Amended in Assembly August 19, 2016

Amended in Assembly August 15, 2016

Amended in Assembly August 4, 2016

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 BillNo. 1146


Introduced by Senator Lara

February 18, 2016


An act to add Sectionsbegin delete 66290.1, 66290.2, and 66290.3end deletebegin insert 66290.1 and 66290.2end insert to the Education Code, relating to discrimination.

LEGISLATIVE COUNSEL’S DIGEST

SB 1146, as amended, Lara. Discrimination: postsecondary education.

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 require an institution thatbegin delete claimsend deletebegin insert hasend insert 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’sbegin delete claim for theend deletebegin insert basis for having theend insert 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 institutionsbegin delete claimingend deletebegin insert withend insert the exemption and their respective bases forbegin delete claimingend deletebegin insert havingend insert the exemption.begin delete The bill would require the institution to submit a quarterly report to the commission that contains a detailed explanation of the reason for each student suspension or expulsion that occurred during the preceding quarter and whether the student was a Cal Grant recipient.end delete

This bill would make its provisions severable.

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

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

P2    1

SECTION 1.  

Section 66290.1 is added to the Education Code,
2to read:

3

66290.1.  

(a) begin deleteEach end deletebegin insertBeginning with the 2017-18 school year,
4eachend insert
postsecondary educational institution in this state that claims
5an exemption pursuant to Section 901(a)(3) of the federal Title IX
6of the Education Amendments of 1972 (20 U.S.C. Sec. 1681(a)(3))
7orbegin insert has an exemption pursuant toend insert Section 66271 shall disclose to
8current and prospective students, faculty members, and employees
9the basis for claimingbegin insert or havingend insert the exemption and the scope of
10the allowable activities provided by the exemption.

11(b) The disclosure required in subdivision (a) shall be made in
12all of the following ways:

13(1) The disclosure shall be displayed in a prominent location of
14the campus or school site. “Prominent location” means that
P3    1location, or those locations, in the main administrative building or
2other area where notices regarding the institution’s rules,
3regulations, procedures, and standards of conduct are posted.

4(2) The disclosure shall be included in written materials sent to
5prospective students seeking admission to the institution.

6(3) The disclosure shall be provided as part of orientation
7programs conducted for new students at the beginning of each
8quarter, semester, or summer session, as applicable.

9(4) The disclosure shall be provided to each faculty member,
10member of the administrative staff, and member of the support
11staff at the beginning of the first quarter or semester of each school
12year. The disclosure shall be provided to each new employee upon
13his or her hire.

14(5) The disclosure shall be included in any publication of the
15institution that sets forth the comprehensive rules, regulations,
16procedures, and standards of conduct for the institution.

17

SEC. 2.  

Section 66290.2 is added to the Education Code, to
18read:

19

66290.2.  

(a) begin deleteEach end deletebegin insert(1)end insertbegin insertend insertbegin insertBeginning with the 2017-18 school
20year, eachend insert
postsecondary educational institution in this state that
21claims an exemption pursuant to Section 901(a)(3) of the federal
22Title IX of the Education Amendments of 1972 (20 U.S.C. Sec.
231681(a)(3))begin delete or Section 66271end delete shall submit to the Student Aid
24Commission copies of all materials submitted to, and received
25from, a state or federal agency concerning the granting of the
26exemption.

begin insert

27
(2) Beginning with the 2017-18 school year, each postsecondary
28educational institution in this state not described in subdivision
29(a) that has an exemption pursuant to Section 66271 shall submit
30to the Student Aid Commission its basis for having the exemption.

end insert

31(b) The Student Aid Commission shall collect the information
32received pursuant to subdivision (a) and post and maintain a list
33on the commission’s Internet Web site of the institutions that have
34claimed the exemption with their respective bases for claimingbegin insert or
35havingend insert
the exemption.

begin delete
36

SEC. 3.  

Section 66290.3 is added to the Education Code, to
37read:

38

66290.3.  

Each postsecondary educational institution in this
39state that claims an exemption pursuant to Section 901(a)(3) of
40the federal Title IX of the Education Amendments of 1972 (20
P4    1U.S.C. Sec. 1681(a)(3)) or Section 66271 shall submit a quarterly
2report to the Student Aid Commission that includes both of the
3following:

4(a) A detailed explanation of the reason for each student
5suspension or expulsion that occurred during the preceding quarter,
6including on explanation of the policy the student violated and
7whether that policy is authorized under the exemption.

8(b) Whether the student was a Cal Grant recipient.

end delete
9

begin deleteSEC. 4.end delete
10
begin insertSEC. 3.end insert  

The provisions of this act are severable. If any
11provision of this act or its application is held invalid, that invalidity
12shall not affect other provisions or applications that can be given
13effect without the invalid provision or application.



O

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