BILL NUMBER: SB 1146 CHAPTERED
BILL TEXT
CHAPTER 888
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 30, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
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 and 66290.2 to the Education Code,
relating to discrimination.
LEGISLATIVE COUNSEL'S DIGEST
SB 1146, 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 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 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 with the exemption
and their respective bases for having the exemption.
This bill would make its provisions severable.
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) 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) (1) 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)) 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. 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.