Amended in Senate May 4, 2016

Amended in Senate April 11, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1146


Introduced by Senator Lara

begin insert

(Coauthor: Senator Leno)

end insert

February 18, 2016


An act to amend Section 66271 of, and to add Sections 66290.1, 66290.2,begin delete 66292.5,end delete 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.begin delete 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.end delete The bill would specify thatbegin delete 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 deletebegin insert an educational institution that is controlled by a religious organization and has participated in the Cal Grant Program continuously since January 1, 2016, shall not lose its Cal Grant Program eligibility for its failure to comply with the Equity in Higher Education Act.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:

P2    1

SECTION 1.  

Section 66271 of the Education Code is amended
2to read:

3

66271.  

This chapter shall not apply to educational programs
4or activities offered by an educational institution that is controlled
5by a religious organization to prepare students to become ministers
6of the religion, to enter upon some other vocation of the religion,
7or to teach theological subjects pertaining to the religion, if the
P3    1application of this chapter would not be consistent with the
2religious tenets of that organization.

3

SEC. 2.  

Section 66290.1 is added to the Education Code, to
4read:

5

66290.1.  

(a) Each postsecondary educational institution in this
6state that claims an exemption pursuant to Section 901(a)(3) of
7the federal Title IX of the Education Amendments of 1972 (20
8U.S.C. Sec. 1681(a)(3)) or Section 66271 shall disclose to current
9and prospective students, faculty members, and employees the
10basis for claiming the exemption.

11(b) The disclosure required in subdivision (a) shall be made in
12all of the following ways:

13(1) The disclosure shall be displayed in a prominent location of
14the campus or school site. “Prominent location” means that
15location, or those locations, in the main administrative building or
16other area where notices regarding the institution’s rules,
17regulations, procedures, and standards of conduct are posted.

18(2) The disclosure shall be included in written materials sent to
19prospective students seeking admission to the postsecondary
20educational institution.

21(3) The disclosure shall be provided as part of orientation
22programs conducted for new students at the beginning of each
23quarter, semester, or summer session, as applicable.

24(4) The disclosure shall be provided to each faculty member,
25member of the administrative staff, and member of the support
26staff at the beginning of the first quarter or semester of each school
27year. The disclosure shall be provided to each new employee upon
28his or her hire.

29(5) The disclosure shall be included in any publication of the
30institution that sets forth the comprehensive rules, regulations,
31procedures, and standards of conduct for the institution.

32

SEC. 3.  

Section 66290.2 is added to the Education Code, to
33read:

34

66290.2.  

(a) Each postsecondary educational institution in this
35state that claims an exemption pursuant to Section 901(a)(3) of
36the federal Title IX of the Education Amendments of 1972 (20
37U.S.C. Sec. 1681(a)(3)) or Section 66271 shall submit to the
38Student Aid Commission copies of all materials submitted to, and
39received from, a state or federal agency concerning the granting
40of the exemption.

P4    1(b) The Student Aid Commission shall collect the information
2received pursuant to subdivision (a) and post and maintain a list
3on the commission’s Internet Web site of the institutions that have
4claimed the exemption with their respective bases for claiming the
5exemption.

begin delete
6

SEC. 4.  

Section 66292.5 is added to the Education Code, to
7read:

8

66292.5.  

(a) Any individual who is denied equal rights or
9opportunities on the basis of gender identity, gender expression,
10or sexual orientation by a postsecondary educational institution
11that claims an exemption pursuant to Section 901(a)(3) of the
12federal Title IX of the Education Amendments of 1972 (20 U.S.C.
13Sec. 1681(a)(3)) may seek appropriate remedies both at law and
14in equity through a civil action, including the award of monetary
15damages, for intentional violations of this chapter.

16(b) Nothing in this section shall be construed to impair or impede
17any other rights, causes of action, claims, or defenses available
18under other law. The remedies provided in this section are
19 cumulative with any other remedies available under other law.

end delete
20

begin deleteSEC. 5.end delete
21
begin insertSEC. 4.end insert  

Section 66292.8 is added to the Education Code, to
22read:

begin delete
23

66292.8.  

(a) The changes to this chapter made by the act
24adding this section shall not be construed to alter how state
25financial assistance is granted or denied to any postsecondary
26educational institution or students attending that institution.

end delete
27begin insert

begin insert66292.8.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertAn educational institution that is controlled by
28a religious organization and has participated in the Cal Grant
29Program established pursuant to Chapter 1.7 (commencing with
30Section 69430) continuously since January 1, 2016, shall not lose
31its eligibility to participate in the Cal Grant Program as a result
32of its failure to comply with the provisions of this chapter.end insert

33(b) The provisions of this chapter are severable. If any provision
34of this chapter or its application is held invalid, that invalidity shall
35not affect other provisions or applications that can be given effect
36without the invalid provision or application.



O

    96