Bill Text: CA SB1146 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Discrimination: postsecondary education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-30 - Chaptered by Secretary of State. Chapter 888, Statutes of 2016. [SB1146 Detail]

Download: California-2015-SB1146-Amended.html

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BILL NUMBER: SB 1146	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 11, 2016
	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Lara

                        FEBRUARY 18, 2016

   An act to amend Section 66271 of, and to add Sections 66290.1,
66290.2, 66292.5, and 66292.8 to, the Education Code, relating to
postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1146, as amended, Lara. Postsecondary education:
nondiscrimination.
   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 limit the religious exemption from the Equity in
Higher Education Act to certain educational programs and activities
of a postsecondary educational institution that is controlled by a
religious organization. The bill would 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. The
bill would specify that an individual who is denied equal rights or
opportunities on the basis of gender identity, gender expression, or
sexual orientation by a postsecondary educational institution that
claims the Title IX exemption may seek appropriate remedies through
civil action for violations of the Equity in Higher Education Act.
 The bill would specify that its provisions shall not be
construed to alter how state financial assistance is granted or
denied to any postsecondary educational institution or students
attending that institution.  The bill would make the provisions
of the Equity in Higher Education Act 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 66271 of the Education Code is amended to read:

   66271.  This chapter shall not apply to educational programs or
activities offered by an educational institution that is controlled
by a religious organization to prepare students to become ministers
of the religion, to enter upon some other vocation of the religion,
or to teach theological subjects pertaining to the religion, if the
application of this chapter would not be consistent with the
religious tenets of that organization.
  SEC. 2.  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.
   (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.
  SEC. 3.  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.
  SEC. 4.  Section 66292.5 is added to the Education Code, to read:
   66292.5.  (a) Any individual who is denied equal rights or
opportunities on the basis of gender identity, gender expression, or
sexual orientation by a postsecondary educational institution 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)) may seek appropriate remedies both at law and in equity through
a civil action, including the award of monetary damages, for
intentional violations of this chapter.
   (b) Nothing in this section shall be construed to impair or impede
any other rights, causes of action, claims, or defenses available
under other law. The remedies provided in this section are cumulative
with any other remedies available under other law.
  SEC. 5.  Section 66292.8 is added to the Education Code, to read:

   66292.8.  The 
    66292.8.    (a) The changes to this chapter made by
the act adding this section shall not be construed to alter how state
financial assistance is granted or denied to any postsecondary
educational institution or students attending that institution. 

    (b)     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.