Section 4940 - General Provisions(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.Cal. Code Regs. Tit. 5, § 4940
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.
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).