Bill Text: CA AB2925 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Postsecondary education: Equity in Higher Education Act: prohibition on discrimination: training.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Engrossed) 2024-06-26 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR. [AB2925 Detail]
Download: California-2023-AB2925-Amended.html
NOYES
Local Program:
NOYES
SECTION 1. Section 56127 of the Education Code is amended to read: 56127.
Bill Title: Postsecondary education: Equity in Higher Education Act: prohibition on discrimination: training.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Engrossed) 2024-06-26 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR. [AB2925 Detail]
Download: California-2023-AB2925-Amended.html
|
Amended
IN
Assembly
March 19, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2925
| Introduced by Assembly |
February 15, 2024 |
An act to amend Section 56127 of the Education Code, relating to special education. 66252 of, and to add Sections 66268 and 66269 to, the Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2925, as amended, Friedman.
Special education: Superintendent of Public Instruction. Postsecondary education: Equity in Higher Education Act: prohibition on discrimination: training and notice.
The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California’s public and independent segments of higher education and their respective institutions of higher education. A provision of the act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the provision applicable.
A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, provides, among other things, that all students have the right to participate fully in the educational process, free from discrimination and harassment, and that California’s postsecondary educational institutions have an affirmative obligation to combat racism,
sexism, and other forms of bias, and a responsibility to provide equal educational opportunity.
This bill would instead provide that California’s postsecondary educational institutions have an affirmative obligation to combat racism, sex-based discrimination, hate-based discrimination, including anti-Semitism and Islamophobia, and other forms of discrimination, and a responsibility to provide equal educational opportunity. The bill would also state that it is the intent of the Legislature that each postsecondary educational institution undertake supportive measures to help students who have encountered discriminatory incidents, regardless of the location of the discriminatory incident, if the student feels the incident impairs their access to equal educational opportunities.
This bill would require the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and would request the University of California, to include training to combat and address anti-Semitism as part of any antidiscrimination training or diversity, equity, and inclusion training that is offered by the institution. The bill would require each postsecondary educational institution to annually notify students by email of their right to file a complaint with the United States Department of Education’s Office for Civil Rights if the student is subjected to discrimination, including anti-Semitic behavior, on campus, as provided. By imposing new requirements 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.
Existing law requires the Superintendent of Public Instruction to make recommendations in the areas of
curriculum, staff development, testing and multicultural assessment, and the development of materials for special education programs.
This bill would make nonsubstantive changes to that provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 66252 of the Education Code is amended to read:66252.
(a) All students have the right to participate fully in the educational process, free from discrimination and harassment.(b) California’s postsecondary educational institutions have an affirmative obligation to combat racism, sexism, sex-based discrimination, hate-based discrimination, including anti-Semitism and Islamophobia, and other forms of bias, discrimination,
and a responsibility to provide equal educational opportunity.
(c) Harassment on school grounds directed at an individual on the basis of personal characteristics or status creates a hostile environment and jeopardizes equal educational opportunity as guaranteed by the California Constitution and the United States Constitution.
(d) There is an urgent need to prevent and respond to acts of hate violence racism, sex-based discrimination, hate-based discrimination, including anti-Semitism and Islamophobia, and
bias-related incidents that are occurring at an increasing rate in California’s public schools. postsecondary educational institutions.
(e) There is an urgent need to teach and inform students in the public schools about their rights, as guaranteed by the federal and state constitutions, in order to increase students’ awareness and understanding of their rights and the rights of others, with the intention of promoting tolerance and sensitivity in postsecondary educational institutions and in society as a means of responding to potential harassment and hate violence.
violence caused by discrimination.
(f) It is the intent of the Legislature that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds campus and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds campus that impairs the access of students to equal educational opportunity.
(g) It is the intent of the Legislature that each postsecondary educational institution undertake supportive measures to help students who have encountered discriminatory incidents, regardless of the location of the discriminatory incident, if the student feels the incident impairs their access to equal educational opportunities.
(g)
(h) It is the intent of the Legislature that this chapter shall be interpreted as consistent with Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 1981,
2000d, et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)),
794), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal Equal Educational Opportunities Act (20 U.S.C. Sec. 1701, et seq.), the Unruh Civil Rights Act (Secs. 51 to 53, incl., Civ. C.), (Section 51 of the Civil Code), and the California Fair Employment and Housing Act (Pt. (Part 2.8 (commencing with Sec. 12900), Div. 3, Gov. C.),
Section 12900) of Division 3 of Title 2 of the Government Code), except where this chapter may grant more protections or impose additional obligations, and that the remedies provided herein in this chapter shall not be the exclusive remedies, but may be combined with remedies that may be provided by the above statutes.
SEC. 2.
Section 66268 is added to the Education Code, immediately preceding Section 66269, to read:66268.
(a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their race, color, or national origin, should enjoy freedom from discrimination of any kind, including harassment based on a person’s actual or perceived shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion, as described in Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 2000d, et seq.), in the postsecondary educational institutions of the state. All students, including those who are actually or are perceived to be Jewish, Israeli, Muslim, Arab, or Palestinian, and those who come from or are perceived to come from any region of the world, are entitled to a postsecondary educational environment free from discrimination based on race, color, or national origin.(b) The California Community Colleges, the California State University, independent institutions of higher education that receive state financial assistance, and private postsecondary educational institutions that receive state financial assistance shall, and the University of California is requested to, include training to combat and address anti-Semitism as part of any antidiscrimination training or diversity, equity, and inclusion training that is offered by the institution.
SEC. 3.
Section 66269 is added to the Education Code, immediately preceding Section 66270, to read:66269.
(a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their race, color, or national origin, should enjoy freedom from discrimination of any kind, including harassment based on their actual or perceived shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion, as described in Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 2000d, et seq.), in the postsecondary educational institutions of the state. All students, including those who are actually or are perceived to be Jewish, Israeli, Muslim, Arab, or Palestinian, and those who come from or are perceived to come from any region of the world, are entitled to a postsecondary educational environment free from discrimination based on race, color, or national origin.(b) Each postsecondary educational institution shall annually notify students by email of their right to file a complaint with the United States Department of Education’s Office for Civil Rights if the student is subjected to discrimination, including anti-Semitic behavior, on campus, and shall include the office’s contact information and how to file a complaint with the office.
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.The superintendent shall make recommendations in the areas of curriculum, staff development, testing and multicultural assessment, and the development of materials for special education programs.
