BILL NUMBER: SB 777	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2007

INTRODUCED BY   Senator Kuehl

                        FEBRUARY 23, 2007

   An act to amend Sections 200, 220, 235, 260,  14058, 18701,
18710, 18720, 19323, 35316, 35351, 39830, 44253.2, 44253.3, 44866,
46192, 47605, 51004,  51500, 51501,  51802,  60044,
 60800, 6603   0, 66210,  66250, 66251, 
and 66270 of,   66270, 66292, 66292.1, 66292.2, 69535,
72011, 72012, 72014, 82305.6, 89757, 92150, and 94600 of,  to
amend and renumber Sections  210.1 and 220.5,  
220.5 and 66270.5 of, to amend, renumber, and add Section 210.5 of,
 to add Sections  210.1,  210.7, 212.1, 212.3,
212.6, 219, 66260.5, 66260.7, 66261.5, 66261.7, 66262.7, and 66269
to,  to repeal Section 72013 of,  and to repeal and add
Sections 212 and 66262 of, the Education Code, relating to education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 777, as amended, Kuehl. Discrimination. 
   Existing 
    (1)     Existing  law states that it
is the policy of the state to afford equal rights and opportunities
to all persons in the public or private elementary and secondary
schools and postsecondary educational institutions of the state
regardless of their sex, ethnic group identification, race, national
origin, religion, or mental or physical disability and prohibits a
person from being subjected to discrimination on those bases  and
contains various provisions to implement that policy  .
    Existing law prohibits a teacher from giving instruction, and a
school district from sponsoring any activity, that reflects adversely
upon persons because of their race, sex, color, creed, handicap,
national origin, or ancestry.
   Existing law prohibits the State Board of Education and the
governing board of a school district from adopting for use in the
public schools any instructional materials that reflect adversely
upon persons because of their race, sex, color, creed, handicap,
national origin, or ancestry.
   This bill would revise the list of prohibited bases of
discrimination and the kinds of prohibited instruction, activities,
and instructional materials and instead, would refer to disability,
gender, nationality, race or ethnicity, religion, sexual orientation,
or any other characteristic contained in the definition of hate
crimes that is contained in the Penal Code. The bill would define
disability, gender, nationality, race or ethnicity, religion, and
sexual orientation for this purpose. 
   (2) Existing laws relating to education refer to "handicapped
pupils," "handicapped adults," "physically handicapped pupils,"
"physically handicapped adults," "the handicapped," and "handicapped
persons."  
   This bill would change these terms to "pupils with disabilities,"
"adults with disabilities," "pupils with physical disabilities,"
"adults with physical disabilities," and "persons with disabilities."

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    This act shall be known, and may be
cited, as the California Student Civil Rights Act. 
   SECTION 1.   SEC. 1.5.   Section 200 of
the Education Code is amended to read:
   200.  It is the policy of the State of California to afford all
persons in public schools, regardless of their disability, gender,
nationality, race or ethnicity, religion, sexual orientation, or any
other characteristic that is contained in the definition of hate
crimes set forth in Section 422.55 of the Penal Code, equal rights
and opportunities in the educational institutions of the state. The
purpose of this chapter is to prohibit acts  which 
 that  are contrary to that policy and to provide remedies
therefor. 
  SEC. 2.    Section 210.1 is added to the Education
Code, to read:
   210.1.  "Disability" includes mental and physical disability.

   SEC. 3.   SEC. 2.   Section 210.1 of the
Education Code is amended and renumbered to read:
   210.3.  "Educational institution" means a public or private
preschool, elementary, or secondary school or institution; the
governing board of a school district; or any combination of school
districts or counties recognized as the administrative agency for
public elementary or secondary schools.
   SEC. 3.    Section 210.1 is added to the  
Education Code  , to read:  
   210.1.  "Disability" includes mental and physical disability.

  SEC. 4.  Section 210.7 is added to the Education Code, to read:
   210.7.  "Gender" means sex, and includes a person's gender
identity and gender related appearance and behavior whether or not
stereotypically associated with the person's assigned sex at birth.
  SEC. 5.  Section 212 of the Education Code is repealed.
  SEC. 6.  Section 212 is added to the Education Code, to read:
   212.  "Nationality" includes citizenship, country of origin, and
national origin.
  SEC. 7.  Section 212.1 is added to the Education Code, to read:
   212.1.  "Race or ethnicity" includes ancestry, color, and ethnic
background.
  SEC. 8.  Section 212.3 is added to the Education Code, to read:
   212.3.  "Religion" includes all aspects of religious belief,
observance, and practice and includes agnosticism and atheism.
  SEC. 9.  Section 212.6 is added to the Education Code, to read:
   212.6.  "Sexual orientation" means heterosexuality, homosexuality,
or bisexuality.
  SEC. 10.  Section 219 is added to the Education Code, to read:
   219.  Disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or any other characteristic contained
in the definition of hate crimes set forth in Section 422.55 of the
Penal Code 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.
  SEC. 11.  Section 220 of the Education Code is amended to read:
   220.  No person shall be subjected to discrimination on the basis
of disability, gender, nationality, race or ethnicity, religion,
sexual orientation, or any other characteristic that is contained in
the definition of hate crimes set forth in Section 422.55 of the
Penal Code 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.

  SEC. 12.  Section 220.5 of the Education Code is amended and
renumbered to read:
   221.  This article shall not apply to an educational institution
that is controlled by a religious organization if the application
would not be consistent with the religious tenets of that
organization.
  SEC. 13.  Section 235 of the Education Code is amended to read:
   235.  There shall be no discrimination on the basis of the
characteristics listed in Section 220 in any aspect of the operation
of alternative schools or charter schools.
  SEC. 14.  Section 260 of the Education Code is amended to read:
   260.  The governing board of a school district shall have the
primary responsibility for ensuring that school district programs and
activities are free from discrimination based on the characteristics
listed in Section 220 and for monitoring compliance with any and all
rules and regulations promulgated pursuant to Section 11138 of the
Government Code.
   SEC. 15.   Section 14058 of the   Education
Code   is amended to read: 
   14058.   (a)    For all  handicapped
 adults  with disabilities  educated by the county
superintendent of schools, for all secondary schools maintained in
juvenile halls, juvenile homes, and juvenile camps by the county
superintendent of schools, and for all  students 
 pupils  enrolled in grades 9 to 12, inclusive, in
opportunity schools and classes and all continuation schools and
classes maintained by the county superintendent of schools, the
Superintendent  of Public Instruction  shall allow
the same amount as he or she would compute for the foundation program
of a high school district under Section 41712. 
   However, 
   (b)     Notwithstanding subdivision (a),
 the total of allowances for education of  handicapped
 adults  with disabilities  in classes established
by the county superintendent of schools pursuant to Section 52570 or
78440 shall not exceed fifty thousand dollars ($50,000) in any one
fiscal year. The Superintendent  of Public Instruction
 shall establish a system of priorities that he or she shall
by rule or regulation adopt that shall give highest priority to
those counties in which no program or an insufficient program for the
education of  handicapped  adults  with
disabilities  is provided by the school districts within the
county, in order to comply with the limitation prescribed by this
 subdivision   section  .
   SEC. 16.    Section 18701 of the   Education
Code   is amended to read: 
   18701.  The Legislature finds and declares that it is in the
interest of the people of the state to insure that all people have
free and convenient access to all library resources and services that
might enrich their lives, regardless of where they live or of the
tax base of their local government.
   This finding is based on the recognition that:
   (a) The public library is a primary source of information,
recreation, and education to persons of all ages, any location  ,
 or any economic circumstance.
   (b) The expansion of knowledge and the increasing complexity of
our society create needs for materials and information  which
  that  go beyond the ability of any one library
to provide.
   (c) The public libraries of California are supported primarily by
local taxes. The ability of local governments to provide adequate
service is dependent on the taxable wealth of each local jurisdiction
and varies widely throughout the state.
   (d) Public libraries are unable to bear the greater costs of
meeting the exceptional needs of many residents, including 
the handicapped   people with disabilities  ,
non-English and limited English-speaking persons, those who are
confined to home or in an institution, and those who are economically
disadvantaged.
   (e) The effective sharing of resources and services among the
libraries of California requires an ongoing commitment by the state
to compensate libraries for services beyond their clientele.
   (f) The sharing of services and resources is most efficient when a
common data base is available to provide information on where
materials can be found.
   SEC. 17.    Section 18710 of the   Education
Code   is amended t   o read: 
   18710.  As used in this chapter, unless the context otherwise
indicates or unless specific exception is made:
   (a) "Academic library" means a library established and maintained
by a college or university to meet the needs of its students and
faculty, and others by agreement.
   (b) "Act" means the California Library Services Act.
   (c) "Cooperative Library System" means a public library system
that consists of two or more jurisdictions entering into a written
agreement to implement a regional program in accordance with this
chapter, and which, as of the effective date of this chapter, was
designated a library system under the Public Library Services Act of
1963 or was a successor to such a library system.
   (d) "Direct loan" means the lending of a book or other item
directly to a borrower.
   (e) "Equal access" means the right of the residents of
jurisdictions that are members of a Cooperative Library System to use
on an equal basis with one another the services and loan privileges
of any and all other members of the same system.
   (f) "Independent public library" means a public library not a
member of a system.
   (g) "Interlibrary loan" means the lending of a book or other item
from one library to another as the result of a user request for the
item.
   (h) "Interlibrary reference" means the providing of information by
one library or reference center to another library or reference
center as the result of a user request for the information.
   (i) "Jurisdiction" means a county, city and county, city, or any
district that is authorized by law to provide public library services
and that operates a public library.
   (j) "Libraries for institutionalized persons" means libraries
maintained by institutions for the purpose of serving their resident
populations.
   (k) "Net imbalance" means the disproportionate cost incurred under
universal borrowing or equal access when a library directly lends a
greater number of items to users from outside its jurisdiction than
its residents directly borrow from libraries of other jurisdictions.
   () "Public library" means a library, or two or more libraries,
that is operated by a single public jurisdiction and that serves its
residents free of charge.
   (m) "School library" means an organized collection of printed and
audiovisual materials that satisfies all of the following criteria:
   (1) Is administered as a unit.
   (2) Is located in a designated place.
   (3) Makes printed, audiovisual, and other materials as well as
necessary equipment and services of a staff accessible to elementary
and secondary school students and teachers.
   (n) "Special library" means one maintained by an association,
government service, research institution, learned society,
professional association, museum, business firm, industrial
enterprise, chamber of commerce, or other organized group, the
greater part of their collections being in a specific field or
subject, e.g., natural sciences, economics, engineering, law, and
history.
   (o) "Special Services Programs" means a project establishing or
improving service to the underserved of all ages.
   (p) "State board" means the California Library Services Board.
   (q) "System" means a cooperative library system.
   (r) "Underserved" means any population segment with exceptional
service needs not adequately met by traditional library service
patterns; including, but not limited to, those persons who are
geographically isolated, economically disadvantaged, functionally
illiterate, of non-English-speaking or limited-English-speaking
ability, shut-in,  or  institutionalized, or 
handicapped   who are persons with disabilities  .
   (s) "Universal borrowing" means the extension by a public library
of its direct loan privileges to the eligible borrowers of all other
public libraries.
   SEC. 18.    Section 18720 of the   Education
Code   is amended to read: 
   18720.   (a)    There is hereby established in
the state government the California Library Services Board, to
consist of 13 members. The Governor shall appoint nine members of the
 state  board. Three of the Governor's appointments
shall be representative of laypersons, one of whom shall represent
 the handicapped   people with disabilities
 , one  representing   of whom shall
represent  limited- and non-English-speaking persons, and one
 representing   of whom shall represent 
economically disadvantaged persons. 
    The 
    (b)     The  Governor shall also
appoint six members of the board, each of whom shall represent one of
the following categories: school libraries, libraries for
institutionalized persons, public library trustees or commissioners,
public libraries, special libraries, and academic libraries. 

    The 
    (c)     The Legislature shall appoint
the remaining four public members from persons who are not
representative of categories mentioned in this section. Two shall be
appointed by the Senate Rules Committee and two shall be appointed by
the Speaker of the Assembly. 
    The 
    (d)     The  terms of office of
members of the  state  board shall be for four years
and shall begin on January 1 of the year in which the respective
terms are to start.
   SEC. 19.    Section 19323 of the   Education
Code   is amended to read: 
   19323.  The State Librarian shall make available on a loan basis
to legally blind persons, or to persons who are visually or
physically handicapped to such an extent that they are unable to read
  with a disability that prevents them   from
reading  conventional printed materials, in the state tape
recordings of books and other related materials. The tape recordings
shall be selected by the State Library on the same basis as the State
Library's general program for providing library materials to legally
blind readers.
   SEC. 20.    Section 35316 of the   Education
Code   is amended to read: 
   35316.  An applicant for a loan from the fund shall make
application therefor in accordance with reasonable rules and
regulations established by the governing board of the school
district, provided that  such   the  rules
and regulations shall not include any conditions limiting eligibility
on account of  race, creed, or country of origin 
 the characteristics listed in Section 220  .
   SEC. 21.    Section 35351 of the   Education
Code   is amended to read: 
   35351.  No public school  student shall, because of his
race, creed, or color,   pupil shall  be assigned
to or be required to attend a particular school  because of the
characteristics listed in Section 220  .
   SEC. 22.    Section 39830 of the   Education
Code   is amended to read: 
   39830.  A schoolbus is any motor vehicle designed, used, or
maintained for the transportation of  any   a
 school pupil at or below the  12th  grade 
12  level to or from a public or private school or to or from
public or private school activities, except the following:
   (a) A motor vehicle of any type carrying only members of the
household of its owner.
   (b) A motortruck transporting pupils who are seated only in the
passenger compartment, and a passenger vehicle designed for and when
actually carrying not more than 10 persons, including the driver,
except any vehicle or truck transporting two or more 
handicapped  pupils  confined to   who
use  wheelchairs.
   (c) A motor vehicle operated by a common carrier, or by and under
exclusive jurisdiction of a publicly owned or operated transit
system, only during the time it is on a scheduled run and is
available to the general public or on a run scheduled in response to
a request from a  handicapped  pupil 
confined to   who uses  a wheelchair, or from a
parent of the  handicapped  pupil, for
transportation to or from nonschool activities. However, the motor
vehicle is designed for and actually carries not more than 16 persons
and the driver, is available to eligible persons of the general
public, and the school does not provide the requested transportation
service.
   (d) A school pupil activity bus as defined in Section 39830.1.
   (e) A motor vehicle operated by a carrier licensed by the
Interstate Commerce Commission that is transporting pupils on a
school activity entering or returning to the state from another state
or country.
   (f) A state-owned motor vehicle being operated by a state employee
upon the driveways, paths, parking facilities, or grounds specified
in Section 21113 of the Vehicle Code that are under the control of a
state hospital under the jurisdiction of the State Department of
Developmental Services where the posted speed limit is not more than
20 miles per hour. The motor vehicle may also be operated for a
distance of not more than one-quarter mile upon a public street or
highway that runs through the grounds of a state hospital under the
jurisdiction of the State Department of Developmental Services, if
the posted speed limit on the public street or highway is not more
than 25 miles per hour and if all traffic is regulated by posted stop
signs or official traffic control signals at the points of entry and
exit by the motor vehicle.
   SEC. 23.    Section 44253.2 of the  
Education Code   is amended to read: 
   44253.2.  For  the  purposes of this chapter, the
following terms shall have the following meanings, unless the
context otherwise requires:
   (a) "Instruction for English language development" means
instruction designed specifically for limited-English-proficient
pupils to develop their listening, speaking, reading, and writing
skills in English.
   (b) "Specially designed content instruction delivered in English"
means instruction in a subject area, delivered in English, that is
specially designed to meet the needs of limited-English-proficient
pupils.
   (c) "Content instruction delivered in the primary language" means
instruction in a subject area delivered in the primary language of
the pupil.
   (d) "Instruction for primary language development" means
instruction designed to develop a pupil's listening, speaking,
reading, and writing skills in the primary language of the pupil.
   (e) "Culture and cultural diversity" means an understanding of
human relations, including the following:
   (1) The nature and content of culture.
   (2) Cross cultural contact and interactions.
   (3) Cultural diversity in the United States and California.
   (4) Approaches to providing instruction responsive to the
diversity of the  student   pupil 
population.
   (5) Recognizing and responding to behavior related to bias based
on  race, color, religion, nationality, country of origin,
ancestry, gender, disability, or sexual orientation  
the characteristics listed in Section 220  .
   (6) Techniques for the peaceful resolution of conflict.
   SEC. 24.    Section 44253.3 of the  
Education Code   is amended to read: 
   44253.3.  (a) The commission shall issue a certificate that
authorizes the holder to provide all of the following services to
limited-English-proficient pupils:
   (1) Instruction for English language development in preschool,
kindergarten, grades 1 to 12, inclusive, and classes organized
primarily for adults, except when the requirement specified in
paragraph (1) of subdivision (b) of Section 44253.3 is satisfied by
the possession of a children's center instructional permit pursuant
to Sections 8363 and 44252.7, a children's center supervision permit
pursuant to Section 8363, or a designated subjects teaching
credential in adult education pursuant to Section 44260.2. If the
requirement specified in paragraph (1) of subdivision (b) of Section
44253.3 is satisfied by the possession of a children's center
instructional permit, or a children's center supervision permit,
instruction for English language development is limited to the
programs authorized by that permit. If the requirement specified in
paragraph (1) of subdivision (b) of Section 44253.3 is satisfied by
the possession of a designated subjects teaching credential in adult
education, instruction for English language development is limited to
classes organized primarily for adults.
   (2) Specially designed content instruction delivered in English in
the subjects and at the levels authorized by the teacher's
prerequisite credential or permit used to satisfy the requirement
specified in paragraph (1) of subdivision (b) of Section 44253.3.
   (b) The minimum requirements for the certificate shall include all
of the following:
   (1) Possession of a valid California teaching credential, services
credential, children's center instructional permit, or children's
center supervision permit which credential or permit authorizes the
holder to provide instruction to pupils in preschool, kindergarten,
any of grades 1 to 12, inclusive, or classes primarily organized for
adults, except for any of the following:
   (A) Emergency credentials or permits.
   (B) Exchange credentials as specified in Section 44333.
   (C) District intern credentials as specified in Section 44325.
   (D) Sojourn certificated employee credentials as specified in
Section 44856.
   (E) Teacher education internship credentials as specified in
Article 3 (commencing with Section 44450) of Chapter 3.
   (2) Passage of one or more examinations that the commission
determines are necessary for demonstrating the knowledge and skills
required for effective delivery of the services authorized by the
certificate.
   (3) Completion of at least six semester units, or nine quarter
units, of coursework in a second language at a regionally accredited
institution of postsecondary education. The commission shall
establish minimum standards for scholarship in the required
coursework. The commission shall also establish alternative ways in
which the requirement can be satisfied by language-learning
experience that creates an awareness of the challenges of
second-language acquisition and development.
   (c) Completion of coursework in human relations in accordance with
the commission's standards of program quality and effectiveness that
includes, at a minimum, instruction in the following:
   (1) The nature and content of culture.
   (2) Crosscultural contact and interactions.
   (3) Cultural diversity in the United States and California.
   (4) Providing instruction responsive to the diversity of the pupil
population.
   (5) Recognizing and responding to behavior related to bias based
on  race, color, religion, nationality, country of origin,
ancestry, gender, disability, or sexual orientation  
the characteristics listed in Section 220  .
   (6) Techniques for the peaceful resolution of conflict.
   (d) The commission shall establish alternative requirements for a
teacher to earn the certificate, which shall be awarded as a
supplementary authorization pursuant to subdivision (e) of Section
44225.
   (e) A teacher who possesses a credential or permit described in
paragraph (1) of subdivision (b) and is able to present a valid
out-of-state credential or certificate that authorizes the
instruction of English language learners may qualify for the
certificate issued under this section by submitting an application
and fee to the commission.
   (f) The certificate shall remain valid as long as the prerequisite
credential or permit specified in paragraph (1) of subdivision (b)
remains valid.
   SEC. 25.    Section 44866 of the   Education
Code   is amended to read: 
   44866.  The qualifications of a home instructor of
physically handicapped  pupils  with physical
disabilities  shall be a valid teaching credential or a
credential authorizing the teaching of exceptional children in an
area of specialized preparation issued by the State Board  of
Education  , or the Commission  for Teacher
Preparation and Licensing   on Teacher Credentialing
 .
   SEC. 26.    Section 46192 of the   Education
Code   is amended to read: 
   46192.  Each clock hour of teaching time devoted to the individual
instruction of  physically handicapped  adults 
with physical disabilities  who are patients in a tuberculosis
ward or hospital maintained by one or more counties shall count as
one day of attendance but no such adult shall be credited with more
than one day of attendance in any calendar day.
   SEC. 27.    Section 47605 of the   Education
Code   is amended to read: 
   47605.  (a) (1) Except as set forth in paragraph (2), a petition
for the establishment of a charter school within any school district
may be circulated by any one or more persons seeking to establish the
charter school. A petition for the establishment of a charter school
shall identify a single charter school that will operate within the
geographic boundaries of that school district. A charter school may
propose to operate at multiple sites within the school district, as
long as each location is identified in the charter school petition.
The petition may be submitted to the governing board of the school
district for review after either of the following conditions are met:

   (A) The petition has been signed by a number of parents or 
legal  guardians of pupils that is equivalent to at least
one-half of the number of pupils that the charter school estimates
will enroll in the school for its first year of operation.
   (B) The petition has been signed by a number of teachers that is
equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its
first year of operation.
   (2) A petition that proposes to convert an existing public school
to a charter school that would not be eligible for a loan pursuant to
subdivision (b) of Section 41365 may be circulated by any one or
more persons seeking to establish the charter school. The petition
may be submitted to the governing board of the school district for
review after the petition has been signed by not less than 50 percent
of the permanent status teachers currently employed at the public
school to be converted.
   (3) A petition shall include a prominent statement that a
signature on the petition means that the parent or  legal 
guardian is meaningfully interested in having his or her child, or
ward, attend the charter school, or in the case of a teacher's
signature, means that the teacher is meaningfully interested in
teaching at the charter school. The proposed charter shall be
attached to the petition.
   (4) After receiving approval of its petition, a charter school
that proposes to establish operations at one or more additional sites
shall request a material revision to its charter and shall notify
the authority that granted its charter of those additional locations.
The authority that granted its charter shall consider whether to
approve those additional locations at an open, public meeting. If the
additional locations are approved, they shall be a material revision
to the charter school's charter.
   (5) Notwithstanding subdivision (a), a charter school that is
unable to locate within the jurisdiction of the chartering school
district may establish one site outside
             the boundaries of the school district, but within the
county within which that school district is located, if the school
district within whose jurisdiction the charter school proposes to
operate is notified in advance of the charter petition approval, the
county superintendent of schools and the Superintendent are notified
of the location of the charter school before it commences operations,
and either of the following circumstances exist:
   (A) The school has attempted to locate a single site or facility
to house the entire program, but a site or facility is unavailable in
the area in which the school chooses to locate.
   (B) The site is needed for temporary use during a construction or
expansion project.
   (6) Commencing January 1, 2003, a petition to establish a charter
school may not be approved to serve pupils in a grade level that is
not served by the school district of the governing board considering
the petition, unless the petition proposes to serve pupils in all of
the grade levels served by that school district.
   (b) No later than 30 days after receiving a petition, in
accordance with subdivision (a), the governing board of the school
district shall hold a public hearing on the provisions of the
charter, at which time the governing board of the school district
shall consider the level of support for the petition by teachers
employed by the district, other employees of the district, and
parents. Following review of the petition and the public hearing, the
governing board of the school district shall either grant or deny
the charter within 60 days of receipt of the petition, provided,
however, that the date may be extended by an additional 30 days if
both parties agree to the extension. In reviewing petitions for the
establishment of charter schools pursuant to this section, the
chartering authority shall be guided by the intent of the Legislature
that charter schools are and should become an integral part of the
California educational system and that establishment of charter
schools should be encouraged.  A school district 
 The  governing board  of the school district 
shall grant a charter for the operation of a school under this part
if it is satisfied that granting the charter is consistent with sound
educational practice. The governing board of the school district
shall not deny a petition for the establishment of a charter school
unless it makes written factual findings, specific to the particular
petition, setting forth specific facts to support one or more of the
following findings:
   (1) The charter school presents an unsound educational program for
the pupils to be enrolled in the charter school.
   (2) The petitioners are demonstrably unlikely to successfully
implement the program set forth in the petition.
   (3) The petition does not contain the number of signatures
required by subdivision (a).
   (4) The petition does not contain an affirmation of each of the
conditions described in subdivision (d).
   (5) The petition does not contain reasonably comprehensive
descriptions of all of the following:
   (A) (i) A description of the educational program of the school,
designed, among other things, to identify those whom the school is
attempting to educate, what it means to be an "educated person" in
the 21st century, and how learning best occurs. The goals identified
in that program shall include the objective of enabling pupils to
become self-motivated, competent, and lifelong learners.
   (ii) If the proposed school will serve high school pupils, a
description of the manner in which the charter school will inform
parents about the transferability of courses to other public high
schools and the eligibility of courses to meet college entrance
requirements. Courses offered by the charter school that are
accredited by the Western Association of Schools and Colleges may be
considered transferable and courses approved by the University of
California or the California State University as creditable under the
"A" to "G" admissions criteria may be considered to meet college
entrance requirements.
   (B) The measurable pupil outcomes identified for use by the
charter school. "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and attitudes specified as goals
in the school's educational program.
   (C) The method by which pupil progress in meeting those pupil
outcomes is to be measured.
   (D) The governance structure of the school, including, but not
limited to, the process to be followed by the school to ensure
parental involvement.
   (E) The qualifications to be met by individuals to be employed by
the school.
   (F) The procedures that the school will follow to ensure the
health and safety of pupils and staff. These procedures shall include
the requirement that each employee of the school furnish the school
with a criminal record summary as described in Section 44237.
   (G) The means by which the school will achieve a racial and ethnic
balance among its pupils that is reflective of the general
population residing within the territorial jurisdiction of the school
district to which the charter petition is submitted.
   (H) Admission requirements, if applicable.
   (I) The manner in which annual, independent, financial audits
shall be conducted, which shall employ generally accepted accounting
principles, and the manner in which audit exceptions and deficiencies
shall be resolved to the satisfaction of the chartering authority.
   (J) The procedures by which pupils can be suspended or expelled.
   (K) The manner by which staff members of the charter schools will
be covered by the State Teachers' Retirement System, the Public
Employees' Retirement System, or federal social security.
   (L) The public school attendance alternatives for pupils residing
within the school district who choose not to attend charter schools.
   (M) A description of the rights of any employee of the school
district upon leaving the employment of the school district to work
in a charter school, and of any rights of return to the school
district after employment at a charter school.
   (N) The procedures to be followed by the charter school and the
entity granting the charter to resolve disputes relating to
provisions of the charter.
   (O) A declaration whether or not the charter school shall be
deemed the exclusive public school employer of the employees of the
charter school for the purposes of the Educational Employment
Relations Act (Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code).
   (P) A description of the procedures to be used if the charter
school closes. The procedures shall ensure a final audit of the
school to determine the disposition of all assets and liabilities of
the charter school, including plans for disposing of any net assets
and for the maintenance and transfer of pupil records.
   (c) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Sections 60605 and
60851 and any other statewide standards authorized in statute or
pupil assessments applicable to pupils in noncharter public schools.
   (2) Charter schools shall, on a regular basis, consult with their
parents,  legal  guardians, and teachers regarding the
school's educational programs.
   (d) (1) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against any
pupil on the basis of  ethnicity, national origin, gender, or
disability   the characteristics listed in Section 220
 . Except as provided in paragraph (2), admission to a charter
school shall not be determined according to the place of residence of
the pupil, or of his or her parent or  legal  guardian,
within this state, except that any existing public school converting
partially or entirely to a charter school under this part shall adopt
and maintain a policy giving admission preference to pupils who
reside within the former attendance area of that public school.
   (2) (A) A charter school shall admit all pupils who wish to attend
the school.
   (B) However, if the number of pupils who wish to attend the
charter school exceeds the school's capacity, attendance, except for
existing pupils of the charter school, shall be determined by a
public random drawing. Preference shall be extended to pupils
currently attending the charter school and pupils who reside in the
district except as provided for in Section 47614.5. Other preferences
may be permitted by the chartering authority on an individual school
basis and only if consistent with the law.
   (C) In the event of a drawing, the chartering authority shall make
reasonable efforts to accommodate the growth of the charter school
and, in no event, shall take any action to impede the charter school
from expanding enrollment to meet pupil demand.
   (3) If a pupil is expelled or leaves the charter school without
graduating or completing the school year for any reason, the charter
school shall notify the superintendent of the school district of the
pupil's last known address within 30 days, and shall, upon request,
provide that school district with a copy of the cumulative record of
the pupil, including a transcript of grades or report card, and
health information. This paragraph applies only to pupils subject to
compulsory full-time education pursuant to Section 48200.
   (e) The governing board of a school district shall not require any
employee of the school district to be employed in a charter school.
   (f) The governing board of a school district shall not require any
pupil enrolled in the school district to attend a charter school.
   (g) The governing board of a school district shall require that
the petitioner or petitioners provide information regarding the
proposed operation and potential effects of the school, including,
but not limited to, the facilities to be utilized by the school, the
manner in which administrative services of the school are to be
provided, and potential civil liability effects, if any, upon the
school and upon the school district. The description of the
facilities to be used by the charter school shall specify where the
school intends to locate. The petitioner or petitioners shall also be
required to provide financial statements that include a proposed
first-year operational budget, including startup costs, and cashflow
and financial projections for the first three years of operation.
   (h) In reviewing petitions for the establishment of charter
schools within the school district, the  school district
 governing board  of the school district  shall
give preference to petitions that demonstrate the capability to
provide comprehensive learning experiences to pupils identified by
the petitioner or petitioners as academically low achieving pursuant
to the standards established by the department under Section 54032.
   (i) Upon the approval of the petition by the governing board of
the school district, the petitioner or petitioners shall provide
written notice of that approval, including a copy of the petition, to
the applicable county superintendent of schools, the department, and
the State Board  of Education  .
   (j) (1) If the governing board of a school district denies a
petition, the petitioner may elect to submit the petition for the
establishment of a charter school to the county board of education.
The county board of education shall review the petition pursuant to
subdivision (b). If the petitioner elects to submit a petition for
establishment of a charter school to the county board of education
and the county board of education denies the petition, the petitioner
may file a petition for establishment of a charter school with the
State Board  of Education  , and the  state
board   State Board  may approve the petition, in
accordance with subdivision (b). Any charter school that receives
approval of its petition from a county board of education or from the
State Board  of Education  on appeal shall be
subject to the same requirements concerning geographic location that
it would otherwise be subject to if it receives approval from the
entity to whom it originally submits its petition. A charter petition
that is submitted to either a county board of education or to the
State Board  of Education  shall meet all otherwise
applicable petition requirements, including the identification of the
proposed site or sites where the charter school will operate.
   (2) In assuming its role as a chartering agency, the State Board
 of Education  shall develop criteria to be used for
the review and approval of charter school petitions presented to the
State Board  of Education  . The criteria shall
address all elements required for charter approval, as identified in
subdivision (b) and shall define "reasonably comprehensive" as used
in paragraph (5) of subdivision (b) in a way that is consistent with
the intent of this part. Upon satisfactory completion of the
criteria, the State Board  of Education  shall adopt
the criteria on or before June 30, 2001.
   (3) A charter school for which a charter is granted by either the
county board of education or the State Board  of Education
 based on an appeal pursuant to this subdivision shall
qualify fully as a charter school for all funding and other purposes
of this part.
   (4) If either the county board of education or the State Board
 of Education  fails to act on a petition within 120
days of receipt, the decision of the governing board of the school
district, to deny a petition shall, thereafter, be subject to
judicial review.
   (5) The State Board  of Education  shall adopt
regulations implementing this subdivision.
   (6) Upon the approval of the petition by the county board of
education, the petitioner or petitioners shall provide written notice
of that approval, including a copy of the petition to the department
and the State Board  of Education  .
   (k) (1) The State Board  of Education  may, by
mutual agreement, designate its supervisorial and oversight
responsibilities for a charter school approved by the State Board
 of Education  to any local education agency in the
county in which the charter school is located or to the governing
board of the school district that first denied the petition.
   (2) The designated local education agency shall have all
monitoring and supervising authority of a chartering agency,
including, but not limited to, powers and duties set forth in Section
47607, except the power of revocation, which shall remain with the
State Board  of Education  .
   (3) A charter school that has been granted its charter through an
appeal to the State Board  of Education  and elects
to seek renewal of its charter shall, prior to expiration of the
charter, submit its petition for renewal to the governing board of
the school district that initially denied the charter. If the
governing board of the school district denies the school's petition
for renewal, the school may petition the State Board  of
Education  for renewal of its charter.
   () Teachers in charter schools shall hold a Commission on Teacher
Credentialing certificate, permit, or other document equivalent to
that which a teacher in other public schools would be required to
hold. These documents shall be maintained on file at the charter
school and are subject to periodic inspection by the chartering
authority. It is the intent of the Legislature that charter schools
be given flexibility with regard to noncore, noncollege preparatory
courses.
   (m) A charter school shall transmit a copy of its annual,
independent, financial audit report for the preceding fiscal year, as
described in subparagraph (I) of paragraph (5) of subdivision (b),
to its chartering entity, the Controller, the county superintendent
of schools of the county in which the charter school is sited, unless
the county board of education of the county in which the charter
school is sited is the chartering entity, and the department by
December 15 of each year. This subdivision does not apply if the
audit of the charter school is encompassed in the audit of the
chartering entity pursuant to Section 41020.
   SEC. 28.    Section 51004 of the   Education
Code   is amended to read: 
   51004.  The Legislature hereby recognizes that it is the policy of
the people of the State of California to provide an educational
opportunity to the end that every  student  
pupil  leaving school shall have the opportunity to be prepared
to enter the world of work; that every  student 
 pupil  who graduates from any state-supported educational
institution should have sufficient marketable skills for legitimate
remunerative employment; that every qualified and eligible adult
citizen shall be afforded an educational opportunity to become
suitably employed in some remunerative field of employment; and that
 such   these  opportunities are a right to
be enjoyed without regard to  race, creed, color, national
origin, sex, or economic status   the characteristics
listed in Section 220  .
   The Legislature further recognizes that all  students
  pupils  need to be provided with opportunities to
explore and make career choices and to seek appropriate instruction
and training to support those choices. The Legislature therefore
finds that fairs as community resource and youth leadership
activities are integral to assisting and guiding  students
  pupils  in making  such  choices
and therefore encourage the further expansion of cooperative
activities between schools, youth leadership activities, and
community resources. Among community resources of particular
significance in providing information on various career opportunities
are vocational and occupational exhibits, demonstrations and
activities conducted at fairs.
   SEC. 15.   SEC. 29.   Section 51500 of
the Education Code is amended to read:
   51500.  No teacher shall give instruction nor shall a school
district sponsor any activity that reflects adversely upon persons
because of a characteristic listed in Section 220.
   SEC. 16.   SEC. 30.   Section 51501 of
the Education Code is amended to read:
   51501.  No textbook  ,  or other instructional
materials shall be adopted by the state board or by any governing
board for use in the public schools that contains any matter
reflecting adversely upon persons because of a characteristic listed
in Section 220.
   SEC. 31.    Section 51802 of the   Education
Code   is amended to read: 
   51802.   (a)    The governing board of 
any   a  school district maintaining a home
teaching program, or providing home instruction as authorized by law
for pupils  afflicted with any form of handicap 
 with disabilities  , may provide  such 
home teaching or instruction on Saturday.
    (b)    No pupil shall be required to attend
upon a home teaching program or home instruction on Saturday without
the consent of his  or her  parent or  legal 
guardian.
   SEC. 17.   SEC. 32.   Section 60044 of
the Education Code is amended to read:
   60044.  No instructional materials shall be adopted by any
governing board for use in the schools that, in its determination,
contains:
   (a) Any matter reflecting adversely upon persons because of a
characteristic listed in Section 220.
   (b) Any sectarian or denominational doctrine or propaganda
contrary to law.
   SEC. 33.    Section 60800 of the   Education
Code   is amended to read: 
   60800.  (a) During the month of February, March, April, or May,
the governing board of each school district maintaining any of grades
5, 7, and 9 shall administer to each pupil in those grades the
physical performance test designated by the State Board  of
Education  . Each  physically handicapped 
pupil  with a physical disability  and each pupil who is
physically unable to take all of the physical performance test shall
be given as much of the test as his or her condition will permit.
   (b) Upon request of the  State Department of Education
  department  , a school district shall submit to
the department, at least once every two years, the results of its
physical performance testing.
   (c) The  State Department of Education  
department  shall compile the results of the physical
performance test and submit a report every two years, by December 31,
to the Legislature and Governor that standardizes the data, tracks
the development of high-quality fitness programs, and compares the
performance of California's pupils with national performance, to the
extent that funding is available.
   (d) Pupils shall be provided with their individual results after
completing the physical performance testing. The test results may be
provided orally as the pupil completes the testing.
   (e) The governing board of a school district shall report the
aggregate results of its physical performance testing administered
pursuant to this section in their annual school accountability report
card required by Sections 33126 and 35256.
   SEC. 34.    Secti   on 66030 of the 
 Education Code   is amended to read: 
   66030.  (a) It is the intent of the Legislature that public higher
education in California strive to provide educationally equitable
environments  which   that  give each
Californian, regardless of  ethnic origin, race, gender, age,
disability, or economic circumstance   the
characteristics listed in Section 66270  , a reasonable
opportunity to develop fully his or her potential.
   (b) It is the responsibility of the governing boards of
institutions of higher education to ensure and maintain multicultural
learning environments free from all forms of discrimination and
harassment, in accordance with state and federal law.
   SEC. 35.    Section 66210 of the   Education
Code   is amended to read: 
   66210.  (a) The Office of Emergency Services shall develop
guidelines for campuses of the University of California and the
California State University to use in developing emergency evacuation
plans for all forms of student housing owned, operated, and offered
by the university, both on campus and off campus. In developing the
guidelines, the Office of Emergency Services shall consider Sections
3.09 and 3.13 of Title 19 of the California Code of Regulations. The
guidelines shall address all of the following issues:
   (1) Plan content. The plans should include, but need not be
limited to, the following:
   (A) Specific evacuation routes that recognize the needs of persons
with special needs, such as  handicapped  persons
 with disabilities  .
   (B) The designation of a meeting place or places upon evacuation.
   (C) The education of students and staff in emergency procedures.
   (2) The implementation and maintenance of the evacuation plan by
the Director of Student Housing, or other appropriate officer, at the
individual campuses. The director, or other appropriate officer, is
responsible for scheduling periodic tests of the plan and
implementing changes as needed.
   (b) Each campus of the University of California and the California
State University shall establish an emergency evacuation plan for
its postsecondary student housing and may consult with the Office of
Emergency Services for guidance in developing and establishing the
plan.
   SEC. 18.   SEC. 36.   Section 66250 of
the Education Code is amended to read:
   66250.  This chapter shall be known, and may be cited, as the
Equity in Higher Education Act.
   SEC. 19.   SEC. 37.   Section 66251 of
the Education Code is amended to read:
   66251.  It is the policy of the State of California to afford all
persons, regardless of disability, gender, nationality, race or
ethnicity, religion, sexual orientation, or any other  any
 basis that is contained in the prohibition of hate crimes
set forth in subdivision (a) of Section 422.6 of the Penal Code,
equal rights and opportunities in the postsecondary institutions of
the state. The purpose of this chapter is to prohibit acts that are
contrary to that policy and to provide remedies therefor.
   SEC. 20.  SEC. 38.   Section 66260.5 is
added to the Education Code, to read:
   66260.5.  "Disability" includes mental and physical disability.
   SEC. 21.   SEC. 39.   Section 66260.7 is
added to the Education Code, to read:
   66260.7.  "Gender" means sex, and includes a person's gender
identity and gender related appearance and behavior whether or not
stereotypically associated with the person's assigned sex at birth.
   SEC. 22.   SEC. 40.   Section 66261.5 is
added to the Education Code, to read:
   66261.5.  "Nationality" includes citizenship, country of origin,
and national origin.
   SEC. 23.   SEC. 41.   Section 66261.7 is
added to the Education Code, to read:
   66261.7.  "Race or ethnicity" includes ancestry, color, and ethnic
background.
   SEC. 24.   SEC. 42.   Section 66262 of
the Education Code is repealed.
   SEC. 25.   SEC. 43.   Section 66262 is
added to the Education Code, to read:
   66262.  "Religion" includes all aspects of religious belief,
observance, and practice and includes agnosticism and atheism.
   SEC. 26.   SEC. 44.   Section 66262.7 is
added to the Education Code, to read:
   66262.7.  "Sexual orientation" means heterosexuality,
homosexuality, or bisexuality.
   SEC. 27.   SEC. 45.   Section 66269 is
added to the Education Code, to read:
   66269.  Disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or any other characteristic contained
in the definition of hate crimes set forth in Section 422.55 of the
Penal Code 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.
   SEC. 28.   SEC. 46.   Section 66270 of
the Education Code is amended to read:
   66270.  No person shall be subjected to discrimination on the
basis of disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or any other characteristic that is
contained in the prohibition of hate crimes set forth in subdivision
(a) of Section 422.6 of the Penal Code in any program or activity
conducted by any postsecondary educational institution that receives,
or benefits from, state financial assistance or enrolls students who
receive state student financial aid.
   SEC. 47.    Section 66270.5 of the  
Education Code   is amended and renumbered to read: 
    66270.5.   66271.   This chapter shall
not apply to an educational institution that is controlled by a
religious organization if the application would not be consistent
with the religious tenets of that organization.
   SEC. 48.    Section 66292 of the   Education
Code   is amended to read: 
   66292.  (a) The governing board of a community college district
shall have the primary responsibility for ensuring that community
college district programs and activities are free from discrimination
based on  ethnic group identification, religion, age, sex,
color, or physical or mental disability   the
characteristics listed in Section 66270  .
   (b) The Chancellor's office of the California Community Colleges
shall have responsibility for monitoring the compliance of each
district with any and all regulations adopted pursuant to Section
11138 of the Government Code.
   SEC. 49.    Section 66292.1 of the  
Education Code   is amended to read: 
   66292.1.  The Chancellor of the California State University and
the president of each California State University campus shall have
the primary responsibility for ensuring that campus programs and
activities are free from discrimination based on  ethnic
group identification, religion, age, sex, color, or physical or
mental disability   the charac   teristics
listed in Section 66270  .
   SEC. 50.    Section 66292.2 of the  
Education Code   is amended to read: 
   66292.2.  The President of the University of California and the
chancellor of each University of California campus shall have primary
responsibility for ensuring that campus programs and activities are
free from discrimination based on  ethnic group
identification, religion, age, sex, color, or physical or mental
disability   the characteristics listed in Section 66270
 .
   SEC. 51.    Section 69535 of the   Education
Code   is amended to read: 
   69535.  (a) Cal Grant Program awards shall be based upon the
financial need of the applicant. The level of financial need of each
applicant shall be determined by the commission pursuant to Article
1.5 (commencing with Section 69503).
   (b) For the applicants so qualifying, academic criteria or
criteria related to past performances shall be utilized as the
criteria in determining eligibility for grants.
   (c) All Cal Grant Program award recipients shall be residents of
California, as determined by the commission pursuant to Part 41
(commencing with Section 68000), and shall remain eligible only if
they are in attendance and making satisfactory progress through the
instructional programs, as determined by the commission.
   (d) Part-time students shall not be discriminated against in the
selection of Cal Grant Program award recipients, and awards to
part-time students shall be roughly proportional to the time spent in
the instructional program, as determined by the commission.
First-time Cal Grant Program award recipients who are part-time
students shall be eligible for a full-time renewal award.
   (e) Cal Grant Program awards shall be awarded without regard to
 race, religion, creed, sex, or age   the
characteristics listed in Section 66270  .
   (f) No applicant shall receive more than one type of Cal Grant
Program award concurrently. Except as provided in subdivisions (b)
and (c) of Section 69535.1, no applicant shall:
   (1) Receive one or a combination of Cal Grant Program awards in
excess of a total of four years of full-time attendance in an
undergraduate program.
   (2) Have obtained a baccalaureate degree prior to receiving a Cal
Grant Program award, except as provided in Section 69540.
   (g) Cal Grant Program awards, except as provided in subdivision
(c) of Section 69535.1, may only be used for educational expenses of
a program of study leading directly to an undergraduate degree or
certificate, or for expenses of undergraduate coursework in a program
of study leading directly to a first professional degree, but for
which no baccalaureate degree is awarded.
   (h) Commencing in 1999, the commission shall, for students who
accelerate college attendance, increase the amount of award
proportional to the period of additional attendance resulting from
attendance in classes that fulfill requirements or electives for
graduation during summer terms, sessions, or quarters. In the
aggregate, the total amount a student may receive in a four-year
period may not be increased as a result of accelerating his or her
progress to a degree by attending summer terms, sessions, or
quarters.
   (i) The commission shall notify Cal Grant award recipients of the
availability of funding for the summer term, session, or quarter
through prominent notice in financial aid award letters, materials,
guides, electronic information, and other means that may include, but
not be limited to, surveys, newspaper articles, or attachments to
communications from the commission and any other published documents.

   (j) The commission may provide by appropriate rules and
regulations for reports, accounting, and statements from the award
winner and college or university of attendance pertaining to the use
or application of the award as the commission may deem proper.
   (k) The commission may establish Cal Grant Program awards in one
hundred dollar ($100) increments.
   () A Cal Grant Program award may be utilized only at the following
institutions or programs:
   (1) Any California private or independent postsecondary
educational institution or program that participates in two of the
three federal campus-based student aid programs and whose students
participate in the Pell Grant program.
   (2) Any nonprofit regionally accredited institution headquartered
and operating in California that certifies to the commission that 10
percent of the institution's operating budget, as demonstrated in an
audited financial statement, is expended for the purposes of
institutionally funded student financial aid in the form of grants
and that demonstrates to the commission that it has the
administrative capacity to administer the funds.
   (3) Any California public postsecondary educational institution or
program.
   SEC. 52.    Section 72011 of the   Education
Code   is amended to read: 
   72011.  Every community college district shall provide access to
its services, classes, and programs without regard to  race,
religious creed, color, national origin, ancestry, handicap, or sex
  the characteristics listed in Section 66270  .
   SEC. 53.    Section 72012 of the   Education
Code   is amended to read: 
   72012.  Every community college shall comply with 
Sections 221.5, 221.7, and   Section  66016, 
the Equity in Higher Education Act as set forth in Chapter 4.5
(commencing with Section 66250) of Part 40 of Division 5, and other
applicable laws  relating to  sex 
discrimination.
   SEC. 54.    Section 72013 of the   Education
Code   is repealed.  
   72013.  With respect to access to community college district
services, classes, and programs, and with respect to all references
within this division, "handicap" and "disability" shall have the same
meaning. 
   SEC. 55.    Section 72014 of the   Education
Code   is amended to read: 
   72014.  No funds under the control of a community college district
shall ever be used for membership or for any participation involving
a financial payment or contribution, on behalf of the district or
any individual employed by or associated therewith, in any private
organization whose membership practices are discriminatory on the
basis of  race, creed, color, sex, religion, or national
origin   the characteristics listed in Section 66270
 . This section does not apply to any public funds 
which   that  have been paid to an individual
officer or employee of the district as salary, or to any funds
 which   that  are used directly or
indirectly for the benefit of student organizations.
   SEC. 56.    Section 82305.6 of the  
Education Code   is amended to read: 
   82305.6.  When the governing board of a community college district
provides for the transportation of students to and from community
colleges, the governing board of the district may require the parents
and  legal  guardians of all or some of the students
transported, to pay a portion of the cost of  such 
 the  transportation in an amount determined by the
governing board. The amount determined by the board shall be no
greater than that paid for transportation on a common carrier or
municipally owned transit system by other students in the district
who do not use the transportation provided by the district. The
governing board shall exempt from the charges students of parents and
 legal  guardians who are indigent as set forth in rules
and regulations adopted by the board. No charge under this section
shall be made for the transportation of  handicapped
 students  with disabilities  . Nothing in this
section shall be construed to sanction, perpetuate, or promote the
racial or ethnic segregation of students in the community colleges.
   SEC. 57.    Section 89   757 of the 
 Education Code   is amended to read: 
   89757.  None of the funds enumerated in Section 89756, nor any of
the funds of an auxiliary organization, shall ever be used by any
university or college for membership or for any participation
involving a financial payment or contribution, on behalf of the
institution, or any individual employed by or associated therewith,
in any private organization whose membership practices are
discriminatory on the basis of  race, creed, color, sex,
religion, or national origin   the characteristics
listed in Section 66270  . This section does not apply to any
public funds  which   that  have been paid
to an individual employee or officer as salary, or to any funds
 which   that  are used directly or
indirectly for the benefit of student organizations.
   SEC. 58.    Section 92150 of the   Education
Code   is amended to read: 
   92150.  No state funds under the control of an officer or employee
of the University of California shall ever be used for membership or
for any participation involving a financial payment or contribution,
on behalf of the university, or any individual employed by or
associated therewith, in any private organization whose membership
practices are discriminatory on the basis of  race, creed,
color, sex, religion, or national origin   the
characteristics listed in Section 66270  . This section does not
apply to any public funds  which   that 
have been paid to an individual employee or officer of the university
as salary, or to any funds  which   that 
are used directly or indirectly for the benefit of student
organizations.
   SEC. 59.    Section 94600 of the   Education
Code   is amended to read: 
   94600.  (a) The Office of Emergency Services shall develop
guidelines for private colleges and universities to use in developing
emergency evacuation plans for all forms of student housing owned,
operated, and offered by private colleges and universities, both on
campus and off campus. In developing the guidelines, the Office of
Emergency Services shall consider Sections 3.09 and 3.13 of Title 19
of the California Code of Regulations. The guidelines shall address
all of the following issues:
   (1) Plan content. The plans should include, but need not be
limited to, the following:
   (A) Specific evacuation routes that recognize the needs of persons
with special needs, such as  handicapped  persons
 with disabilities  .
   (B) The designation of a meeting place or places upon evacuation.
   (C) The education of students and staff in emergency procedures.
   (2) The implementation and maintenance of the evacuation plan by
the Director of Student Housing, or other appropriate officer, at
individual campuses. The director, or other appropriate officer, is
responsible for scheduling periodic tests of the plan and
implementing changes as needed.
   (b) Each private college or university shall establish an
emergency evacuation plan for its postsecondary student housing and
may consult with the Office of Emergency Services for guidance in
developing and establishing the plan.