as amended, Lara.
begin deletePostsecondary education: nondiscrimination. end delete
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 wouldend 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
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 66271 of the Education Code is repealed.end delete
Section 66271 is added to the Education Code, to read:
(a) This chapter shall apply to a religious educational
4institution except with respect to prohibitions concerning religion.
5(b) Nothing in this section shall be construed to permit
6discrimination on the basis of disability, gender, gender identity,
7gender expression, nationality, race or ethnicity, sexual orientation,
8or any other characteristic that is contained in the definition of
9hate crimes set forth in Section 422.55 of the Penal Code, including
10the perception that the person has any of those characteristics or
11that the person is associated with a person who has, or is perceived
12to have, any of those characteristics.
Section 66290.1 is added to the Education Code,
(a) Each postsecondary educational institution in this
17state that claims an exemption pursuant to Section 901(a)(3) of
18the federal Title IX of the Education Amendments of 1972 (20
19U.S.C. Sec. 1681(a)(3)) or Section 66271 shall disclose to current
20and prospective students, faculty members, and employees the
21basis for claiming the exemption and the scope of the allowable
22activities provided by the exemption.
23(b) The disclosure required in subdivision (a) shall be made in
24all of the following ways:
25(1) The disclosure shall be displayed in a prominent location of
26the campus or school site. “Prominent location” means that
27location, or those locations, in the main administrative building or
28other area where notices regarding the institution’s rules,
29regulations, procedures, and standards of conduct are posted.
30(2) The disclosure shall be included in written materials sent to
31prospective students seeking admission to the postsecondary
33(3) The disclosure shall be provided as part of orientation
34programs conducted for new students at the beginning of each
35quarter, semester, or summer session, as applicable.
36(4) The disclosure shall be provided to each faculty member,
37member of the administrative staff, and member of the support
38staff at the beginning of the first quarter or semester of each school
P4 1year. The disclosure shall be provided to each new employee upon
2his or her hire.
3(5) The disclosure shall be included in any publication of the
4institution that sets forth the comprehensive rules, regulations,
5procedures, and standards of conduct for the institution.
Section 66290.2 is added to the Education Code, to
(a) Each postsecondary educational institution in this
10state that claims an exemption pursuant to Section 901(a)(3) of
11the federal Title IX of the Education Amendments of 1972 (20
12U.S.C. Sec. 1681(a)(3)) or Section 66271 shall submit to the
13Student Aid Commission copies of all materials submitted to, and
14received from, a state or federal agency concerning the granting
15of the exemption.
16(b) The Student Aid Commission shall collect the information
17received pursuant to subdivision (a) and post and maintain a list
18on the commission’s Internet Web site of the institutions that have
19claimed the exemption with their respective bases for claiming the
Section 66292.8 is added to the Education Code, to
(a) The changes to this chapter made by the act
24adding this section shall not be construed to affect either the current
25operation of the Cal Grant program established pursuant to Chapter
261.7 (commencing with Section 69430) of Part 42 or other
27provisions of law that prohibit discrimination on the basis of
28disability, gender, gender identity, gender expression, nationality,
29race or ethnicity, sexual orientation, or any other characteristic
30that is contained in the definition of hate crimes set forth in Section
31422.55 of the Penal Code, including the perception that any person
32has, or is perceived to have, any of those characteristics.
33(b) The changes to this chapter made by the act adding this
34section shall not be construed to prohibit students from seeking
35civil remedies under the provisions of this chapter for
37(c) The provisions of this chapter are severable. If any provision
38of this chapter or its application is held invalid, that invalidity shall
39not affect other provisions or applications that can be given effect
40without the invalid provision or application.