SB 1146: Discrimination: postsecondary education.

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. Title IX provides a private right of action for violation of its provisions by a public postsecondary educational institution.

This bill would require an institution that has an exemption from either the Equity in Higher Education Act or Title IX to make specified disclosures to the institutions current and prospective students, faculty members, and employees, and to the Student Aid Commission, concerning the institutions basis for having the exemption. The bill would require the commission to collect the information it receives and post and maintain a list on the commissions Internet Web site of all institutions with the exemption and their respective bases for having the exemption.

This bill would make its provisions severable.