2013 -- S 0012

=======

LC00315

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO EDUCATION - OFFENSES PERTAINING TO SCHOOLS

     Introduced By: Senators Gallo, Lombardi, Lynch, and DaPonte

     Date Introduced: January 16, 2013

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 16-38-1.1 of the General Laws in Chapter 16-38 entitled "Offenses

1-2

Pertaining to Schools" is hereby amended to read as follows:

1-3

     16-38-1.1. Discrimination because of sex. -- (a) (1) Discrimination on the basis of sex is

1-4

prohibited in all public elementary and secondary schools in the state and in all schools operated

1-5

by the board of regents for elementary and secondary education. This prohibition shall apply to

1-6

employment practices, admissions, curricular programs, extracurricular activities including

1-7

athletics, counseling, and any and all other school functions and activities.

1-8

      (2) Notwithstanding this prohibition, schools may do the following:

1-9

      (i) Maintain separate restrooms, dressing, and shower facilities for males and females;

1-10

      (ii) Conduct separate human sexuality classes for male and female students; and

1-11

      (iii) Prohibit female participation in all contact sports provided that equal athletic

1-12

opportunities which effectively accommodate the interests and abilities of both sexes are made

1-13

available.

1-14

     (iv) Provide activities for students of one sex, including, but not limited to, father-

1-15

daughter/mother-son activities, but if such activities are provided for students of one sex,

1-16

opportunities for reasonably comparable activities shall be provided for students of the other sex.

1-17

      (3) Each local education agency shall designate an equal opportunity officer who shall be

1-18

responsible for overseeing compliance with this section within the local education agency district.

1-19

      (4) The board of regents shall designate an equal opportunity officer who shall be

1-20

responsible for overseeing compliance with this section within schools operated by the board.

2-1

      (5) The commissioner of elementary and secondary education shall be responsible for

2-2

enforcing this section and is empowered to promulgate rules and regulations to enforce the

2-3

provisions of this section.

2-4

      (b) (1) Discrimination on the basis of sex is prohibited in all public colleges, community

2-5

colleges, universities, and all other public institutions of higher learning in the state which are

2-6

operated by the board of governors for higher education. This prohibition shall apply to

2-7

employment, recruitment, and hiring practices, employment benefits, admissions, curricular

2-8

programs, extracurricular activities including athletics, counseling, financial aid including athletic

2-9

grants-in-aid, student medical, hospital, and accident or life insurance benefits, facilities, housing,

2-10

rules and regulations, research, and any and all other school functions and activities.

2-11

      (2) Notwithstanding these prohibitions, schools may do the following:

2-12

      (i) Maintain separate but comparable restrooms, dressing, and shower facilities for males

2-13

and females, including reasonable use of staff of the same sex as the users of these facilities;

2-14

      (ii) Provide separate teams for contact sports or for sports where selection for teams is

2-15

based on competitive skills, provided that equal athletic opportunities which effectively

2-16

accommodate the interests and abilities of both sexes are made available;

2-17

      (iii) Maintain separate housing for men and women, provided that housing for students

2-18

of both sexes is as a whole both proportionate in quantity to the number of students of that sex

2-19

that apply for housing and comparable in quality and cost to the student; and

2-20

      (iv) Permit the establishment and operation of university based social fraternities and

2-21

sororities.

2-22

      (3) Each individual educational institution of higher learning shall designate an equal

2-23

opportunity officer or affirmative action officer who shall be responsible for overseeing

2-24

compliance with this section within the educational institution.

2-25

      (4) The president of each public college, community college, university, and other public

2-26

institution of higher learning in the state shall be responsible for enforcing this section and is

2-27

empowered to promulgate rules and regulations to enforce the provisions of this section.

2-28

     SECTION 2. This act shall take effect upon passage.

=======

LC00315

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - OFFENSES PERTAINING TO SCHOOLS

***

3-1

     This act would permit schools to provide activities for students of one sex (for example

3-2

father-daughter/mother-son activities) provided that reasonably comparable activities are

3-3

provided for students of the other sex.

3-4

     This act would take effect upon passage.

=======

LC00315

=======