BILL NUMBER: SB 1146	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Lara

                        FEBRUARY 18, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1146, as amended, Lara.  Education programs: Head
Start.   Postsecondary education: nondiscrimination.
 
   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.  
   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.  
   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.  
   This bill would make nonsubstantive changes to this law. 

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 66271 of the  
Education Code   is amended to read: 
   66271.  This chapter shall not apply to  educational programs
or activities offered by  an educational institution that is
controlled by a religious organization  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,  if the application of this chapter  would
not be consistent with the religious tenets of that organization.
   SEC. 2.    Section 66290.1 is added to the  
Education Code   , to read:  
   66290.1.  (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. 
   SEC. 3.    Section 66290.2 is added to the  
Education Code   , to read:  
   66290.2.  (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. 
   SEC. 4.    Section 66292.5 is added to the  
Education Code   , to read:  
   66292.5.  (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. 
   SEC. 5.    Section 66292.8 is added to the  
Education Code   , to read:  
   66292.8.  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. 

  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.