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SB-1146 Discrimination: postsecondary education.(2015-2016)



Current Version: 09/30/16 - Chaptered         Compare Versions information image


SEC. 2. SECTION 1. 

 Section 66290.1 is added to the Education Code, to read:

66290.1.
 (a) Each  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 the  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 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. 2. 

 Section 66290.2 is added to the Education Code, to read:

66290.2.
 (a) Each (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)) 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.
(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.

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. 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 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.