By Williamson H.B. No. 2284
74R4621 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to gender equity in public schools and institutions of
1-3 higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 1, Education Code, is amended by adding
1-6 Chapter 6 to read as follows:
1-7 CHAPTER 6. GENDER EQUITY
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 6.001. DEFINITION. In this chapter, "educational
1-10 institution" means:
1-11 (1) a public primary or secondary school; or
1-12 (2) a public college, university, or other
1-13 postsecondary educational establishment.
1-14 Sec. 6.002. EQUAL ACCESS TO SERVICES. An educational
1-15 institution shall provide equal access to all persons, regardless
1-16 of gender, to every service provided by the institution, including
1-17 services specifically addressed by Subchapter B.
1-18 Sec. 6.003. TECHNICAL ASSISTANCE. The Central Education
1-19 Agency or the Texas Higher Education Coordinating Board, as
1-20 appropriate, shall provide technical assistance to educational
1-21 institutions in:
1-22 (1) developing policy guidelines, procedures, and
1-23 employee training designed to promote gender equity in education;
1-24 and
2-1 (2) encouraging students of both genders to
2-2 participate equally in academic subjects typically dominated by
2-3 students of one gender.
2-4 Sec. 6.004. LIBERAL CONSTRUCTION. This chapter shall be
2-5 construed liberally to accomplish the goal of equitable provision
2-6 of educational services to all persons regardless of gender.
2-7 (Sections 6.005-6.010 reserved for expansion
2-8 SUBCHAPTER B. SPECIFIC SERVICES
2-9 Sec. 6.011. ADMISSIONS AND RECRUITMENT. (a) An educational
2-10 institution shall provide equal access to the institution's
2-11 admission procedures and information regarding those procedures to
2-12 all persons regardless of gender.
2-13 (b) An educational institution's recruiting practices must
2-14 be based on the merit of each person recruited, regardless of
2-15 gender, and may not rely on a bias regarding the merit of either
2-16 gender in a particular area.
2-17 (c) An educational institution may not consider a person's
2-18 gender as a factor in determining the admission of the person to
2-19 the institution, unless the institution can show that the person's
2-20 gender is given consideration to remedy past discrimination against
2-21 that gender.
2-22 Sec. 6.012. PROGRAMS. (a) An educational institution shall
2-23 provide equal access to each program to all persons regardless of
2-24 gender.
2-25 (b) An educational institution may not apply different
2-26 standards, rules of behavior, or sanctions to persons of different
2-27 genders participating in a program.
3-1 (c) An educational institution shall ensure that a person
3-2 participating in a program is not subject to verbal or physical
3-3 conduct of a sexual nature imposed by an employee or representative
3-4 of the institution under circumstances under which:
3-5 (1) submission to the conduct is an explicit or
3-6 implicit basis for a decision regarding the institution's services
3-7 that affects the person;
3-8 (2) the intent or effect of the conduct is to limit or
3-9 deny the person's equal access to the institution's services; or
3-10 (3) the intent or effect of the conduct is to create
3-11 an intimidating, hostile, or offensive environment for the person.
3-12 (d) In this section, "program" means an academic,
3-13 extracurricular, occupational, vocational, or research program
3-14 offered by an educational institution.
3-15 Sec. 6.013. COURSES. (a) An educational institution shall
3-16 provide equal access to each course of study offered by the
3-17 institution to all persons regardless of gender.
3-18 (b) An educational institution may not use a test or other
3-19 criterion for admission to a course of study that results in the
3-20 enrollment of a disproportionate number of persons of one gender in
3-21 the course unless:
3-22 (1) the use of the test or criterion has been shown by
3-23 scientifically accepted studies to predict a person's aptitude for
3-24 the course; and
3-25 (2) an alternative test or criterion that does not
3-26 result in a disproportionate enrollment of persons of one gender is
3-27 unavailable.
4-1 Sec. 6.014. GUIDANCE SERVICES. (a) An educational
4-2 institution shall provide equal access to each vocational and
4-3 educational guidance service and related materials offered by the
4-4 institution to all persons regardless of gender.
4-5 (b) An educational institution may not use a vocational,
4-6 psychological, or educational test in providing a vocational or
4-7 educational guidance service that adversely affects persons of one
4-8 gender disproportionately unless:
4-9 (1) the use of the test has been shown by
4-10 scientifically accepted studies to predict a person's aptitude for
4-11 an occupation; and
4-12 (2) an alternative test that does not adversely affect
4-13 persons of one gender disproportionately is unavailable.
4-14 Sec. 6.015. EXTRACURRICULAR ACTIVITIES. (a) An educational
4-15 institution may not sponsor or participate in the organization of
4-16 an extracurricular activity conducted at the institution that
4-17 restricts a person's participation on the basis of gender.
4-18 (b) This section does not apply to:
4-19 (1) the use of an educational institution's facilities
4-20 by an independent youth service organization that is:
4-21 (A) exempt from taxation under the Internal
4-22 Revenue Code; and
4-23 (B) traditionally limited to persons of one
4-24 gender principally under 19 years of age; or
4-25 (2) an activity for mothers and daughters or for
4-26 fathers and sons if comparable activities are provided for persons
4-27 of each gender.
5-1 Sec. 6.016. ATHLETICS. (a) An educational institution
5-2 shall provide equal access to each intramural, interscholastic, and
5-3 intercollegiate athletic program offered by the institution to all
5-4 persons regardless of gender. Equal access under this section
5-5 shall be reflected in all components of an institution's athletic
5-6 programs, including:
5-7 (1) equipment, facilities, supplies, and uniforms;
5-8 (2) practice and game time;
5-9 (3) number and salary of coaches;
5-10 (4) coaching at each level of competition;
5-11 (5) medical and insurance coverage;
5-12 (6) publicity;
5-13 (7) scouting; and
5-14 (8) administrative staff support.
5-15 (b) An educational institution may operate separate athletic
5-16 teams for females and males or a single team open competitively to
5-17 females and males if the institution's complete athletic program
5-18 provides equal opportunity for a person of either gender to
5-19 participate in athletics of interest to the person at comparable
5-20 levels of difficulty.
5-21 Sec. 6.017. FINANCIAL AID. An educational institution may
5-22 not use a person's gender as a factor in determining whether to
5-23 provide financial aid to the person.
5-24 Sec. 6.018. FACILITIES AND CONVENIENCES. (a) An
5-25 educational institution shall provide equal access to the
5-26 institution's facilities and conveniences to all persons regardless
5-27 of gender.
6-1 (b) An educational institution may maintain separate toilet
6-2 facilities, locker rooms, or living facilities for persons of
6-3 different genders if comparable facilities are available to persons
6-4 of both genders.
6-5 Sec. 6.019. STUDENT EMPLOYMENT SERVICES. (a) An
6-6 educational institution shall provide equal access to the
6-7 institution's employment assistance and placement services,
6-8 including cooperative education, work study, apprenticeship
6-9 training, and job placement services, to all students regardless of
6-10 gender.
6-11 (b) An educational institution may not:
6-12 (1) discriminate against a student on the basis of
6-13 gender in relation to any condition or privilege of employment; or
6-14 (2) enter into a contract for employment of students
6-15 with a person who discriminates on the basis of gender in
6-16 employment practices or the provision of services to employees.
6-17 Sec. 6.020. EMPLOYMENT. (a) An educational institution may
6-18 not discriminate against a person on the basis of gender in any
6-19 matter relating to employment by the institution.
6-20 (b) An educational institution may not limit, segregate, or
6-21 classify an applicant or employee in any manner based on gender
6-22 that could adversely affect the employment opportunities or status
6-23 of the applicant or employee.
6-24 (c) An educational institution may not enter into a
6-25 contractual or other relationship that subjects a person to
6-26 discrimination prohibited by this section, including a relationship
6-27 with an employment or referral agency, labor union, or an
7-1 organization that provides or administers benefits to the
7-2 institution's employees.
7-3 (Sections 6.021-6.050 reserved for expansion
7-4 SUBCHAPTER C. ENFORCEMENT
7-5 Sec. 6.051. COMPLIANCE PLAN. (a) An educational
7-6 institution shall conduct an internal review of its services for
7-7 violations of this chapter and, not later than January 31, 1997,
7-8 develop and submit to the Central Education Agency or the Texas
7-9 Higher Education Coordinating Board, as appropriate, a written plan
7-10 that:
7-11 (1) identifies existing violations;
7-12 (2) describes corrective actions required to remedy
7-13 violations; and
7-14 (3) establishes a systematic monitoring procedure to
7-15 ensure continuing compliance.
7-16 (b) An educational institution shall comply completely with
7-17 this chapter not later than January 31, 1998.
7-18 (c) An educational institution shall make a copy of its
7-19 compliance plan available for public inspection at the institution
7-20 during regular office hours until at least the third anniversary of
7-21 the submission of the plan.
7-22 (d) This section expires September 30, 2000.
7-23 Sec. 6.052. COMPLIANCE REPORT. (a) An educational
7-24 institution shall submit an annual report of its compliance with
7-25 this chapter to the Central Education Agency or the Texas Higher
7-26 Education Coordinating Board, as appropriate. The report shall
7-27 contain the information required by rules adopted under Section
8-1 6.053.
8-2 (b) An educational institution shall make a copy of each
8-3 compliance report available for public inspection at the
8-4 institution during regular office hours until at least the 10th
8-5 anniversary of the date of the report.
8-6 Sec. 6.053. ENFORCEMENT OVERSIGHT. (a) The Central
8-7 Education Agency or the Texas Higher Education Coordinating Board
8-8 shall enforce this chapter as it applies to each educational
8-9 institution under its authority.
8-10 (b) The State Board of Education and the Texas Higher
8-11 Education Coordinating Board may adopt rules necessary to implement
8-12 this chapter.
8-13 (c) The State Board of Education and the Texas Higher
8-14 Education Coordinating Board shall adopt initial rules applicable
8-15 to an educational institution's development of a compliance plan
8-16 under Section 6.051 not later than January 31, 1996. This
8-17 subsection expires January 31, 2000.
8-18 Sec. 6.054. COMPLIANCE REVIEW. (a) The Central Education
8-19 Agency or the Texas Higher Education Coordinating Board, as
8-20 appropriate, shall evaluate each educational institution's
8-21 compliance with this chapter at least once every three years based
8-22 on the compliance reports required by Section 6.052.
8-23 (b) The Central Education Agency or the Texas Higher
8-24 Education Coordinating Board, as appropriate, shall inform an
8-25 educational institution in writing of the results of a compliance
8-26 review conducted under this section.
8-27 Sec. 6.055. COMPLIANCE ENFORCEMENT. (a) On discovery of a
9-1 violation of this chapter by an educational institution, the
9-2 Central Education Agency or the Texas Higher Education Coordinating
9-3 Board, as appropriate, shall promptly notify the institution and
9-4 attempt to remedy the violation through informal conciliation.
9-5 (b) If informal conciliation does not produce a remedy of a
9-6 violation before the 90th day after an educational institution
9-7 receives notice of the violation, the Central Education Agency or
9-8 the Texas Higher Education Coordinating Board, as appropriate,
9-9 shall, after conducting a hearing if requested under Subsection
9-10 (c), take action as necessary to remedy the violation, including:
9-11 (1) imposition of an affirmative action program at the
9-12 institution; or
9-13 (2) suspension or termination of state financial
9-14 assistance to the institution.
9-15 (c) An authorized representative of an educational
9-16 institution may, not later than the 90th day after the date the
9-17 institution receives notice of a violation of this chapter, request
9-18 a hearing before the State Board of Education or the Texas Higher
9-19 Education Coordinating Board, as appropriate. If requested, the
9-20 hearing must be held not later than the 150th day after the date
9-21 the institution receives notice of the violation.
9-22 Sec. 6.056. PRIVATE ADMINISTRATIVE REMEDY. (a) A person
9-23 aggrieved by a violation of this chapter may file a written
9-24 complaint with the Central Education Agency or the Texas Higher
9-25 Education Coordinating Board, as appropriate, not later than the
9-26 first anniversary of the date of the alleged violation.
9-27 (b) On receipt of a complaint filed under Subsection (a),
10-1 the Central Education Agency or the Texas Higher Education
10-2 Coordinating Board, as appropriate, shall attempt to resolve the
10-3 complaint informally. If informal resolution is unsuccessful, the
10-4 agency or the board must hold a hearing not later than the 60th day
10-5 after the date of receipt of the complaint at which the complainant
10-6 and the educational institution may present evidence. The agency
10-7 or the board must issue a written decision not later than the 60th
10-8 day after the date on which the hearing concludes.
10-9 Sec. 6.057. PRIVATE JUDICIAL REMEDY. (a) A person
10-10 aggrieved by a violation of this chapter may bring suit for
10-11 damages, equitable relief, or both, in district court. A person is
10-12 not required to exhaust a person's administrative remedies before
10-13 bringing suit under this section.
10-14 (b) An aggrieved person who prevails in a suit brought under
10-15 this section may recover reasonable attorney's fees and court
10-16 costs.
10-17 SECTION 2. (a) Except as provided by Subsection (b) of this
10-18 section, this Act takes effect September 1, 1995.
10-19 (b) Sections 6.052 and 6.054-6.057, Education Code, as added
10-20 by this Act, take effect February 1, 1998.
10-21 SECTION 3. The importance of this legislation and the
10-22 crowded condition of the calendars in both houses create an
10-23 emergency and an imperative public necessity that the
10-24 constitutional rule requiring bills to be read on three several
10-25 days in each house be suspended, and this rule is hereby suspended.