California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.3 - Nondiscrimination and Educational Equity › Subchapter 1 - Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance › Article 5 - Course Access › Section 4940 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A local agency and its educational
					 institutions shall not provide any course or otherwise carry out any of its
					 educational programs or activities separately on the basis of sex, sexual
					 orientation, gender, ethnic group identification, race, ancestry, national
					 origin, religion, color, or mental or physical disability or require or refuse
					 participation therein by any of its students on such basis, including but not
					 limited to, agriculture, health, physical education, industrial technology,
					 business, career, vocational and emerging technical educational programs, home
					 economics, work experience programs, occupational training programs, research
					 opportunities, visual and performing arts, and adult education
					 courses.
(b) Portions of classes
					 which deal with human sexuality may be conducted in separate sessions for males
					 and females.
(c) Local agencies and
					 their educational institutions may make requirements based on vocal range or
					 quality which may result in a chorus or choruses of one, or predominantly one,
					 sex.
(d) A local agency and its
					 educational institutions shall not permit any course or activity labeling and
					 scheduling which results in the separation of students on the basis of sex,
					 sexual orientation, gender, ethnic group identification, race, ancestry,
					 national origin, religion, color, or mental or physical disability. In
					 educational institutions where students have the opportunity to select a
					 specific activity for a physical education course, the course title and
					 description shall be gender neutral.
(e) While instruction in all physical
					 education classes is coeducational, nothing in this section shall prohibit the
					 grouping of students during physical education activities by ability when
					 assessed by objective standards of individual performance without regard to sex
					 and all students are involved in the same physical activity or conceptual
					 learning experience at the same time.
(f) Recruitment. An educational institution
					 may choose to undertake affirmative recruitment efforts to overcome the effect
					 of conditions which resulted in limited participation in certain courses by a
					 particular group of students including but not limited to math, science,
					 emerging technologies, occupational training, and career vocational and
					 technical educational program courses.
(g) Prerequisites. Nothing herein shall be
					 construed to prohibit the use of prerequisites that have been demonstrated to
					 be essential to success in a given program or course. If a prerequisite is not
					 essential to success in a given course or program, it shall be abolished as a
					 prerequisite.
(h) Required Courses.
					 In determining required courses for any student, such determination shall be
					 made without regard to sex, sexual orientation, gender, ethnic group
					 identification, race, ancestry, national origin, religion, color, or mental or
					 physical disability, except as otherwise provided in these
					 regulations.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2.
						Amendment of section heading, section and NOTE filed 6-13-2001; operative
						7-13-2001 (Register 2001, No. 24).
Note: Authority cited: Sections
						  221.1 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  220 and
						  230,
						  Education Code; Section
						  1681, Title 20, U.S. Code; Section
						  2000 d, Title 42, U.S. Code; and
						  Section 106, Title 34, Code of Federal
						  Regulations.