Amended in Assembly May 2, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1888


Introduced by Assembly Member Low

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(Coauthors: Assembly Members Atkins and Eggman)

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(Coauthor: Senator Leno)

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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 subjectbegin delete a studentend deletebegin insert an applicant, student,end insert 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 notbegin insert have,end insert apply for,begin delete or receive,end deletebegin insert or receiveend insert a waiver by the United States Department of Education from nondiscrimination requirements for the receipt of federalbegin delete funds.end deletebegin insert 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.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 69433.3 is added to the Education Code,
2to read:

3

69433.3.  

begin insert(a)end insertbegin insertend insertAs a condition for its voluntary participation in
4the Cal Grant Program, each Cal Grant participating institution
5shall, commencing with the 2017-18 academic year, certify to the
6commission in the institution’s participation agreement for the Cal
7Grant Program both of the following:

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8(a) The

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9begin insert(1)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertbegin insertExcept as provided in subparagraph (B) or (C), theend insert
10 institution shall not subjectbegin delete a studentend deletebegin insert an applicant, student,end insert or
11employee of the institution to discrimination on begin delete any basis listed
12in Section 66270, including sex, sexual orientation, gender identity,
13or gender expression.end delete
begin insert the basis of disability, gender, gender
14identity, gender expression, nationality, race or ethnicity, religion,
15sexual orientation, or any characteristic listed or defined in Section
1611135 of the Government Code or any other characteristic that is
17contained in the prohibition of hate crimes set forth in subdivision
18(a) of Section 422.6 of the Penal Code.end insert

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19
(B) For purposes of subparagraph (A), a religious educational
20institution may hire and employ, or admit and enroll, persons of
21a particular religion if that educational institution is controlled
22by a religious institution and the educational institution is directed
23toward the propagation of that particular religion.

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24
(C) For purposes of subparagraph (A), an institution that
25traditionally and continually from its establishment has had a
P3    1policy of admitting only students of one sex may continue that
2practice.

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3(b)

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4begin insert(2)end insertbegin insert(A)end insertbegin insertend insertThe institution shall notbegin insert have,end insert apply for, orbegin delete receive,end delete
5begin insert receiveend insert a waiver by the United States Department of Education
6from federal nondiscrimination requirements for the receipt of
7funds under Title IX of the Education Amendments of 1972 (20
8U.S.C. Sec. 1681, et seq.).

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9
(B) Subparagraph (A) does not apply to an institution that
10applied for and received a waiver as described in subparagraph
11(A) and that has provided evidence to the commission that it
12relinquished that waiver before the commencement of the 2017-18
13academic year.

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14
(b) An institution that is ineligible for participation in the Cal
15Grant Program under subdivision (a) shall be eligible for renewal
16Cal Grant awards for recipients who were enrolled at the ineligible
17institution during the academic year immediately preceding the
18academic year for which the institution is ineligible and who
19choose to renew their Cal Grant awards to attend the ineligible
20institution, to the same extent as if the recipients attended an
21eligible institution. This renewal option shall be available only for
22a recipient who continues to attend the ineligible institution and
23shall cease as soon as the recipient is no longer enrolled in that
24institution.

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