Bill Text: CA SB1491 | 2023-2024 | Regular Session | Introduced

California Senate Bill 1491

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Postsecondary education: Equity in Higher Education Act.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2024-08-26 - In Senate. Ordered to engrossing and enrolling. [SB1491 Detail]

Download: California-2023-SB1491-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1491

Introduced by Senator Eggman

February 16, 2024

An act to amend Section 66290.2 of the Education Code, relating to student financial aid.

LEGISLATIVE COUNSEL'S DIGEST

SB 1491, as introduced, Eggman. Disclosures: Equity in Higher Education Act: Title IX: exemptions.

The Equity in Higher Education Act, among other things, prohibits a person from being subjected to discrimination on the basis of specified attributes, including sex, in any program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. Existing federal law, known as Title IX of the Education Amendments of 1972, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. Both the federal and state laws do not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization.

Existing law requires an institution that has an exemption from either the Equity in Higher Education Act or Title IX to make specified disclosures to the institution’s current and prospective students, faculty members, and employees, and to the Student Aid Commission, concerning the institution’s basis for having the exemption, and requires the commission to collect the information it receives and to post and maintain a list on the commission’s internet website of all institutions with the exemption and their respective bases for having the exemption.

This bill would, beginning with the 2026–27 school year, require the commission to provide a written notice to students who receive state financial aid regarding whether their postsecondary educational institution has an exemption from either the Equity in Higher Education Act or Title IX on file with the commission.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

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.