BILL NUMBER: SB 1146 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 23, 2016
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, and to repeal and add
Section 66271 of, 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
provide that a reli gious educational
institution is subject to the provisions of the Equity in
Higher Education Act to certain educational programs and
activities of a postsecondary educational institution that is
controlled by a religious organization. except with
respect to prohibitions concerning religion, as specified. 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 the changes made by the bill shall not be construed to
affect the operation of the Cal Grant Program and other provisions of
law that prohibit discrimination on the basis of certain
characteristics, or to prohibit students from seeking civil remedies,
as specified. 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 repealed.
66271. This chapter shall 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.
SEC. 2. Section 66271 is added to the
Education Code , to read:
66271. (a) This chapter shall apply to a religious educational
institution except with respect to prohibitions concerning religion.
(b) Nothing in this section shall be construed to permit
discrimination on the basis of disability, gender, gender identity,
gender expression, nationality, race or ethnicity, sexual
orientation, or any other characteristic that is contained in the
definition of hate crimes set forth in Section 422.55 of the Penal
Code, including the perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
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, if the
application of this chapter would not be consistent with the
religious tenets of that 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. SEC. 3. 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. exemption
and the scope of the allowable activities provided by 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. SEC. 4. 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. SEC. 5. Section 66292.8 is
added to the Education Code, to read:
66292.8. (a) The changes to this chapter made by the act
adding this section shall not be construed to affect either the
current operation of the Cal Grant program established pursuant to
Chapter 1.7 (commencing with Section 69430) of Part 42 or other
provisions of law that prohibit discrimination on the basis of
disability, gender, gender identity, gender expression, nationality,
race or ethnicity, sexual orientation, or any other characteristic
that is contained in the definition of hate crimes set forth in
Section 422.55 of the Penal Code, including the perception that any
person has, or is perceived to have, any of those characteristics.
(b) The changes to this chapter made by the act adding this
section shall not be construed to prohibit students from seeking
civil remedies under the provisions of this chapter for
discrimination.
(c) 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.