Bill Text: CA AB2326 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Equity in Higher Education Act: discrimination: compliance, regulations, and reports.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 827, Statutes of 2024. [AB2326 Detail]

Download: California-2023-AB2326-Amended.html

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Amended  IN  Assembly  April 18, 2024

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2326

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Introduced by Assembly Member Alvarez Members Alvarez and Mike Fong
(Coauthor: Senator Dodd)

February 12, 2024

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An act to amend Sections 66292, 66292.1, and 66292.2 of the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 2326, as amended, Alvarez. Equity in Higher Education Act: discrimination: compliance, regulations, and reports.

(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in the state. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state. Existing law requires the President of the University of California and the chancellor of each University of California campus to have primary responsibility for ensuring that campus programs and activities are free from discrimination based on age and specified characteristics.

This bill would revise and recast the above-described provision to require the chancellor of each University of California campus to have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on specified characteristics, including, but not limited to, the prevention of sexual harassment, as provided. The bill would require, among other requirements related to nondiscrimination, the office of the President of the University of California to annually submit and present a report to the Board of Regents on the state of the University of California system in ensuring that programs and activities are free from discrimination based on specified characteristics, as provided. The bill would also require the Chair of the Board of Regents and the President of the University of California to annually present during a public hearing of the Senate Budget Subcommittee on Education and the Assembly Budget Subcommittee on Education Finance the annual report described above.

(2) Existing law requires the Chancellor of the California State University and the president of each California State University campus to have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on age and specified characteristics.

This bill would revise and recast the above-described provision to instead require the president of each California State University campus to have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on specified characteristics, including, but not limited to, the prevention of sexual harassment, as provided. The bill would require, among other requirements related to nondiscrimination, the office of the Chancellor of the California State University to annually submit and present a report to the Board of Trustees on the state of the California State University system in ensuring that programs and activities are free from discrimination based on specified characteristics, as provided. The bill would also require the Chair of the Board of Trustees and the Chancellor of the California State University to annually present during a public hearing of the Senate Budget Subcommittee on Education and the Assembly Budget Subcommittee on Education Finance the annual report described above.

(3) Existing law requires the governing board of a community college district to have the primary responsibility for ensuring that community college district programs and activities are free from discrimination based on age and specified characteristics and requires the office of the Chancellor of the California Community Colleges to have responsibility for monitoring the compliance of each district with specified regulations.

This bill would revise and recast the above-described provision to instead require the governing board of a each community college district and the chief executive officer of each community college within chancellor of the community college district to have joint responsibility for ensuring that programs and activities offered by the community college district are free from discrimination based on specified characteristics, including, but not limited to, the prevention of sexual harassment, as provided. The bill would require, among other requirements related to nondiscrimination, the chancellor’s office to annually submit and present a report to the Board of Governors on the state of the California Community Colleges system in ensuring that community college district programs and activities are free from discrimination based on specified characteristics, as provided. The bill would also require the President of the Board of Governors and the Chancellor of the California Community Colleges to annually present during a public hearing of the Senate Budget Subcommittee on Education and the Assembly Budget Subcommittee on Education Finance the annual report described above. To the extent the bill would impose new duties on community college districts, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Section 66292 of the Education Code is amended to read:

66292.

 (a) The governing board of a each community college district and the chief executive officer of each community college within the chancellor of the community college district shall have joint responsibility for ensuring that programs and activities offered by the community college district are free from discrimination based on the characteristics listed in Section 66270, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5.

(b) The chancellor’s office shall have responsibility for monitoring each community college district’s compliance with subdivision (a).

(c) The chancellor’s office shall annually submit and present a report to the Board of Governors on the state of the California Community Colleges system in ensuring that community college district programs and activities are free from discrimination based on the characteristics listed in Section 66270. The report shall include an overview of the chancellor’s office’s efforts in monitoring and ensuring the compliance of each district with providing programs and activities that are free from discrimination, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5. The report shall include how each district is complying with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, and 67386.

(d) The Board of Governors shall annually review the California Community Colleges system’s regulations on nondiscrimination and shall revise the regulations as necessary to ensure that all community college districts are offering programs and activities that are free from discrimination based on the characteristics listed in Section 66270.

(e) The President of the Board of Governors and the Chancellor of the California Community Colleges shall annually present during a public hearing of the Senate Budget Subcommittee on Education the annual report described in subdivision (c). It is the intent of the Legislature that this presentation acts as a certification that the California Community Colleges are addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California Community Colleges system receives state student financial aid.

(f) The President of the Board of Governors and the Chancellor of the California Community Colleges shall annually present during a public hearing of the Assembly Budget Subcommittee on Education Finance the annual report described in subdivision (c). It is the intent of the Legislature that the presentation acts as a certification that the California Community Colleges are addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California Community Colleges system receives state student financial aid.

(g) As used in this section, the following definitions apply:

(1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges.

(2) “Board of Governors” means the Board of Governors of the California Community Colleges.

SEC. 2.

 Section 66292.1 of the Education Code is amended to read:

66292.1.

 (a) The president of each California State University campus shall have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on the characteristics listed in Section 66270, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5.

(b) The Chancellor of the California State University shall have responsibility for monitoring the compliance of each California State University campus with subdivision (a).

(c) The chancellor’s office shall annually submit and present a report to the Board of Trustees on the state of the California State University system in ensuring that programs and activities are free from discrimination based on the characteristics listed in Section 66270. The report shall include an overview of the chancellor’s office’s efforts in monitoring and ensuring the compliance of each campus with providing programs and activities free from discrimination, including, but not limited to, sexual harassment as defined in Section 66262.5. The report shall include how each campus is complying with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, and 67386.

(d) The Board of Trustees shall annually review the California State University system’s nondiscrimination policies and shall revise the policies as necessary.

(e) The Chair of the Board of Trustees and the Chancellor of the California State University shall annually present during a public hearing of the Senate Budget Subcommittee on Education the report described in subdivision (c). It is the intent of the Legislature that the presentation acts as a certification that the California State University is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California State University system receives state student financial aid.

(f) The Chair of the Board of Trustees and the Chancellor of the California State University shall annually present during a public hearing of the Assembly Budget Subcommittee on Education Finance the report described in subdivision (c). It is the intent of the Legislature that the presentation acts as a certification that the California State University is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California State University system receives state student financial aid.

(g) As used in this section, the following definitions apply:

(1) “Board of Trustees” means the Board of Trustees of the California State University.

(2) “Chancellor’s office” means the office of the Chancellor of the California State University.

SEC. 3.

 Section 66292.2 of the Education Code is amended to read:

66292.2.

 (a) The chancellor of each University of California campus shall have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on the characteristics listed in Section 66270, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5.

(b) The President of the University of California or the President’s designee shall have the responsibility for monitoring the compliance of each University of California campus with subdivision (a).

(c) The office of the President shall annually submit and present a report to the Board of Regents on the state of the University of California system in ensuring that programs and activities are free from discrimination based on the characteristics listed in Section 66270. The report shall include an overview of the office of the President’s efforts in monitoring and ensuring compliance of each campus with the providing programs and activities free from discrimination, including, but not limited to, sexual harassment as defined in Section 66262.5. The report shall include how each campus is complying with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, and 67386.

(d) The Board of Regents shall annually review the University of California system’s nondiscrimination policies and shall revise the policies as necessary.

(e) The Chair of the Board of Regents and the President of the University of California shall annually present the report described in subdivision (c) during a public hearing of the Senate Budget Subcommittee on Education. It is the intent of the Legislature that the presentation acts as a certification that the University of California is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the University of California system receives state student financial aid.

(f) The Chair of the Board of Regents and the President of the University of California shall annually present the report described in subdivision (c) during a public hearing of the Assembly Budget Subcommittee on Education Finance. It is the intent of the Legislature that the presentation acts as a certification that the University of California is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the University of California system receives state student financial aid.

(g) Section 67400 shall not apply to this section.

(h) As used in this section, the following definitions apply:

(1) “Board of Regents” means the Board of Regents of the University of California.

(2) “Office of the President” means the office of the President of the University of California.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.