Bill Text: CA AB1888 | 2015-2016 | Regular Session | Amended

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Bill Title: Cal Grants: nondiscrimination.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB1888 Detail]

Download: California-2015-AB1888-Amended.html

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BILL NUMBER: AB 1888	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 2, 2016
	AMENDED IN ASSEMBLY  MARCH 29, 2016

INTRODUCED BY   Assembly Member Low
    (   Coauthors:   Assembly Members 
 Atkins   and Eggman   ) 
    (   Coauthor:   Senator   Leno
  ) 

                        FEBRUARY 11, 2016

   An act to add Section 69433.3 to the Education Code, relating to
student financial aid.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1888, as amended, Low. Cal Grants: nondiscrimination.
   The Cal Grant Program establishes the Cal Grant A and B
Entitlement Awards, the California Community College Transfer
Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal
Grant C Awards, and the Cal Grant T Awards under the administration
of the Student Aid Commission, and establishes eligibility
requirements for awards under these programs for participating
students attending qualifying institutions.
   This bill would require, commencing with the 2017-18 academic
year, each Cal Grant participating institution, as a condition for
its voluntary participation in the Cal Grant Program, to certify to
the commission in the institution's participation agreement for the
Cal Grant Program that the institution shall not subject  a
student   an app   licant, student,  or
employee of the institution to discrimination on the basis of, among
other things, sex, sexual orientation, gender identity, or gender
expression, and that the institution shall not  have,  apply
for,  or receive,   or receive  a waiver
by the United States Department of Education from nondiscrimination
requirements for the receipt of federal  funds. 
 funds, except as provided. The bill would provide that an
institution that is ineligible for participation in the Cal Grant
Program under these   provisions is still eligible for
renewal Cal Grant awards for recipients who were enrolled in the
ineligible institution during the academic year immediately preceding
the academic year for which the institution is ineligible and who
choose to renew their Cal Grant awards to attend the ineligible
institution, to the same extent as if the recipients attended an
eligible institution. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 69433.3 is added to the Education Code, to
read:
   69433.3.   (a)    As a condition for its
voluntary participation in the Cal Grant Program, each Cal Grant
participating institution shall, commencing with the 2017-18 academic
year, certify to the commission in the institution's participation
agreement for the Cal Grant Program both of the following: 
   (a) The 
    (1)     (A)     Except as
provided in subparagraph (B) or (C), the  institution shall not
subject  a student   an applicant, student,
 or employee of the institution to discrimination on 
any basis listed in Section 66270, including sex, sexual orientation,
gender identity, or gender expression.   the basis of
disability, gender, gender identity, gender expression, nationality,
race or ethnicity, religion, sexual orientation, or any characte
  ristic listed or defined in Section 11135 of the
Government Code or any other characteristic that is contained in the
prohibition of hate crimes set forth in subdivision (a) of Section
422.6 of the Penal Code.  
   (B) For purposes of subparagraph (A), a religious educational
institution may hire and employ, or admit and enroll, persons of a
particular religion if that educational institution is controlled by
a religious institution and the educational institution is directed
toward the propagation of that particular religion.  
   (C) For purposes of subparagraph (A), an institution that
traditionally and continually from its establishment has had a policy
of admitting only students of one sex may continue that practice.
 
   (b) 
    (2)   (A)    The institution shall not
 have,  apply for, or  receive,  
receive  a waiver by the United States Department of Education
from federal nondiscrimination requirements for the receipt of funds
under Title IX of the Education Amendments of 1972 (20 U.S.C. Sec.
1681, et seq.). 
   (B) Subparagraph (A) does not apply to an institution that applied
for and received a waiver as described in subparagraph (A) and that
has provided evidence to the commission that it relinquished that
waiver before the commencement of the 2017-18 academic year. 

   (b) An institution that is ineligible for participation in the Cal
Grant Program under subdivision (a) shall be eligible for renewal
Cal Grant awards for recipients who were enrolled at the ineligible
institution during the academic year immediately preceding the
academic year for which the institution is ineligible and who choose
to renew their Cal Grant awards to attend the ineligible institution,
to the same extent as if the recipients attended an eligible
institution. This renewal option shall be available only for a
recipient who continues to attend the ineligible institution and
shall cease as soon as the recipient is no longer enrolled in that
institution.