(a) An educational institution which uses testing or other materials for appraising or counseling pupils shall not use different materials for pupils on the basis of their sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability. The use of materials that permit or require the impermissible differential treatment of pupils on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability is not permitted unless such different materials cover the same occupations and interest areas and the use of such different materials is essential to the elimination of bias and discrimination.

(b) An educational institution may use different materials if they are shown to encourage members of any protected categories identified in subdivision (a) to enter courses, programs, activities, or occupations which are not traditionally entered by the members of the protected categories identified in subdivision (a).

(c) Where the use of a counseling or evaluation instrument results in disproportionate numbers of members of one of the protected categories identified in subdivision (a) above in any particular course, program, activity or occupation, the educational institution shall take such action as is necessary to ensure that such disproportionate numbers are not the result of discrimination in the instrument or its application.

(d) Where an educational institution finds that a particular course contains a substantially disproportionate number of individuals of one group, the educational institution shall assure that such disproportion is not the result of discrimination in counseling policy or practice, or appraisal materials or discrimination by counselors, or any other employee of the educational institution.