Amended in Senate March 28, 2016

Senate Bill No. 1146

Introduced by Senator Lara

February 18, 2016

An act to amend Section begin delete 8499.10 of end delete begin insert 66271 of, and to add Sections 66290.1, 66290.2, 66292.5, and 66292.8 to, end insert the Education Code, relating to begin delete education programs. end delete begin insert postsecondary education. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1146, as amended, Lara. begin delete Education programs: Head Start. end delete begin insert Postsecondary education: nondiscrimination. end insert

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The Equity in Higher Education Act, among other things, prohibits a person from being subjected to discrimination on the basis of specified attributes, including sex, in any program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. Existing federal law, known as Title IX of the Education Amendments of 1972, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. Both the federal and state laws do not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization. Title IX provides a private right of action for violation of its provisions by a public postsecondary educational institution.

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This bill would limit the religious exemption from the Equity in Higher Education Act to certain educational programs and activities of a postsecondary educational institution that is controlled by a religious organization. The bill would require an institution that claims an exemption from either the Equity in Higher Education Act or Title IX to make specified disclosures to the institution’s current and prospective students, faculty members, and employees, and to the Student Aid Commission, concerning the institution’s claim for the exemption. The bill would require the commission to collect the information it receives and post and maintain a list on the commission’s Internet Web site of all institutions claiming the exemption and their respective bases for claiming the exemption. The bill would specify that an individual who is denied equal rights or opportunities on the basis of gender identity, gender expression, or sexual orientation by a postsecondary educational institution that claims the Title IX exemption may seek appropriate remedies through civil action for violations of the Equity in Higher Education Act. The bill would make the provisions of the Equity in Higher Education Act severable.

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Existing law provides that the Legislature finds and declares certain things about the federal Head Start program, including that the Congress has recognized the importance of the transfer from preschool to primary school.

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This bill would make nonsubstantive changes to this law.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 66271 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

66271.  

This chapter shall not apply to begin insert educational programs
or activities offered by end insert an educational institution that is controlled
by a religious organization begin insert to prepare students to become ministers
of the religion, to enter upon some other vocation of the religion,
or to teach theological subjects pertaining to the religion, end insert if the
application begin insert of this chapter end insert would not be consistent with the
religious tenets of that organization.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 66290.1 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 66290.1. end insert   

(a) Each postsecondary educational institution in
this state that claims an exemption pursuant to Section 901(a)(3)
of the federal Title IX of the Education Amendments of 1972 (20
U.S.C. Sec. 1681(a)(3)) or Section 66271 shall disclose to current
and prospective students, faculty members, and employees the
basis for claiming the exemption.

(b) The disclosure required in subdivision (a) shall be made in
all of the following ways:

(1) The disclosure shall be displayed in a prominent location
of the campus or school site. “Prominent location” means that
location, or those locations, in the main administrative building
or other area where notices regarding the institution’s rules,
regulations, procedures, and standards of conduct are posted.

(2) The disclosure shall be included in written materials sent
to prospective students seeking admission to the postsecondary
educational institution.

(3) The disclosure shall be provided as part of orientation
programs conducted for new students at the beginning of each
quarter, semester, or summer session, as applicable.

(4) The disclosure shall be provided to each faculty member,
member of the administrative staff, and member of the support
staff at the beginning of the first quarter or semester of each school
year. The disclosure shall be provided to each new employee upon
his or her hire.

(5) The disclosure shall be included in any publication of the
institution that sets forth the comprehensive rules, regulations,
procedures, and standards of conduct for the institution.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 66290.2 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 66290.2. end insert   

(a) Each postsecondary educational institution in
this state that claims an exemption pursuant to Section 901(a)(3)
of the federal Title IX of the Education Amendments of 1972 (20
U.S.C. Sec. 1681(a)(3)) or Section 66271 shall submit to the
Student Aid Commission copies of all materials submitted to, and
received from, a state or federal agency concerning the granting
of the exemption.

(b) The Student Aid Commission shall collect the information
received pursuant to subdivision (a) and post and maintain a list
on the commission’s Internet Web site of the institutions that have
claimed the exemption with their respective bases for claiming the
exemption.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 66292.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 66292.5. end insert   

(a) Any individual who is denied equal rights or
opportunities on the basis of gender identity, gender expression,
or sexual orientation by a postsecondary educational institution
that claims an exemption pursuant to Section 901(a)(3) of the
federal Title IX of the Education Amendments of 1972 (20 U.S.C.
Sec. 1681(a)(3)) may seek appropriate remedies both at law and
in equity through a civil action, including the award of monetary
damages, for intentional violations of this chapter.

(b) Nothing in this section shall be construed to impair or
impede any other rights, causes of action, claims, or defenses
available under other law. The remedies provided in this section
are cumulative with any other remedies available under other law.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 66292.8 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 66292.8. end insert   

The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

end insert

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SECTION 1.  

Section 8499.10 of the Education Code is
amended to read:

8499.10.  

The Legislature finds and declares all of the following:

(a) The Congress has recognized the importance of the transfer
from preschool to primary school. Section 642A of Title VI of
Subtitle A of Chapter 8 of Subchapter B of the federal Omnibus
Budget Reconciliation Act of 1981 (Public Law 97-35) was enacted
to require federal Head Start funds grantees to take steps to
coordinate with and involve the local educational agency serving
the community, including, but not limited to, all of the following:

(1) Developing and implementing a systematic procedure for
transferring, with parental consent, Head Start program records
for each participating child to the school in which the child will
enroll.

(2) Establishing channels of communication between Head Start
staff and their counterparts in the schools, including, but not limited
to, teachers, social workers, and health staff, to facilitate the
coordination of programs.

(3) Conducting meetings involving parents, kindergarten or
elementary school teachers, and Head Start program teachers to
discuss the educational, developmental, and other needs of
individual children.

(4) Organizing and participating in joint transition-related
training of school staff and Head Start staff.

(5) Developing and implementing a family outreach and support
program in cooperation with entities carrying out parental
involvement efforts under Title I of federal the Elementary and
Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.).

(6) Assisting families, administrators, and teachers in enhancing
educational and developmental continuity between Head Start
services and elementary school classes.

(7) Linking the services provided in the Head Start program
with the education services provided by the local educational
agency.

(b) The Superintendent shall advise local educational agencies
of these federal requirements.

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