Amended in Assembly June 29, 2016

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

Senate Bill No. 1146

Introduced by Senator Lara

(Coauthor: Senator Leno)

February 18, 2016

An act to add Sections begin delete 66290.1, 66290.2, and 66292.8 to, and to repeal and add Section 66271 of, end delete begin insert 66290.1 and 66290.2 to end insert the Education Code, begin insert and Section 11135.5 to the Government Code, end insert relating to begin delete postsecondary education. end delete begin insert discrimination. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1146, as amended, Lara. begin delete Postsecondary education: nondiscrimination. end delete begin insert Discrimination: postsecondary education. end insert

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 provide that a religious educational institution is subject to the provisions of the Equity in Higher Education Act except with respect to prohibitions concerning religion, as specified. The bill would end delete 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 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. end delete

begin insert

Existing law provides that no person in the state shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, administered, or funded by the state.

end insert begin insert

This bill would, except as provided, specify that a postsecondary educational institution that is controlled by a religious organization and that receives financial assistance from the state or enrolls students who receive state financial assistance is subject to that prohibition and violation of that prohibition may be enforced by a private right of action.

end insert begin insert

This bill would make its provisions severable.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 66271 of the Education Code is repealed.

end delete

begin delete

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.

end delete

begin delete SEC. 3. end delete

begin insert SECTION 1. end insert   

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 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.

begin delete SEC. 4. end delete

begin insert SEC. 2. end insert   

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.

begin delete

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.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 11135.5 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 11135.5. end insert   

(a) Notwithstanding any other law, a postsecondary
educational institution that is controlled by a religious organization
and that receives financial assistance from the state or enrolls
students who receive state financial assistance is subject to Section
11135, and violation of that section may be enforced by a private
right of action as described in Section 11139.

(b) This section shall not prohibit an institution, as described
in subdivision (a), from doing any of the following:

(1) Providing housing or restroom accommodations reserved
for either male or female students if students are afforded housing
or restroom accommodations consistent with their gender identity.

(2) Providing separate housing accommodations reserved
primarily for married students or for students with minor
dependents who reside with them if “married” includes both
married opposite-sex and married same-sex couples.

(3) Enforcing rules of moral conduct and establishing housing
policies in accordance with these rules of moral conduct if the
rules are uniformly applicable to all students regardless of the
student’s sexual orientation or gender identity.

(4) Enforcing religious practices if these practices are uniformly
applicable to all students regardless of the student’s sexual
orientation or gender identity.

(5) Admitting only students of one sex if the institution
traditionally and continually from its establishment had that policy.

(c) This section does not apply to an institution described in
subdivision (a) if the purpose of the institution is to prepare
students to become ministers of the religion or to enter upon some
other vocation of the religion and if the application of this section
would not be consistent with the religious tenets of the
organization.

(d) This section does not prevent an institution described in
subdivision (a) from prohibiting the use of the institution’s real
property for any purpose that is not consistent with the religious
tenets of the organization.

(e) Except for the provisions of Sections 11135 and 11139 and
this section, this article does not apply to an institution described
in subdivision (a).

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

The provisions of this act are severable. If any
provision of this act 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.

end insert