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 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 and 66290.2  
66290.1, 66290.2, and 66290.3  to the Education Code, 
and to add Section 11135.5 to the Government 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 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
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.  
   Existing law provides that no person in the state shall, on the
basis of race, national origin, ethnic group identification,
religion, age, sex, sexual orientation, color, genetic information,
or disability, be unlawfully denied full and equal access to the
benefits of, or be unlawfully subjected to discrimination under, any
program or activity that is conducted, operated, administered, or
funded by the state.  
   This bill would, except as provided, specify that a postsecondary
educational institution that is controlled by a religious
organization and that receives financial assistance from the state or
enrolls students who receive state financial assistance is subject
to that prohibition and violation of that prohibition may be enforced
by a private right of action. 
   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 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 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 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. 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. 3.    Section 11135.5 is added to the
Government Code, to read:
   11135.5.  (a) Notwithstanding any other law, a postsecondary
educational institution that is controlled by a religious
organization and that receives financial assistance from the state or
enrolls students who receive state financial assistance is subject
to Section 11135, and violation of that section may be enforced by a
private right of action as described in Section 11139.
   (b) This section shall not prohibit an institution, as described
in subdivision (a), from doing any of the following:
   (1) Providing housing or restroom accommodations reserved for
either male or female students if students are afforded housing or
restroom accommodations consistent with their gender identity.
   (2) Providing separate housing accommodations reserved primarily
for married students or for students with minor dependents who reside
with them if "married" includes both married opposite-sex and
married same-sex couples.
   (3) Enforcing rules of moral conduct and establishing housing
policies in accordance with these rules of moral conduct if the rules
are uniformly applicable to all students regardless of the student's
sexual orientation or gender identity.
   (4) Enforcing religious practices if these practices are uniformly
applicable to all students regardless of the student's sexual
orientation or gender identity.
   (5) Admitting only students of one sex if the institution
traditionally and continually from its establishment had that policy.

   (c) This section does not apply to an institution described in
subdivision (a) if the purpose of the institution is to prepare
students to become ministers of the religion or to enter upon some
other vocation of the religion and the application of this section
would not be consistent with the religious tenets of the
organization.
   (d) This section does not prevent an institution described in
subdivision (a) from prohibiting the use of the institution's real
property for any purpose that is not consistent with the religious
tenets of the organization.
   (e) Except for the provisions of Sections 11135 and 11139 and this
section, this article does not apply to an institution described in
subdivision (a). 
  SEC. 4.  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.