Opinion No. (2000)

BILL LOCKYER Attorney General ROBERT L. MUKAI Deputy Attorney General The HONORABLE SCOTT R. BAUGH, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: Is a postsecondary educational institution that is not directly owned or operated by a church or similar religious entity but rather by a nonprofit, tax exempt organization governed by an independent board of trustees under policies which follow specific religious tenets exempt from the requirements of the Sex Equity in Education Act? CONCLUSION A postsecondary educational institution that is not directly owned or operated by a church or similar religious entity but rather by a nonprofit, tax exempt organization governed by an independent board of trustees under policies which follow specific religious tenets is exempt from the requirements of the Sex Equity in Education Act when a commitment to a religious purpose is manifest in its mission, as demonstrated by such traits as its historical origins, charter and bylaws, affiliation with a church or similar religious entity, and tax exempt status. ANALYSIS The Sex Equity in Education Act (Ed. Code, §§ 66250 - 66293 ; "Act") 1 prohibits certain…