Today's Law As Amended


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SB-1491 Postsecondary education: Equity in Higher Education Act.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 66262.7 of the Education Code is amended to read:

66262.7.
 “Sexual orientation” means heterosexuality, homosexuality, or bisexuality. a person’s physical, emotional, and romantic attraction to other people. “Sexual orientation” includes, but is not limited to, heterosexuality, homosexuality, bisexuality, asexuality, and pansexuality. 

SEC. 2.

 Section 66271.2 of the Education Code is amended to read:

66271.2.
 (a)  The Trustees of the California State University, the Regents of the University of California,  University  and the governing board of each community college district are requested to  shall  designate an employee at each of their respective campuses as a point of contact for the needs of lesbian, gay, bisexual, and transgender asexual, pansexual, transgender, gender-nonconforming, intersex, and two-spirit  faculty, staff, and students at the respective campus. At a minimum, the name and contact information of that designated employee shall be published on the Internet Web site  internet website  for the respective campus campus,  and shall be included in any printed and Internet-based online  campus directories.
(b) An employee designated as a campus point of contact pursuant to subdivision (a) shall not be considered a responsible employee for purposes of Section 66281.8. An employee designated as a campus point of contact pursuant to subdivision (a) shall not disclose confidential information provided to them by faculty, staff, or students about any alleged act of sexual harassment, sexual violence, or discrimination without the prior written consent of the person who provided the information to the designated employee.
(c) (1) Notice provided to an employee designated as a campus point of contact pursuant to subdivision (a), or a service provided by the designated employee, pursuant to this section regarding an alleged act of sexual harassment, sexual violence, or discrimination, shall not be construed as actual or constructive notice to the public postsecondary educational institution of that alleged act for purposes of investigations under Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.).
(2) Paragraph (1) shall only be construed in a manner that is consistent with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.).
(d) The University of California is requested to comply with this section. This section shall apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make it applicable.

SEC. 3.

 Section 66290.2 of the Education Code is amended 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) paragraph (1)  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  internet website  of the institutions that have claimed the exemption with their respective bases for claiming or having the exemption.
(c) Beginning with the 2026–27 school year, the Student Aid Commission shall provide a written notice to students who receive state financial aid regarding whether their postsecondary educational institution has an exception pursuant to subdivision (a) on file with the commission. The written notice shall inform students of their right to report discrimination to the United States Department of Education’s Office for Civil Rights, and shall include the contact information, including the telephone number, office location, and email address, for the United States Department of Education’s Office for Civil Rights.

SEC. 4.

 Section 66302 of the Education Code is amended to read:

66302.
 (a) The Trustees of the California State University and the governing board of each community college district shall adopt and publish policies on harassment, intimidation, and bullying, and shall include these policies within the rules and regulations governing student behavior within their respective segments of public postsecondary education.
The Trustees   (b)  of the California State University, the Regents of the University of California, and the governing board of each community college district are requested to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within their respective segments of public postsecondary education.  It is the intent of the Legislature that rules and regulations governing student conduct be published, at a minimum, on the Internet Web site  internet website  of each public postsecondary educational campus and as part of any printed material covering those rules and regulations within the respective public postsecondary education system.
(c) The University of California is requested to comply with this section. This section shall apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make it applicable.
SEC. 5.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.