BILL NUMBER: SB 1146	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 13, 2016
	AMENDED IN SENATE  MAY 4, 2016
	AMENDED IN SENATE  APRIL 11, 2016
	AMENDED IN SENATE  MARCH 28, 2016

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.
 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. 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.   (a)    This chapter shall not apply to
 any of the following  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,   organization,  if the application of
this chapter would not be consistent with the religious tenets of
that  organization.   organization:  
   (1) Programs or activities to prepare students to become ministers
of the religion.  
   (2) Programs or activities to enter upon some other vocation of
the religion.  
   (3) Programs or activities to teach theological subjects
pertaining to the religion.  
   (b) Nothing in this section shall limit an institution that is
controlled by a religious organization from requiring a student to
participate in religiously based curriculum or activities as a
condition of his or her attendance or graduation. 
  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 66292.8 is added to the Education Code, to read:

   66292.8.  (a) An educational institution that is controlled by a
religious organization and has participated in the Cal Grant Program
established pursuant to Chapter 1.7 (commencing with Section 69430)
continuously since January 1, 2016, shall not lose its eligibility to
participate in the Cal Grant Program as a result of its failure to
comply with the provisions of this chapter.


   (b) 
    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.