Community youth athletics programs: sex or gender discrimination.
What changed between versions
The bill was restructured from two sections (adding Education Code Section 221.71 and amending Government Code Section 53080) into a single amendment to Government Code Section 53080. The standalone Education Code provision for local educational agencies was eliminated, folding all protections into the existing Government Code framework.
The definition of 'community youth athletics program' no longer includes programs 'operated, conducted, administered, supported, or enabled by a local educational agency.' It now only covers programs enabled by a city, county, city and county, or special district. Local educational agencies remain prohibited from discriminating in interscholastic athletic programs but the explicit link to community youth athletics programs they enable was removed.
The concept of 'third-party community youth athletics program' and the specific prohibition on 'rental to a third-party community youth athletics program' of facilities were removed. The bill no longer specifically addresses situations where a school rents facilities to an outside youth sports organization.
A safe harbor provision allowing entities to demonstrate accommodation by showing 'a history and continuing practice of program expansion and allocation of resources that are demonstrably responsive to the developing interests and abilities' of an underrepresented gender was removed. Entities can now only show compliance through proportionality or full/effective accommodation by the present program.
The provision stating that effective January 1, 2015, cities, counties, and special districts could no longer rely on the 'history and continuing practice' safe harbor was removed, as the underlying safe harbor itself was eliminated.