Amended in Assembly June 13, 2016

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

(Coauthor: Senator Leno)

February 18, 2016


An act to amend Section 66271 of, and to add Sections 66290.1, 66290.2, 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 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 delete 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.  

begin insert(a)end insertbegin insertend insert This chapter shall not apply tobegin insert any of the followingend insert
4 educational programs or activities offered by an educational
5institution that is controlled by a religiousbegin delete organization to prepare
6students to become ministers of the religion, to enter upon some
7other vocation of the religion, or to teach theological subjects
8pertaining to the religion,end delete
begin insert organization,end insert if the application of this
9chapter would not be consistent with the religious tenets of that
10
begin delete organization.end deletebegin insert organization:end insert

begin insert

11
(1) Programs or activities to prepare students to become
12ministers of the religion.

end insert
begin insert

13
(2) Programs or activities to enter upon some other vocation
14of the religion.

end insert
begin insert

15
(3) Programs or activities to teach theological subjects
16pertaining to the religion.

end insert
begin insert

P3    1
(b) Nothing in this section shall limit an institution that is
2controlled by a religious organization from requiring a student to
3participate in religiously based curriculum or activities as a
4condition of his or her attendance or graduation.

end insert
5

SEC. 2.  

Section 66290.1 is added to the Education Code, to
6read:

7

66290.1.  

(a) Each postsecondary educational institution in this
8state that claims an exemption pursuant to Section 901(a)(3) of
9the federal Title IX of the Education Amendments of 1972 (20
10U.S.C. Sec. 1681(a)(3)) or Section 66271 shall disclose to current
11and prospective students, faculty members, and employees the
12basis for claiming the exemption.

13(b) The disclosure required in subdivision (a) shall be made in
14all of the following ways:

15(1) The disclosure shall be displayed in a prominent location of
16the campus or school site. “Prominent location” means that
17location, or those locations, in the main administrative building or
18other area where notices regarding the institution’s rules,
19regulations, procedures, and standards of conduct are posted.

20(2) The disclosure shall be included in written materials sent to
21prospective students seeking admission to the postsecondary
22educational institution.

23(3) The disclosure shall be provided as part of orientation
24programs conducted for new students at the beginning of each
25quarter, semester, or summer session, as applicable.

26(4) The disclosure shall be provided to each faculty member,
27member of the administrative staff, and member of the support
28staff at the beginning of the first quarter or semester of each school
29year. The disclosure shall be provided to each new employee upon
30his or her hire.

31(5) The disclosure shall be included in any publication of the
32institution that sets forth the comprehensive rules, regulations,
33procedures, and standards of conduct for the institution.

34

SEC. 3.  

Section 66290.2 is added to the Education Code, to
35read:

36

66290.2.  

(a) Each postsecondary educational institution in this
37state that claims an exemption pursuant to Section 901(a)(3) of
38the federal Title IX of the Education Amendments of 1972 (20
39U.S.C. Sec. 1681(a)(3)) or Section 66271 shall submit to the
40Student Aid Commission copies of all materials submitted to, and
P4    1received from, a state or federal agency concerning the granting
2of the exemption.

3(b) The Student Aid Commission shall collect the information
4received pursuant to subdivision (a) and post and maintain a list
5on the commission’s Internet Web site of the institutions that have
6claimed the exemption with their respective bases for claiming the
7exemption.

8

SEC. 4.  

Section 66292.8 is added to the Education Code, to
9read:

begin delete
10

66292.8.  

(a) An educational institution that is controlled by a
11religious organization and has participated in the Cal Grant
12Program established pursuant to Chapter 1.7 (commencing with
13Section 69430) continuously since January 1, 2016, shall not lose
14its eligibility to participate in the Cal Grant Program as a result of
15its failure to comply with the provisions of this chapter.

16(b) 

end delete
17begin insert

begin insert66292.8.end insert  

end insert

The provisions of this chapter are severable. If any
18provision of this chapter or its application is held invalid, that
19invalidity shall not affect other provisions or applications that can
20be given effect without the invalid provision or application.



O

    95