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
begin delete limit the religious exemption fromend delete the Equity in Higher Education Act begin delete to certain educational programs and activities of a postsecondary educational institution that is controlled by a religious organization.end delete 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 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:
This chapter shall not apply to an educational institution
3that is controlled by a religious organization if the application
4would not be consistent with the religious tenets of that
Section 66271 of the Education Code is amended
(a) This chapter shall not apply to any of the following
8educational programs or activities offered by an educational
9institution that is controlled by a religious organization, if the
10application of this chapter would not be consistent with the
11religious tenets of that organization:
12(1) Programs or activities to prepare students to become
13ministers of the religion.
14(2) Programs or activities to enter upon some other vocation of
16(3) Programs or activities to teach theological subjects pertaining
17to the religion.
18(b) Nothing in this section shall limit an institution that is
19controlled by a religious organization from requiring a student to
20participate in religiously based curriculum or activities as a
21condition of his or her attendance or graduation.
Section 66290.1 is added to the Education Code, to
(a) Each postsecondary educational institution in this
27state that claims an exemption pursuant to Section 901(a)(3) of
28the federal Title IX of the Education Amendments of 1972 (20
29U.S.C. Sec. 1681(a)(3)) or Section 66271 shall disclose to current
30and prospective students, faculty members, and employees the
31basis for claiming the
begin delete exemption.end delete
33(b) The disclosure required in subdivision (a) shall be made in
34all of the following ways:
35(1) The disclosure shall be displayed in a prominent location of
36the campus or school site. “Prominent location” means that
37location, or those locations, in the main administrative building or
38other area where notices regarding the institution’s rules,
39regulations, procedures, and standards of conduct are posted.
P4 1(2) The disclosure shall be included in written materials sent to
2prospective students seeking admission to the postsecondary
4(3) The disclosure shall be provided as part of orientation
5programs conducted for new students at the beginning of each
6quarter, semester, or summer session, as applicable.
7(4) The disclosure shall be provided to each faculty member,
8member of the administrative staff, and member of the support
9staff at the beginning of the first quarter or semester of each school
10year. The disclosure shall be provided to each new employee upon
11his or her hire.
12(5) The disclosure shall be included in any publication of the
13institution that sets forth the comprehensive rules, regulations,
14procedures, and standards of conduct for the institution.
Section 66290.2 is added to the Education Code, to
(a) Each postsecondary educational institution in this
19state that claims an exemption pursuant to Section 901(a)(3) of
20the federal Title IX of the Education Amendments of 1972 (20
21U.S.C. Sec. 1681(a)(3)) or Section 66271 shall submit to the
22Student Aid Commission copies of all materials submitted to, and
23received from, a state or federal agency concerning the granting
24of the exemption.
25(b) The Student Aid Commission shall collect the information
26received pursuant to subdivision (a) and post and maintain a list
27on the commission’s Internet Web site of the institutions that have
28claimed the exemption with their respective bases for claiming the
Section 66292.8 is added to the Education Code, to
8The provisions of this chapter are severable. If any provision
9of this chapter or its application is held invalid, that invalidity shall
10not affect other provisions or applications that can be given effect
11without the invalid provision or application.