BILL NUMBER: SB 195	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Florez

                        FEBRUARY 23, 2009

   An act to amend Section 66290 of the Education Code, relating to
postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 195, as introduced, Florez. Equity in Higher Education Act.
   Existing law, the Equity in Higher Education Act, provides that it
is the policy of the state to afford all persons, regardless of
disability, gender, nationality, race or ethnicity, religion, sexual
orientation, or other specified bases, equal rights and opportunities
in the postsecondary institutions of the state. The act requires a
postsecondary educational institution, as defined, prior to the
receipt of any state financial assistance or state student financial
aid, to provide assurance to the agency administering the funds that
each program or activity conducted by the institution will be
conducted in compliance with the act and all other applicable
provisions of state law prohibiting discrimination on the basis of
sex. The act permits a postsecondary educational institution to
provide a single assurance, not more than one page in length and
signed by an appropriate responsible official of the institution, for
all programs and activities conducted by the institution.
   This bill would additionally require a postsecondary educational
institution to provide assurance that each program and activity
conducted by the institution will be conducted in compliance with
applicable provisions of federal law prohibiting discrimination on
the basis of sex. The bill would require a postsecondary educational
institution to provide a single assurance, as specified, for all
programs and activities, including, but not limited to, academic and
athletic programs. The bill would require that assurance to include
specified information, including information regarding compliance
with the act. The bill would provide for a civil penalty for a
violation of these provisions.
   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 of the Education Code is amended to read:

   66290.   (a)    Prior to receipt of any state
financial assistance or state student financial aid, a postsecondary
educational institution shall provide assurance to the agency
administering the funds, in the manner required by the funding
agency, that each program or activity conducted by the postsecondary
educational institution will be conducted in compliance with this
chapter and all other applicable provisions of state law  and
federal law  prohibiting discrimination on the basis of sex. A
single assurance, not more than one page in length and signed by an
appropriate responsible official of the postsecondary educational
institution,  may   shall  be provided for
all the programs and activities conducted by a postsecondary
educational institution  , including, but not limited to,
academic and athletic programs. The assurance shall include, at a
minimum, all of the following information:  
   (1) Information regarding compliance with this chapter for each
campus or location of the postsecondary educational institution.
 
   (2) The annual number of complaints of prohibited discrimination
filed pursuant to Section 66292.3. 
   (3) A description any public information or awareness campaigns
against discrimination, as described in Section 66270, provided by
the postsecondary educational institution. 
    (b)     A person who declares as true any
material matter required by this section that he or she knows to be
false shall be subject to a civil penalty not exceeding fifty
thousand dollars ($50,000). The civil penalty provided for in this
subdivision shall be exclusively assessed and recovered by the
Attorney General in a civil action brought in the name of the people
of the State of California in any court of competent jurisdiction
 .