ECSheading
From the ECS State Policy Database
Equity


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
CASigned into law 07/2012P-12From bill summary: Until December 31, 2015, in a district with a pupil population over 400,000, authorizes an employee appointment to specified classifications of positions to be made from other than the first 3 ranks on the eligibility list if specialized licenses, certifications, knowledge, or ability that cannot reasonably be acquired during the probationary period or a specific gender is required for successful job performance of a position, in which case the appointment would be required to be made from among the highest 3 ranks of applicants on the list who meet the special requirements and are ready and willing to accept the position. Requires a district that makes an appointment under these provisions to study the effectiveness of the selection method, the vacancy rates for each class, and the length of time to hire for each class, and submit a report of its findings to any affected labor union. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2101-2150/ab_2125_bill_20120709_chaptered.pdf
Title: A.B. 2125
Source: www.leginfo.ca.gov

OHSigned into law 06/2012P-12Permits the department's office of Ohio school sponsorship to assume sponsorship of a community school whose sponsorship has been revoked by the department. Permits the office to extend the term of a contract for a school whose sponsorship it has assumed. Provides that certain limits on directly authorized community schools do not apply to community schools sponsored by the office of Ohio school sponsorship. Provides that nothing precludes a community school whose sponsorship has been assumed by the office of Ohio school sponsorship from applying for sponsorship under the Ohio school sponsorship program established under section 3314.029 (http://codes.ohio.gov/orc/3314.029). Requires all community schools sponsored by the office of Ohio school sponsorship to be ranked together for purposes of the department's composite performance index score for academic performance of community schools sponsored by the same entity. Directs the department to exclude from the calculation of an entity's composite performance index score all community schools that have been in operation for less than 2 full school years. Provides certain community schools will cease to be excluded from the index if those schools become subject to closure. Requires the sponsoring entities' annual rankings from highest to lowest to be published between October 1-15. Amends definition of "sponsor" in provisions relating to certain community schools, to include a district board of education or the governing board of an educational service center that agrees to the conversion of all or part of a school or building. Increases from 2 to 5 the number of governing authorities of start-up community schools on which an individual may serve at a time.

Authorizes the department to deny an application submitted by the governing authority of an existing community school, if a previous sponsor of that school did not renew its contract with the school. Requires the department to make available a copy of every approved, executed community school contract filed with the state superintendent. Requires community schools to comply with public school promotion/retention policies, and provision that requires a parent enrolling his/her child to be provided upon enrollment with a copy of the school's most recent accountability report card. Permits children under the age of 5 to be admitted to a community school in the same manner as early enrollees in traditional public schools, and requires a local board and a community school governing authority to include such early enrollee figures in their respective community school enrollment reports. Permits the governing authority of a community school to either (1) establish a single-gender school for either sex, or (2) establish single-gender schools for each sex under the same contract, provided facilities for boys and girls are substantially equal. Establishes procedures by which districts must monthly review enrollment of students in community schools who are entitled to attend school in the district, to verify the community school in which the student is enrolled, and that the student is entitled to enroll in school in the district.

Provides that if, by March 31, 2013, the general assembly does not enact for certain community schools performance standards, a report card rating system, and criteria for closure, those schools are required to permanently close upon meeting certain criteria; provides exceptions.
Pages 117-170 of 592: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf
Title: S.B. 316 - Community Schools
Source: www.legislature.state.oh.us

CASigned into law 10/2011P-12
Postsec.
Creates definition of "gender expression" in the Education Code. Adds that a public education is to be offered to all, regardless of gender identity and gender expression; prohibits discrimination in public schools and charter schools based on gender identity or gender expression in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who
receive state student financial aid. Adds that gender identity and gender expression includes a perception 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. Adds gender identity and gender expression to characteristics that supplemental resources to combat bias should be available in the public schools. Also prohibits discrimination on the basis of gender expression and gender identity in the Government Code. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0851-0900/ab_887_bill_20111009_chaptered.pdf
Title: A.B. 887
Source: www.leginfo.ca.gov

ILSigned into law 07/2010P-12
Postsec.
Community College
Establishes the African American Employment Plan Act. Provides that the purposes of the act are to:

(a) improve the delivery of state services to Illinois' African Americans by increasing the number of African American state employees total and the number serving in supervisory, technical, professional and managerial positions;
(b) identify state agencies' staffing needs and qualification requirements;
(c) track hiring practices and promotions of African Americans employed by state agencies;
(d) increase the number of African Americans employed by state agencies;
(e) increase the number of African American state employees who are promoted;
(f) assist state agencies to meet their goals established pursuant to the African American Employment Plan; and
(g) establish the African American Employment Plan

Directs the department of central management services to develop and implement plans (and for each state agency to implement strategies and programs) to increase the number of African Americans employed by state agencies and the number at supervisory, technical, professional and managerial levels. Calls on the department to prepare and annually revise an African American Employment Plan, and to annually report to the general assembly each state agency's activities to implement that plan. Directs each state agency to annually report to the department of central management services and the department of human rights all of the agency's activities in implementing the African American Employment Plan. Sets forth required content of such reports. Directs the department of central management services to assist state agencies that are required to establish preparation and promotion training programs for failure to meet their affirmative action and equal employment opportunity goals.

Establishes the African American Employment Plan Advisory Council to examine: (1) the prevalence and impact of African Americans employed by state government; (2) the barriers faced by African Americans seeking employment or promotions in state government; and (3) possible incentives that could be offered to foster the employment of and promotion of African Americans in state government. Directs the council to issue an annual report of its activities, beginning February 2012.

Requires each institution of higher education under the jurisdiction of the Illinois Board of Higher Education and each community college under the jurisdiction of the Illinois Community College Board to annually report to the general assembly its activities implementing strategies and programs, and its progress, in the hiring and promotion of Hispanics and bilingual persons at supervisory, technical, professional and managerial levels, including assessments of bilingual service needs and information received from the auditor general pursuant to its periodic review responsibilities. http://www.ilga.gov/legislation/96/SB/PDF/09600SB3531lv.pdf
Title: S.B. 3531
Source: www.ilga.gov

GASigned into law 05/2010P-12Removes some requirements on the department of education relating to annual gender equity reporting; provides for related matters. http://www.legis.state.ga.us/legis/2009_10/pdf/hb910.pdf
Title: H.B. 910
Source: www.legis.state.ga.us

CAVetoed 10/2009Postsec.
Community College
Requires school districts, the president or chief executive officer of a community college campus, the president of a California State University campus, and requests the chancellor of each University of California campus, to place on their respective Web sites a list of pupil rights based on federal law prohibiting discrimination on the basis of sex in education programs and activities under Title IX. Bill: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0201-0250/sb_248_bill_20090910_enrolled.pdf Veto message: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0201-0250/sb_248_vt_20091011.html
Title: S.B. 248
Source: www.leginfo.ca.gov

CAVetoed 10/2009P-12Requires the state department of education to include, as part of its review of an application for new construction plan approval, a determination of whether a project that includes athletics-related facilities provides the opportunity for gender equitable access to such facilities or provides equity in the size and quality of areas to be used exclusively by either boys or girls, including locker rooms, playing and practice facilities, or medical and training service areas. Authorizes the department to convene a working group to develop guidelines and procedures for the implementation of this review process. Authorizes the department to submit a report, including the guidelines and procedures developed for implementing the bill, and any additional pertinent recommendations, to the chairpersons of the assembly and senate education committtes by December 31, 2010. Bill: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0651-0700/ab_685_bill_20090911_enrolled.pdf Veto message: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0651-0700/ab_685_vt_20091012.html
Title: A.B. 685
Source: www.leginfo.ca.gov

MOSigned into law 07/2009P-12Prohibits municipal fire departments and police departments, state agencies, state departments, and political subdivisions public agencies and political subdivisions from discrimination based on an individual's elementary and secondary education program; provides that employers may require individuals to have other abilities or skills for their position.
http://www.senate.mo.gov/09info/pdf-bill/tat/SB232.pdf
Title: S.B. 232
Source: http://www.senate.mo.gov

NEApproved by voters 09/2008P-12
Postsec.
(INITIATIVE MEASURE NO. 424) Proposes an amendment to the State Constitution; prohibits the State from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, or public contracting; allows bona fide qualifications based on sex that are reasonably necessary; provides an exception for certain federal programs. On 11/14/2008 Ballot.
Title: V. 3; (Initiative Measure No. 424)
Source: Lexis-Nexis/StateNet

VASigned into law 03/2008P-12Adds public entities, including schools, to the list of public places in which persons with disabilities are entitled to the same full and free rights as other persons.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB214ER
Title: H.B. 214
Source: http://leg1.state.va.us

IAAdopted 11/2007P-12Reflects that education programs are not to discriminate on the basis of the added characteristics of sexual orientation and gender identity. Clarifies that a preschool program must meet accreditation standards on the same basis as any prekindergarten program offered by a school district. Makes various other updates. IOWA 6161
Title: IAC 281, 12.1(1), 281-12.2(256), 12.3(6), 12.3(13), 12.8(1)
Source: Lexis-Nexis/StateNet

UTAdopted 11/2006P-12Adds new language for determining where a homeless or emancipated student shall attend school and provides for the inclusion of charter schools within the rule; ensures funds for homeless and economically disadvantaged ethnic minority students are distributed equitably and
efficiently to school districts and charter schools; aligns the language of the rule with new federal regulations regarding the education of homeless students. http://www.rules.utah.gov/publicat/bull_pdf/2006/b20061001.pdf (see pg. 25)
Title: R277-616
Source: http://www.rules.utah.gov/main/

CAVetoed 09/2006P-12Requires the State Department of Education to develop a model antidiscrimination and antiharassment policy that prohibits such conduct based on specified characteristics, including, but not limited to, actual or perceived gender identity and sexual orientation, for school districts to adopt. Requires the department to post the model policy on its Internet Web site for school districts to download. Requires the district to publicize the policy and to take actions relating to awareness and prevention.
Title: A.B. 606
Source: California Legislature

MISigned into law 08/2006P-12Allows single sex schools, classes and programs to be established in the Detroit public schools. Enrollment must be voluntary, and the district is required to make a substantially equal co-educational school, class or program available.
http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2006-PA-0347.pdf
Title: H.B. 4264
Source: http://www.legislature.mi.gov/

MISigned into law 08/2006P-12Allows gender based classrooms, schools or programs under the Elliot-Larsen civil rights act. Relates to a school district, an intermediate school district or a public school academy.
http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2006-PA-0348.pdf
Title: H.B. 6247
Source: http://www.legislature.mi.gov

MISigned into law 07/2006P-12Provides that a school district or a public school academy may establish and maintain a program within a school in which enrollment is limited to pupils of a single gender if the school district, intermediate school district, or public school academy makes available to pupils an equal coeducational school, class, or program and an equal school, class, or program for pupils of the other gender; provides that enrollment in any singe-gender school, class or program must be voluntary. http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2006-PA-0303.pdf
Title: S.B. 1296
Source: http://www.michiganlegislature.org

WISigned into law 04/2006P-12Authorizes a school board to operate single-sex schools, other than charter schools, or provide single-sex courses if the school board makes available to the opposite sex under the same policies and criteria of admission, schools or courses that are comparable to each such single-sex school or course.

Authorizes a school board to enter into a contract for and authorizes the University of Wisconsin (UW)-Milwaukee, Milwaukee Area Technical College, City of Milwaukee, and the UW-Parkside to establish or contract to establish a single-sex charter school. http://www.legis.state.wi.us/2005/data/acts/05Act346.pdf
Title: A.B. 114
Source: Wisconsin Legislative Council

NY(H) INTRODUCED AND REFERRED TO COMMITTEE ON ASSEMBLY EDUCATION 05/2005P-12Establishes the single gender core course academies demonstration program within the education department; provides that such program shall be established in 4 elementary schools, 8 middle schools and 1 high school which are lowperforming schools in each of the cities of New York, Yonkers, Syracuse, Rochester and Buffalo; provides that the program shall provide single gender classroom instruction in English, social studies, mathematics and science; requires such schools to report progress to the department and a university center of the state university of New York forstudy and reporting to the governor, temporary president of the senate and speaker of the assembly; students shall participate in such program upon consent of their parents
Title: H.B. 8092
Source: StateNet

CAVetoed 09/2004P-12Requires the state to implement the principles underlying the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) by addressing discrimination against women and girls. Requires the Department of Corrections, the State Department of Education and the State Department of Health Services to conduct, in consultation with the State Commission on the Status of Women, an evaluation of their departments to ensure that the state does not discriminate against women through the allocation of funding and the delivery of services. Require these departments to report their findings and recommendations to the Legislature no later than January 1, 2007. http://www.leginfo.ca.gov/pub/bill/asm/ab_0351-0400/ab_358_bill_20040827_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_358_veto.pdf
Title: A.B. 358
Source: www.leginfo.ca.gov

ALSigned into law 03/2004P-12Amended S.J.R. 16 (Act 2003-500, 2003 2nd Sp. Sess) that related to the Alabama Interim Brown versus Board of Education 50th Anniversary Commission, members increased, authority expanded, dissolution date extended to January 1, 2005. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
Title: S.J.R. 32
Source: Alabama Legislative Web site

ALSigned into law 09/2003P-12Creates to the Alabama Interim Brown v. Board of Education 50th Anniversary Commission. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
Title: S.J.R. 16
Source: Alabama Legislative Web site

INSigned into law 03/2002P-12Requires every district to review district's programs to judge if district's practices of separating students by ability, placing students into educational tracks, or using test results to screen students result in the systematic separation of students by race, color, creed, national origin or socioeconomic status.
Title: S.B. 292
Source: www.state.in.us/legislative

TXSigned into law 06/2001Postsec.Relates to the establishment and use of a women's athletic development fund and a study of women's athletic development practices at institutions of higher education.
Title: S.B. 903
Source: Lexis-Nexis/StateNet

ARSigned into law 03/2001P-12The Department of Education may withhold state aid from any district that fails to file its assurance of compliance with civil rights responsibilities by October 15 each year, or fails to file any other information with a published deadline requested from school districts by the Equity Assistance Center so long as 30 calendar days are given between the request for the information and the published deadline. Thirty days notice shall not be required when the request comes from a member or committee of the general assembly.
Title: H.B. 2198
Source: Lexis-Nexis/StateNet

HISigned into law 06/2000P-12Prohibits discrimination in athletics on the bases of sex in any public school and requires the superintendent of education to develop a strategic plan to ensure equity in sports participation.
Title: S.B. 2475
Source: Lexis-Nexis/StateNet

ILSigned into law 06/2000Postsec.Public Act No. 91-792., Amends the Board of Higher Education Act; removes the provision repealing the Section concerning gender equity in intercollegiate athletics on December 31, 2000; changes when the Board of Higher Education has to report to the General Assembly and the Governor with a description of the plans submitted by public institutions of higher education relative to gender equity in intercollegiate sports to every 3 years, on or before the 2nd Wednesday of April.
Title: S.B. 1589
Source: Lexis-Nexis/StateNet

GASigned into law 03/2000P-12Relates to other educational programs under the Quality Basic Education Act; prohibits discrimination based on gender in elementary and secondary school athletic programs; provides for operation or sponsorship of separate athletic teams for members of each gender under certain circumstances; requires local school systems to provide equal athletic opportunity for members of both genders.
Title: H.B. 1308
Source: Lexis-Nexis/StateNet