Text of Bill S1146
SECTION 1. Section 66271 of the Education Code is repealed.
SECTION 2. Section 66271 is added to the Education Code, to read:
66271. (a) This chapter shall apply to a religious educational institution except with respect to prohibitions concerning religion.
(b) Nothing in this section shall be construed to permit discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, 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 the 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.
SECTION 3. 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 4. 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 5. Section 66292.8 is added to the Education Code, to read:
66292.8. (a) The changes to this chapter made by the act adding this section shall not be construed to affect either the current operation of the Cal Grant program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 or other provisions of law that prohibit discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, 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 the perception that any person has, or is perceived to have, any of those characteristics.
(b) The changes to this chapter made by the act adding this section shall not be construed to prohibit students from seeking civil remedies under the provisions of this chapter for discrimination.
(c) 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.
