Amended in Senate April 11, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1146

Introduced by Senator Lara

February 18, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

SB 1146, as amended, Lara. 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. begin insert The bill would specify that its provisions shall not be construed to alter how state financial assistance is granted or denied to any postsecondary educational institution or students attending that institution. end insert The bill would make the provisions of the Equity in Higher Education Act severable.

Vote: majority. Appropriation: no. Fiscal committee: 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:

begin delete

66292.8.  

The

end delete

begin insert

begin insert 66292.8. end insert   

end insert begin insert

(a) The changes to this chapter made by the act
adding this section shall not be construed to alter how state
financial assistance is granted or denied to any postsecondary
educational institution or students attending that institution.

end insert

begin insert (b) end insert begin insert   end insert begin insert The end insert 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.