Bill Text: CA AB2987 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2987 (Prior Session Legislation)

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

Bill Title: Public postsecondary education: sex discrimination complaints: status updates and notices.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2024-08-26 - Chaptered by Secretary of State - Chapter 205, Statutes of 2024. [AB2987 Detail]

Download: California-2023-AB2987-Amended.html

Amended IN Assembly March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2987

Introduced by Assembly Member Ortega

February 16, 2024

An act to ~~amend Section 33316 of the Education Code, relating to the State Department of Education.~~ add Section 66281.4 to the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 2987, as amended, Ortega. ~~State Department of Education: duties.~~ Public postsecondary education: sex discrimination complaints: status updates and notices.

Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.
Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, disability or gender, in a 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.
This bill would require each California State University and California Community College campus, and would request each University of California campus, to provide status updates on the outcomes of complaints of sex discrimination to the complainants and respondents, except for those who opt to not receive the updates. The bill would require each California State University and California Community College campus, and would request each University of California campus, to provide, within 3 schooldays of a decision of disciplinary action being made against a respondent in response to a complaint of sex discrimination, notice of the disciplinary action to the respondent. By imposing 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.
Existing law establishes the State Department of Education under the administration of the Superintendent of Public Instruction, and assigns to the department numerous responsibilities relating to the governance of the public elementary and secondary schools in the state.
~~This bill would make nonsubstantive changes to provisions relating to certain duties of the department.~~

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

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

SECTION 1.

Section 66281.4 is added to the Education Code, to read:

66281.4.
(a) Each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, provide, only to the extent permissible under state and federal law, status updates on the outcomes of complaints of sex discrimination, including, but not limited to, complaints of sexual harassment, to complainants and respondents.
(b) Status updates shall not be provided pursuant to subdivision (a) to a complainant or respondent who opts to not receive the updates.
(c) Each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, provide, within three schooldays of a decision of disciplinary action being made against a respondent in response to a complaint of sex discrimination, notice of the disciplinary action to the respondent.

SEC. 2.
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.

SECTION 1.Section 33316 of the Education Code is amended to read:
33316.
~~The department shall do all of the following:~~
~~(a)Revise and update budget manuals, forms, and guidelines.~~
~~(b)Cooperate with federal and state agencies in prescribing rules and regulations, and instructions required by those agencies.~~
~~(c)Assess the needs and methods of collecting and disseminating financial information.~~
~~(d)Conduct workshops and conferences for the purpose of training school district and county personnel.~~
~~(e)Provide consultant services to colleges and universities on courses of instruction relative to school budgets and accounting practices.~~
(f)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of any certificated person who knowingly and willfully reports false fiscal expenditure data relative to the conduct of any educational program. This requirement applies only if, in the course of their normal duties, a representative of the department discovers information that gives them reasonable cause to believe that false fiscal expenditure data relative to the conduct of any educational program has been reported.