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.