2013 -- S 12 SUBSTITUTE A AS AMENDED

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LC00315/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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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:

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

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

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

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

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

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employment practices, admissions, curricular programs, extracurricular activities including

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

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

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

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

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

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

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available.

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     (iv) Provide extracurricular activities for students of one sex, including, but not limited

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

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

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sex. School districts are required to allow and notify students that they may bring the adult of

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their parent’s or guardian’s choice to the event.

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

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

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

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

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

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

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provisions of this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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sororities.

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

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

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compliance with this section within the educational institution.

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

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

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

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     SECTION 2. This act shall take effect upon passage.

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LC00315/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - OFFENSES PERTAINING TO SCHOOLS

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

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

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provided for students of the other sex.

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     This act would take effect upon passage.

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LC00315/SUB A

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2013 -- S 12 H.

SUBSTITUTE A

A N A C T

RELATING TO EDUCATION - OFFENSES PERTAINING TO SCHOOLS

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LC00315/SUB A

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