July 1, 2017 is the deadline for California educational agencies to post information on their websites about students' rights under Title IX. The new posting requirements of Senate Bill (SB) 1375 can be found in Education Code section 221.61 and are in addition to the website posting requirements related to competitive athletics found in section 221.9. (See 2016 Client News Brief No. 36
.) Both sets of requirements are part of California's Sex Equity inEducation Act.
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any federally funded education program or activity. Title IX requires school districts to appoint a Title IX coordinator; notify all pupils, parents and guardians of pupils and school staff of their rights; and adopt and publish rules and procedures on how to receive, investigate and respond to a complaint. SB 1375 deals exclusively with promoting this information, and requires educational agencies, including public schools and school districts, county offices of education, charter schools and private schools that receive federal funding, to prominently and conspicuously display the following on their websites:
- The name and contact information of the Title IX coordinator, including a phone number and email address;
- The rights of pupils and the public, and the responsibilities of the educational agency under Title IX, including (1) links to the state Office for Equal Opportunity and federal Office for Civil Rights websites and (2) a list of the rights specified in Education Code section 221.8; and
- A description of how to file a complaint under Title IX, which will explain: (1) the statute of limitations; (2) investigative procedures, with links to the Office for Civil Rights website; and (3) a link to the Office for Civil Rights complaint form, and the contact information for the office.
A school that does not maintain a website may instead comply by posting the information on the website of its district or county office of education.
Lozano Smith has focused additional attention on Title IX by forming a Title IX Impact Team to assist districts in addressing these issues. For guidance on developing appropriate online postings, please contact the authors of this Client News Brief or an attorney at one of our nine offices
located statewide. You can also visit our website
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