As amended June 29, 2016.
Text of Bill S1146
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 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.
SECTION 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.
SECTION 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 if 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).
SECTION 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.
