Teacher education internship credentials as specifi ed in Art icle 3 (commencing with Section 44450) of Chapter 3.
(2 ) Passage o f one o r more examinations that the commis sion
determines are necessary for demons trating the knowledge and skills required f(JT effective delivery of the services authorized by the certifi cate, (3) Completion of at least six semester units, or nine quarter units, of courscwork in a second language at a reg onally accredited i institution of postsecondary education. The commission shall establish minimum standards for scholarship in the required coursework. The commission shall also establish alternative ways in which the requirement can be satisfied by language-learning experience that creates an awareness of the challenges of second language acquisition and development, (c) Completion of coursework in human relations in accordance with the commission's standards of program quality and etlecnveness that includes, at a minimum. instruction in the following: (I ) The na Ire and content of culture. 12) Crosscultural contact and interactions. (3 ) Cultural diversity in the United States and California. (4) Providing instruction responsive to the diversity ofthe pupiI
population,
(5) Recognizing and responding to behavior related to bias based
on the characteristics listed in Se tion 220. c
(6) Techniques for the peaceful resolution of contlict. (d) The commission shall establish alternative requirements for a teacher to earn the certificate, which shall be awarded as a supplementary authorization pursuant to subdivision (e) of Section 44225. (e) A teacher who posse sses a crede ntial or permit described in paragraph ( I) of subd ivis ion (b ) and is able to pre sent a valid
orEnglish language learners may qualify fort he certificate issued
under this section by submiuing an application and fee commission.
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our-of-state credential or certificate that autho rizes the instruction
the
'"
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(f) The certificate shall remain valid as long as the prereq u isite credential or permi t specifi ed in paragraph ( I) (If subdivi sion (b )
remains valid.
SEC. 24.5 . Section 44 2533 of the Education Code is ame nded read : 44253 .3. (a ) The commission shall issue a certificate that auth o rizes the holder to pro vide all (If the following services to limited-En glish-proficient pupils: (I ) Instruction lor English language development in preschool, kinder garten , grades I to 12, inclus ive, and class es organized primarily for adu lts, except when the requirement spec ified in paragra ph ( I) o f subdi vision (b) is satisfied by the poss ession o f a children's center instructiona l perm it pursuant 10 Se ct ions 8363 am i 44252.7, a children's center supervis ion permit pu rsuant to Section 8363, or a designated subje cts teaching credential in adult education pursuant to Sect ion 44260 .2. Ifthe requireme nt specified in paragraph ( I) o f subd ivision (b) is satisfied by the possession of a children's center instructional perm it, or a children's center supervision permit, instruction for English langu;l gl' development is limited to the programs auth orized by that perm it. If the c requirement spe ifi ed in paragraph ( I) ofsubdivision (b) is satisfied by the posse ssion of a designa ted subjects teach ing credent ial in adult edu cation, instruction for English language development is limited to classes organi zed pri mari ly for adul ts. (2 ) Specially designed content instruct ion delivered in Englis h in the subjects and at the levels author ized by t he teacher's prerequisite credential or penn it used 10 satisfy the requirement spec ified in paragraph ( I) o f subd ivision (h). (b ) The minimum req uirem ents for the ce rt ificate shall incl ude all of the followi ng: ( I) Possessio n o f a valid Ca liIorn ia teaching creden tial. services credential, visiting fac ulty permi t, ch ildre n's center instructio nal
to
Of
permit. or children's center supervision permit which credential permit au thor izes the holder to provide instru ction to pupils in
preschool, kindergarte . any of gr ades I to 12. inclusive, or class es n primarily organ ized for adults, excep t for any o f the followi ng: (A) Emergency credentials o r perm its. (B) Exchang e credentials as speci fied in Section 44333. (C) District intern credentials as specified in Sect ion 44.>25 .
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(D) Sojourn certificated employee credentials as spe cified in Sec tion 44856. (E) Teach er edu cation internship credentials as specified in Article 3 (commenci ng with Section 444 50) of Chapt er 3.
(2) Passage of one or more examinations that the commission
determ ines arc necessary for demonstrating the knowledge and skills requ ired for effect ive del ivery of the serv ices authorized by the certificate. (3) Co mpletion of at least s ix semester uni ts, or nine quarter units. of co ursework in a second language at a region ally accredited institution o f postsecondary education. TI,e commi ssion shall es tablish minimum sta ndards for schol arship in the required co ursework. The commiss ion sha ll also establish al ternative ways in which the require men t can be satis fied by language-learning expericnce that crea tes an aware ness of the challe nges o f second- language acquisition and de velopment. (c) Complction o f course wo rk in human relat ions in accordance with the comm ission 's standards o f prog am quality and r e ffectiveness that includes. at a minimum, instruction in the
following:
( I ) The nature and con tent of culture . (2) Crosscultuml con tact and in teract ions. (3) Cultural diversity in the United States and Ca lifornia . (4 ) Providing instruction responsive to the divers ity o f the pupil popu latio n. (5) Recognizing and responding to be havior related to bias based on the characteristic, listed in Section 220. (6 ) Techniques for the peaceful resolut ion of conflict. (d ) The commission shall establish alternative rcq uircmen s for a teacher [ 0 cam the cert ificate, which shall be awarded as a supp lementary authorization pursuant to subdivis ion (e) o f Section 44 225 . (c) A teacher who possesses " credential or permit descr ibed in paragraph ( I) of subdi vision (b) and is able to presen t a val id out-o f-state credenti al or certi ficate that authorizes the instruction of English language lea rners may qualify for the certificate issued under this section by submitting an app lication and fcc to the co mmission .
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(I) The certificate shall remain valid as long as the pre requisite credential or permit specified in paragraph ( I ) of subdivision (b)
remains valid.
SEC 25. Section 44866 of the Education Code is ame nded to read : 44 866 . The qualifications of a home instructor o f pupi ls with physi cal disabilities shall be a valid teaching credential or a cre dential authorizing the teachi ng o f exceptiona l children in an area of specia lized preparation issu ed by the slate board, or the Com mission on Teacher Crcdentia ling. SEC 26. Section 46 192 o f the Education Code is amended to read: 46 192. Each clock hour o f teaching time devo ted to the individual instruction of adults with physical disabilities who arc patients in a tuberculosis ward or hospital maintained by one or
more counties shall count CIS one day of attendance but no such
adu lt shall be credited with more than one
district for reviewafter either of the followiru; conditionsarc met:
(A ) The petition has been signed by a number of par ent' or legal guardians of pupils that is equivalent 1 at least one-ha lf of the 0 number of pupils tha t the charter school estimates will enroll in the school fo r it, first year of ope ration . (B) The petition has been signed by a Humber o f teac he rs that is equ ivalent to "I least one-half of the number of tea chers tha t the charter schoo l estima tes will be em ployed at the schoo l during its first year of operatio n. (2 ) A pet ition that proposes to con vert an existin g p ublic school to :I charter school thai would no t be eligible for a loa n pur suant
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to subdiv ision (b) of Sectio n 41 365 may be circu lated by any one or more persons seeking to estab lish the charter school. The petition ma y be submitted to the governing board of the school district for review after the petition has been signed by not less than 50 percent of the perm anent status teachers currently employed at the public
school to he converted. (3) /\ pet ition shall include a prominent statement that a
signature on the petition means that the parent or legal guardian is meanin gfu Ily interested in having his or her child or wa rd attend the ch arter school, or in the case of a teach er's signature, means that the teac her is mean ingfully interested in teaching at the charter school. Th e proposed charter sha ll be attached to the petition . (4) Aller receivin g approval of its petition, a charter school that proposes to estab lish operations at nne or mo re additional sites shall request a material revision to its chart er and shall notify the auth ority that granted its charter of those additio nal loca tions, The d auth ority th at grante its chart er shall co nside r whether to approve those additional locations at an open, pub lic meeting. If the additional locations are approved. they shall he a mate rial revision to the charter school's charter. (5) Notw ithstand ing subdivision (a ), a chart er schoo l that is unable to loc ate within the jurisdiction of the chart ering school district may establish one site outside the bounda ries of the school distric t, but wit hin the coun tv wit hin which that school district is loca ted, if the school district 'within whose j uri sdic tion the charter scho ol prop oses to operate is notified in advan ce of the charter petition approv al, the county superintendent of schools and the Superintendent arc notified of the loc ation of the chart er school before it co mmences opera tions, an d either of the following
circumstances exist:
(A ) Th e sc hool has attempted to locate a single site or fac ility
10
house the ent ire progra m. but a site or facility is unavailable in the area in which the school chooses to locale. (B) The si te is neede d lor te mporary use d uring a construction
o r expa nsion proj e ct.
((I) Commcnc ing January 1. 2003. a petition to establish a charte r v school may not be ap proved to serve pupils in a gra de le el that is not served hy the school district of the governing board
considering the: petition. unle the petition proposes to serve pupils ss in all of the gra de levels served by that school distr ict.
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(b) No later than 30 days after re eiving a pet ition, in accordance c w ith subd ivis ion (a ), the gov erning board of the sc hoo l d istrict shall hold a public bearing on the provisions o f the char ter, at whi ch time the governing board of the school district shall consider the leve l of support for the pe tition by teach ers em ployed by the dist ric t, o ther emp loyees o f the district, and par ents , Followi ng review o f th e petition and the pub lic hear ing. the governing board o f the sc hool distric t sha ll ei ther gra nt or deny the charter within 60 da ys o f recei pt of the pet ition, pro vided. however. tha t the date m ay be extended by an add ition al 30 days ifboth parties agree to the extens ion. In rev iewing petition s for th e es tablish ment of charter schoo ls pursuant to this sec tion, the chartering authority sha ll be gu ided by the intent of the Legislature that ch arter sc hools gral pa n of the Ca lifornia ed ucationa l arc and sho uld become an inte syste m and tha t establishm ent of charter sc hools shoul d be encouraged . The go verning board of the sc hool district shall gra nt a charter for the oper ation ofa school under th is pa rt ifit is satisfied that grantinu the charter is consistent with so und educational prac tice . Th e governing hoard o f the school district shall not deny a pe tition for the es tab lishment of a charter schoo l un less it makes writte n factual findin gs, spec ific to the part icular peti tion. setti ng forth spec ific facts to support one or more o f the foll owing fi ndings: ( I) The ch art er sc hool presents an unsound educationa l progra m for the pupi Is to be e nroll ed in th e ch arter schoo l, (2) Th e pet itione rs arc dem on strably un likel y to succ essfu lly implement the prog ra m se t forth in the petition . (3) TIle pe tit ion docs not co ntain the num ber of signa tures required by subdiv ision (a ). (4 ) The petition docs not contain an affi rmation of eac h of the con ditions de scribed in subd ivisio n (d ), (5) TI,e peti tion docs not con ta in reason ab ly comprehen sive des criptions of all of the fo llowing: (A) (i) A desc ript ion of the ed ucationa l progra m o f the schoo l. designed. among other things, 10 identify those whom the school is attempting 10 educate, what it means 10 be an "educa ted person" in the 21st century, and how lea rn ing best occurs. The goals ide ntified in that pro grJm sha ll inc lude the objective of e nabl ing pupil s to become self-motivated, competent, and lifelong lea m ers.
'1 4
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(ii ) If the proposed school will serve high scho o l pup ils. a description o f the manner in which thc charter school will inform parents abo ut the transferability of courses to othe r public high schools and the el igibility of courses to meet coll ege entrance requirem nts. Courses offere d by the charter school that arc accred ited bv the Western Association o f Sc hoo ls and Coll eges may be con'sidered transfera ble and courses approved by the University (If Californi a or the California Stat e University as creditable under the "A" to "G" admi ssions criteria may be considered to meet college entrance requiremen ts. (8) Thc measurab le pupi l outcomes identified for usc by thc charter schoo l. "Pupil outcomes,' lo r purposes of this part. means the extent to wh ich all pupil s o f the school demonstrate that they haw atta ined the skills, knowledge. and attitu des specified as goa ls in the school's educa tio na l program. (C) The method by which pupil progress in meeting those pupil
outcomes is to be measured.
(D) The governance structure o f the school, inclu ding. but not limited to. the process to be followed by the school to ensure
parental involvement.
(E) The q ualifications to be met by individ uals to be employed by the schoo l. (F) The procedures that the schoo l will fo llow to ensure the health and safety of pupils and staff. These procedures sha ll include the requirement that each employee ofthe school furnish the schoo l with a crim inal record summary as described in Sec tion 44237. (G) The me ans by which the scho o l will achieve a racial and ethnic balanc e amon g its pupi ls that is reflective of the general population residing within the territorial jurisdiction of th school d istrict to w hich the charter petition is submitted. (II) Adm ission requ irements. ifapplicable . (I) The manner in whi ch annua l. independent, financial audits sha ll be co nduc ted . whic h shall employ genera lly accepted accounting principles, and the manner in which audit exceptions and de ficie ncies shall be resolved to the sat isfact ion o f the chartering au thority. (J) The proced ures by which pupils can be suspe nded or expelled.
94
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(K) 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. IL) The public school attendance alternatives for pupils re iding s within the school district who choose nut to attend charter schools. (M) 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. (N) The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter. (OJ A declaration whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school forthe purposes of the Educational Employm ent Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title I of the Government Code). II') ,\ description of the procedure to be used if the charter 'S :-;choo! clo ses. The procedures shall ensure a fi nal audit of the school to determine the disposition of all assets and liabilities of the charter school. including plans for disposing of any net assets and for the maintenance and transfer of pupil records. (c) ( I ) Charter schools shall meet all statewide standards and conduct the pupil assessment, required pursuant to Sections 60605 and 6085 1and any other statewide standards authorized in statute or pupil assessments applicable 10 pupils in noncharter public schools. ( } J Charter schools shall, on a regular basis, consult with their parents, legal guardians. and teachers regarding the school's
ed ucational prog ams. r
(d) I I) 1 addition to any othcr requirement imposed under this 0 pan. 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 the characteristics listed in Section 220. Except as provided in paragraph (}), 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 legal 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
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gi\ ing admissi on preference to pupils who reside within the former atte ndance area of that pub lic schoo l. (2) (A) A charter school sha ll admit all pup ils who w ish to te atte nd U school. (A) However, if the number o f pupi ls who wish to attend the cha rter sc hoo l exceeds the schoo l' s capacity. attendan ce, except for existing pupils o f the charter sch ool, sha ll be determined by a public random drawi ng. Pre ference shall be extended to pupi ls cur rent ly attend ing the charter schoo l and pupi ls who resid e in the d istrict exc ept as prov ided for in Section 47 614.5. Other preferences may be permitted by the chartering authority on an individual school bas is and only if co nsistent with the law. lC ) In the event of a dr aw ing. the chartering au thority shall make reaso nable efforts to accommodate the growt h ofthe charter school and. in no event. shall take any action to imp ede the charter school from expan ding enro llment to meet pupil de mand. (3) If a p upil is expelled or leaves the charter school without graduating or completing the school year for any reaso n, the charter schoo l shall notify the supe rintendent of the schoo l district of the pupil's last known ad dress withi n 30 days. and shall. upo n req uest, provi de that schoo l di strict with a copy of the cumulative reco rd of the pupil, including a transcript o f grades or report card. and healt h inform ation . Th is para graph applies only to pupils subj ect 10 comp ulsory full-time educ ation pursuant to Section 48200. (e ) The gov erning board o f a sc hool district shall not require any employee of the schoo l d istrict to be employed in a charter school. 0) The gov erni ng board of a schoo l district sha ll not requi re any pupil enro lled in the school district to atte nd a ch arte r sch ool , (g) The governin g board of a schoo l district sha ll req uire that the peti tioner or petitione rs pro vid e information regard ing the proposed operation and potential effects of the schoo l. inc luding. hU I not limited 10. the facilities to be utilized by the school, the
manner in which administrative services of the school arc to be
provided, and potential civil liability effects, ifany. upon the schoo l and upon the school district. " e description of the facilities to he m used by the charter sc hoo l sha ll spec ify where the schoo l intends to locate. T he petitioner or petitioners shall also he required to
provide financial statements that in.. . lude a proposed first-year
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ope rational budget. including startup costs. and cashfl ow and financial projections for the first three years of operation. (h) In reviewing petitions for the establishment of charter schools within the schoo l district. the governing board of the school distri ct shall give preference to petitions that demonstrate the capability to provide comprehensive learning expe riences to pupils identified by the petitioner or petitioners as acad emically low achieving pursuant to the standards estab lished by the department under Section 54032 . (i) Upon the approval of the petition by the govern ing board of the school district. the petit ioner or petitioners shall provide written notice of that approval. including a copy of the petition. to the app licable county superintendent of schoo ls, the departm ent, and the state board. (j) (I) If the governing board of a schoo l district denies a petit ion. the petitione r may elect to submit the petition for the establishment ofa charter schoo l to thc coun ty boa rd ofeducation. Th e county board of education shall review the petit ion pursuant to subdivisi on (b ), If the petit ioner elects to sub m it a petition for establ ishment of a charter schoo l to the county board of educ at ion and the county board nf education denies the petition. the petitioner ma y file a petition for estab lishment of a charter school with the state hoard. and the state hoard may approve the petition, in acc ordance with subdivision (h). Any charter sehonl that receives approval of its petition from a count y board of education or from the state board on appe al shall be subject to the same requiremen ts concerning geographic loca tion that it would otherwise he subject to if it receives appro val from the entity to whom it originall y submi ts its petition. A charte r petition that is submitted to either a county board of educa tion or to the state board shall meet all otherwise applicab le petition requirements. including the identification ofthe propo sed site or sites where the charter school will operate. (2) In assuming its role as a chartering agency, th e state hoard shall develop criteria to he used for the review and approval of charter school petitions presented to the state board. The criteria shall addre ss all elements required fnr charter approval. as identified in subdivision (b) and shall define "reasonably comprehensive' as used in paragraph (5) of subdivision (h) in a way that is consistent with the intent of this part. Upon satisfactory
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co mple tion of the cri teria. the state board shall adopt the criteria on or before June 30, 2001. (3) A charter school for which a chart er is granted by either the cou nty hoard of educat ion or the state board based on an appeal pursu ant 10 this subd ivision shall qua lify fully as a charter schoo l for all funding and other purposes of this part. (4 ) jf either the co unty hoard of educatio n or the Slate hoard fails to ac t o n a petition within 120 days of receipt, the decision o f the governing hoard o f the school district. to deny a petition shall. thereafter, be subject to ju dicial review. (5) The state board shall adopt regulat ions imp lementing this
subdivision.
(6) Upo n the approval of the petition by the co unty board of edu cation. the petitioner or petitioners shall provide written notice ofthat approval. including a copy of the petition to the department and the sta te hoar d. (k ) ( I) TIle state hoard may, hy mutual agreement, designate its supervisor ial and ove rsight responsibilities for a charter school approved by the state hoard to any local educat ion agency in the \,:"OUI11)" H1 which the charter school is located or to U1C governing boa rd of the school district that first denied the petition . (2) The designated local ed ucation agency shall have all monitoring and supervising authority of a chartering agency. incl uding, bnt nut limited to, powers and duties set forth in Section 4760 7, exce pt the power of revoca tion, which sha ll remain with the state board. (3) A charter schoo l that has been granted its charter through an app eal to the stale board and elects to seck renewa l of its charter shall, prio r to expiration of the charter, subm it its petition for renewal to the governing board of the school district that initially denied the charter, If the govern ing board of the school district denies the sc hoo l's petition for renewal, the school may petition the state hoard for renewal of its chancr. ({) Teachers in charter schoo ls shall hold a Co mmission on Teacher Crcdcntinling certificate, permit. or other document eq uivalent to that which a teacher in oth er public schoo ls would he required to hold . These documents shall he ma intained on fi le at the charter schoo l and are subject to peri odic inspection hy the chartering authority. It is the intent of the Legislature that charter
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schoo ls he give n flexibility with regard to nonco re, noncollcge preparatory cou rses. (rn) A chart er school shall tran smit a copy of its annual. independen t, financ ial audit report for the preceding fiscal yea r. as described in subparagrap h (1 ) of pa ragraph (5) o f subd ivis ion (b), to its ch artering entity, the Cont rolle r, the co unty superin tendent of schools ofthe county in which the ch arter schoo l is sited. unless the co unty board o f edu cation o f the county in wh ich the charter schoo l is sited is the chartering e ntity, and the department by December 15 of each ye ar, Thi s subdivision docs ncompassed in the not apply if the audi t of the charter schoo l is e audit of the chartering entity pursuant to Section 4 10 20. SEC'. 28. Section 5 1004 of the Education Code is amended to
read:
510n4. The Legi slature hereby recognizes that it is the po licy of the peop le of the Stat e of Californ ia to provide an ed ucat ional opportu nity to the end that every pupi l Icaving school sha ll have the op portunity to be prepared to enter the world o f work; that
t·\'(.'ry pupil who
~ r;l d ll:l t es
from any state-supported educational
institution should have sufficient marketa ble skills for legitimate remunerat ive employment; that every q ualified and eligible ad ult citizen shall be afforded an educational oppo rtunity to become sui tably employed in som e rem unerative field of employment: and that these opportunities are a right to he enjoyed without regard to econ omic status or the characte ristics listed in Section 220. The Legislature further recog nizes that all pupil s need to be
provided with opportunities to explore and make career choices
and to seek ap propriate instru ct ion and training to suppo rt tho se choices. Th e Legisl ature therefore finds that fairs as community resource and yo uth leadership activities arc integral to assisting and guiding pupils in making choices and therefore encourage the further expansion ofcoo pera tive act ivitie s between schoo ls. youth leadership activities. andcommunity resources. A mong community resour ces of particular significance in providing information on
various career opportunities arc vocational and occupational exhibits, demonstrations and activities conducted at fai rs.
SEC. 29 . Sec tio n 5 1500 o lt he Education Code is amend ed to
read:
,'"'
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5 1500. :-;0 teacher shall give instru ction no r shall a school district sponsor any activity tha i promotes a discriminatory bias because o f a charac teri st ic listed in Section 220. SEC. 30. Seclion 5 1802 of the Ed uca tion Cod e is amended to read: 5 1802. (a) The governing board of a school district maintai ning a home teach ing program, o r providing home instructio n as au thoriz ed by law for pupils with disab ilities. may prov ide horne
teaching or instruction on Saturday.
Ill) No pu pil shall he requ ired to attend a home teachin g program or ho me instruction on Satu rday without the consent ofh is or her parent or legal guardian. S EC. 31. Section 60 800 of thc Ed uca tion Code is amended to read : 60800. (a) During the month of February, March, April, or May, the govern ing board o f eac h schoo l d istrict ma intaining any of grades 5, 7. and 9 sha ll admi nister to each pupil in those grades the physi cal performance test designa ted by the sta te board. Each pupil with a physica l disab ility and eac h pupi l who is physica lly una ble to take all o f the physical performance test shall be given as much of the test as his or her cond ition will permit. (b) Upou request of the department, a school district shall submit to thc department, at least once every two years. the res ults of its phy sical performance testin g. (c ) The department sha ll compile the results o f the physical performa nce test and submi t a repo rt every two years, by December 3 1, to the Legis lature and Governor that standa rdizes thc da ta. trac ks the development of high-q ua lity fitness programs, and co mpares the perfo rmance o f Cali forn ia's pup ils with national per formance, to the ex tent that fundi ng is available. (d) Pupi ls shall be pro vided with the ir individual result s after completing the physical per formance testing. The tc st results may be prov ide d orally as the pupil completes the testin g. (c) The governing board o f a sch oo l district sha ll repo rt the a ~ gn:ga le results of its physical performa nce testing administered pursuant to this sectio n in their ann ual school accountability report card required by Sectio ns 3] 126 and 35256. SEC. 32. Sec tion 61>030 of the Educ ation Cod e is am ended to read:
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66030. (a) It is the intent o f the Legislature that public higher edu cation in Ca liforn ia strive to provide educationally equitab le envi ronments that give eac h Cal ifornian. regardless o f ag e, economic c ircumsta nce. or the characteristi cs listed in Section 66 270 . a reasona ble o pportu n ity to develop fully his or her pot entia l. (b) It is the responsibility ofthe gove rning boards of instirutions o f higher educa tio n to ensure and maintain multicu ltural learn ing environme nts free fro m all forms of discrimination and harassm ent. in acco rdance w ith state and federal law. SEC. 33. Section 662 10 o f the Educa tion Code is amended to read: 66 2 10. (a) Th e Office of Emergency Serv ices shall develop gu ideli nes for camp uses of the University o f California and the California State University to use in developing emergency evac uation plans for all limns of stud ent housing own ed, operated, and o ffered by the university , bot h on campus and on' campus . In developing the guidelines, the O ffice o f Emergency Services sha ll consider Sectio ns H I') and 3.1.1 ofT itle 19 of the Ca liforn ia Code o f Reg ula tio ns. The guidelines sha ll addre ss all of the followi ng
Issues:
( I) Plan co ntent. Th e plans should include, but need not be limited to, the followi ng: (A) Specific evacuat ion ro utes that reco gnize the need s of persons with spe c ial need s. such as persons with disabi lities. (B) The desig nati on of a me eting place or places upon evacuatio n. (C) DIe ed ucation of students and sta ff in eme rgenc proced ures, y (2) Th e implementation and ma intenance o f the evacua tion plan by the Direc tor o f Student Housing. o r other ap propriate o fficer, at the individua l cam puses. The director. or oth er appro priate offi cer, is responsible for sched uling peri odic tests of the plan and im plementing chan ges as needed . (b) Ea ch cam pus of the lniversity of Califo rnia and the Cali fornia State Un iversity shall establish an emergency eva cua tion plan for its postsecondary student housing and may con su lt with the Office of Emergency Services for guidance in develop ing and estah lishing the plan. SFC. 34 , Sec tion 6li250 of the Educat ion Code is amended to ' rea d:
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66250. This chapter shall he known, and may be cited, as the Equity in Higher Education Act. SEC. 35. Section 66251 of the Education Code is amended to read: 66251. It is the policy of the State of Califo rnia to afford all perso ns. regardless of disabili ty, gender, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is conta ined in the proh ibition of hate crimes set forth in subdivision (a) of Sect ion 422.6 of the Pena l Code, equa l rights and opportunities in the postsecondary institutions of the state. The purpose of this chapter is to prohibi t acts that are contrary to that policy and to provide remedies therefor. SEC. 36. Section 66260.5 is added to the Educa tion Code, to read: 66260. 5. "D isability" includes mental and physical disability as defined in Section 12926 of the Gov ernment Code. SEC. 37. Sect ion 66260. 7 is adde d to the Education Code, to read:
66~ 60.7 .
"Gender" means sex, and includes a person's gender
identity and gender related appearance and behavior whether or not stcrcotypically associated with the person 's ass igned sex at birt h. SEC. 38. Section 6626 1.5 is added to the Education Code, to read: 66261 .5. "Nationality" includes citizenship, coun try oforigin, and nationa l origin. SEC. 39. Section 6626 1.7 is ad ded to the Educa tio n Code, to read: 6626 1.7. " Race or ethnicity' includes ancestry, color, ethnic group identification , and ethnic bac kgro und. SEC. 40. Section 66262 of the Educa tion Code is repeale d, SEC. 4 1. Sect ion 66262 is added to the Education Cod e, to read: 66262. "Religion" includes all aspects of religious belief, observance, and practice and includes agnos ticism and atheism. SEC. 42. Section 66262.7 is adde d to the Education Code. to read: 66262.7. "Sexual orientation" means heterosexuality,
homosexuality, or bisexuality.
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SEC. 43. Section 66269 is added to the Education Code, to read: 66269. Disability, gender, nationality, race or ethnicity, religion, sex ual orientation, or any other charac teri stic co nta ined in the definition of hate crimes set forth in Section 422.55 of the Penal Code includes a percepti on that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. SEC. 44. Section 66270 ofthe Education Code is amended to
read: 66270. No person shan be subjected to discrim ination on the basis of disability, gender, nationality, race or ethnicity, religi on, sexual orientation. or any other characteristic that is conta ined in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penni Code in any program or ac tivity conducted by any postse condary educational institution that receives, or benefi ts from, state financial assista nce or enrolls students who receive state student financ ial aid. SEC. 44.5. Section 06270 of the Education Code is amended to read: 66270. ='0 person shall be subjected to discrimination on the basis of disabi lity, gender, nationality, race or ethuicity, religion, sexual orientation, or any characteristic listed or defined in Section 111 35 of the Governm ent Code or any other charac teristic that is contained in thc prohibition of hate crimes set forth in subdivision (a ) of Section 422.6 of the Penal Code in any progra m or activity conducted by any postsecondary educational institution that
receives. or benefits from. state financial assistance or enrolls student s who receive state student financial aid. SEC. 45. Section 66270.5 of the Education Code is amended and renum ber d to read: 6627 1. This chapter shall not apply to an educational institution that is controlled by a religious organization if the applicat ion would not be consistent with the religious tenets of tha:
(\ r
raniz..a tion .
SEC. 46. Section 66292 of the Education Code is amended to read: 66292. (a) The governing board of a community college district shall have the primary responsibility for ensuring that comm unity
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college district programs ami activitiesarc free from discrimination based on age and the characteristics listed in Section 66270. (h) The Chancellor's office of the California Community Colleges shall have responsibility for monitoring the compliance of each district with any and all regulations adopted pursuant to Section 11138 of the Government Code. SEC. 47. Seotion66292 .1 of the Education Code is amended to read: 66292.1 . The Chancellor of the California Stale University and the president of each California Slate University campus shall have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on age and the characteristics listed in Section 66270. SEC. 48. Seclion 66292.2 of thc E ucation Code is amended d to read: 66292.2. The President of the University of California and the chancellor of each University of California campus shall have primary re ponsibility for ensuring that campus programs and s ac ivities are free from discrimination based on 3 g C and the characteristics listed in Section 66270. SEC. 49. 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 nf fi nancial 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) AII Cal Grant Program award recipients shall be residents of California. as determined by the cnmmission 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.
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Document 13-6
Filed 01/11/2008
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First-time Ca l Grant Program award recipients who arc part- time students shall be eliuible for a full-time renewa l award. (c) Cal Grant Prog ram awa rds shall be awa rded w ithout regard to age or the characteristics listed in Section 6627 0 . d) No applicant shall rece ive more than one type of Cal Grant Program awa rd concur rently, Ex cept as provided in subdi visions (b) and (c) o f Sec tion 69 535 . 1, no applicant shall: (I ) Rec eive one or a com bi nation of Cal Gram Program awards in excess of a total of four years o f full- time attendance in an undergraduate program. (2) lIa ve ob tained a baccalaureate deg ee prior to rece iv ing a r Ca l Grant Progra m award. except as provided in Sect ion 69540. am (g) Cal Gra nt Progr awards. except as provided in subd ivision (c) of Sec tion 69535.1. may only be used for edu cat ional expenses of a program of study leadi ng directly to an undergrad uate degree or certificate, or for expenses of undergraduate coursework in a program of study lead ing d irectly to a first professional de gree. but for
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