Today's Law As Amended

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SB-691 Educational equity: immigration status.(2017-2018)



SECTION 1.

 Section 66251 of the Education Code is amended to read:

66251.
 It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, equal rights and opportunities in the postsecondary educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies for the commission of those prohibited acts.

SEC. 2.

 Section 66260.6 of the Education Code is amended to read:

66260.6.
 “Disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status,” includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.

SEC. 3.

 Section 66270 of the Education Code is amended to read:

66270.
 No person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any characteristic listed or defined in Section 11135 of the Government Code or any other characteristic that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, in any program or activity conducted by any postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.

SEC. 4.

 Section 66270.3 is added to the Education Code, to read:

66270.3.
 Nothing in this chapter shall be construed to require a postsecondary institution to offer admission or student financial aid to a nonimmigrant alien within the meaning of paragraph (15) of subdivision (a) of Section 1101 of Title 8 of the United States Code, as that paragraph exists on January 1, 2019. However, students granted status pursuant to subparagraphs (T) or (U) of paragraph (15), as specified, shall not be subjected to discrimination in admission or financial aid on the basis of immigration status.
SEC. 5.
 The Legislature finds and declares that the amendments of Sections 66251, 66260.6, and 66270 made by this act do not constitute a change in, but are declaratory of, existing law.