BILL NUMBER: SB 1146 AMENDED
BILL TEXT
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
INTRODUCED BY Senator Lara
FEBRUARY 18, 2016
An act to add Sections 66290.1, 66290.2, and 66290.3
66290.1 and 66290.2 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 that claims
has 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 basis for having
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
with the exemption and their respective bases
for claiming having the exemption.
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.
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:
SECTION 1. Section 66290.1 is added to the Education Code, to
read:
66290.1. (a) Each Beginning with the
2017-18 school year, 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 has an exemption pursuant to
Section 66271 shall disclose to current and prospective students,
faculty members, and employees the basis for claiming or having
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 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. 2. Section 66290.2 is added to the Education Code, to read:
66290.2. (a) Each (1)
Beginning with the 2017-18 school ye ar, 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.
(2) Beginning with the 2017-18 school year, each postsecondary
educational institution in this state not described in subdivision
(a) that has an exemption pursuant to Section 66271 shall submit to
the Student Aid Commission its basis for having 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
or having the exemption.
SEC. 3. Section 66290.3 is added to the
Education Code, to read:
66290.3. 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 a quarterly report to the
Student Aid Commission that includes both of the following:
(a) A detailed explanation of the reason for each student
suspension or expulsion that occurred during the preceding quarter,
including on explanation of the policy the student violated and
whether that policy is authorized under the exemption.
(b) Whether the student was a Cal Grant recipient.
SEC. 4. SEC. 3. 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.