200-201

EDUCATION CODE
SECTION 200-201




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 that are contrary to that
policy and to provide remedies therefor.



201.  (a) All pupils have the right to participate fully in the
educational process, free from discrimination and harassment.
   (b) California's public schools have an affirmative obligation to
combat racism, sexism, and other forms of bias, and a responsibility
to provide equal educational opportunity.
   (c) Harassment on school grounds directed at an individual on the
basis of personal characteristics or status creates a hostile
environment and jeopardizes equal educational opportunity as
guaranteed by the California Constitution and the United States
Constitution.
   (d) There is an urgent need to prevent and respond to acts of hate
violence and bias-related incidents that are occurring at an
increasing rate in California's public schools.
   (e) There is an urgent need to teach and inform pupils in the
public schools about their rights, as guaranteed by the federal and
state constitutions, in order to increase pupils' awareness and
understanding of their rights and the rights of others, with the
intention of promoting tolerance and sensitivity in public schools
and in society as a means of responding to potential harassment and
hate violence.
   (f) It is the intent of the Legislature that each public school
undertake educational activities to counter discriminatory incidents
on school grounds and, within constitutional bounds, to minimize and
eliminate a hostile environment on school grounds that impairs the
access of pupils to equal educational opportunity.
   (g) It is the intent of the Legislature that this chapter shall be
interpreted as consistent with Article 9.5 (commencing with Section
11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, Title VI of the federal Civil Rights Act of 1964 (42
U.S.C. Sec. 1981, et seq.), Title IX of the Education Amendments of
1972 (20 U.S.C. Sec. 1681, et seq.), Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), the federal Equal Educational Opportunities Act (20 U.S.C.
Sec. 1701, et seq.), the Unruh Civil Rights Act (Secs. 51 to 53,
incl., Civ. C.), and the Fair Employment and Housing Act (Pt. 2.8
(commencing with Sec. 12900), Div. 3, Gov. C.), except where this
chapter may grant more protections or impose additional obligations,
and that the remedies provided herein shall not be the exclusive
remedies, but may be combined with remedies that may be provided by
the above statutes.