(a) A school district that maintains an existing single gender school or classes or a charter school that is an existing single gender school or that continues existing single gender classes, pursuant to Section 232.2, shall conduct the following evaluations at least once every two years:
(1) An evaluation of whether the single gender aspect of the school or classes is based upon genuine justifications and does not rely on overly broad generalizations about the different talents, capacities, or preferences of either gender and that the single gender nature of the school or classes is substantially related to the achievement of the important objective for the school or classes.
(2) An evaluation that examines whether the single gender school or class has been effective as compared to coeducational schools.
(3) An evaluation of the impact of the single gender school or class on pupils who identify as lesbian, gay, bisexual, transgender, questioning, or gender nonconforming.
(b) The metrics that the school district or charter school will use to evaluate the single gender school or class shall be included in the policy adopted pursuant to subdivision (a) of Section 232.2, and the evidence in the evaluation shall include, but need not be limited to, the evidence described in the United States Department of Education’s Office for Civil Rights “Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities” of December 1, 2014.
(c) The school district or charter school shall submit the findings of the evaluations required pursuant to subdivision (a) to the Senate Committee on Education, the Assembly Committee on Education, the Assembly Committee on Judiciary, the Senate Committee on Judiciary, and the department. In the event that the department finds that one or more of the single gender schools or single gender classes fail to comply with the requirements of Title IX regulations (34 C.F.R. Part 106), as they read on October 25, 2006, the department shall order corrective action up to and including requiring that the school or classes become coeducational.
(d) Except as otherwise provided in this article and subdivision (b) of Section 221.5, no public elementary or secondary school, including a charter school, shall operate as a single gender school or with single gender classes. This subdivision does not prohibit the operation of single gender classes of the kinds described in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 106.34 of Title 34 of the Code of Federal Regulations.
(Added by Stats. 2017, Ch. 654, Sec. 1. (AB 23) Effective October 11, 2017. Repealed as of January 1, 2025, pursuant to Section 232.6.)
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