Bill Text: CA AB620 | 2011-2012 | Regular Session | Chaptered
Bill Title: Public postsecondary education: nondiscrimination and
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2011-10-08 - Chaptered by Secretary of State - Chapter 637, Statutes of 2011. [AB620 Detail]
Download: California-2011-AB620-Chaptered.html
BILL NUMBER: AB 620 CHAPTERED
BILL TEXT
CHAPTER 637
FILED WITH SECRETARY OF STATE OCTOBER 8, 2011
APPROVED BY GOVERNOR OCTOBER 8, 2011
PASSED THE SENATE AUGUST 31, 2011
PASSED THE ASSEMBLY SEPTEMBER 6, 2011
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JUNE 15, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
AMENDED IN ASSEMBLY MARCH 22, 2011
INTRODUCED BY Assembly Member Block
(Coauthors: Assembly Members Ammiano, Blumenfield, Brownley,
Galgiani, Gordon, Bonnie Lowenthal, Ma, Portantino, and Skinner)
(Coauthors: Senators Kehoe, Leno, Lieu, and Yee)
FEBRUARY 16, 2011
An act to amend Sections 66010.2, 66251, 66260.7, 67380, 69433.5,
69762, 87400, and 89307.2 of, to amend the heading of Chapter 4.5
(commencing with Section 66250) of Part 40 of Division 5 of Title 3
of, to add Sections 66027 and 66302 to, and to add Article 3.5
(commencing with Section 66271.2) to Chapter 4.5 of Part 40 of
Division 5 of Title 3 of, the Education Code, relating to public
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 620, Block. Public postsecondary education: nondiscrimination
and training: sexual orientation, gender identity, and gender
expression.
(1) Existing law, known as the Donahoe Higher Education Act,
establishes the missions and functions of the state's 3 segments of
public postsecondary education, which are the University of
California, the California State University, and the California
Community Colleges. The provisions of the Donahoe Higher Education
Act apply to the University of California only to the extent that the
Regents of the University of California, by resolution, make them
applicable.
Existing provisions of the Donahoe Higher Education Act require
the Regents of the University of California, the Trustees of the
California State University, and the governing boards of community
college districts to adopt or provide for the adoption of rules and
regulations governing student behavior, known as rules of student
conduct.
This bill would request the Trustees of the California State
University, the Regents of the University of California, and the
governing board of each community college district to adopt and
publish policies on harassment, intimidation, and bullying to be
included within the rules of student conduct governing their
respective segments of public postsecondary education. The bill would
express the intent of the Legislature that rules and regulations
governing student conduct be published, at a minimum, on the Internet
Web sites of each public postsecondary educational campus and as
part of any printed material covering those rules and regulations
within the respective public postsecondary education systems.
(2) The Equity in Higher Education Act, a part of the Donahoe
Higher Education Act, provides that it is the policy of the state to
afford all persons, regardless of disability, gender, nationality,
race or ethnicity, religion, sexual orientation, or other specified
bases, equal rights and opportunities in the postsecondary
educational institutions of the state. For these purposes, the act
defines "gender" to include gender identity.
This bill would revise the definition of gender to include "gender
expression" for purposes of the Equity in Higher Education Act. The
bill would request the Trustees of the California State University,
the Regents of the University of California, and the governing board
of each community college district to designate an employee at each
of their respective campuses as a point of contact to address the
needs of lesbian, gay, bisexual, and transgender faculty, staff, and
students. The bill would request each segment to collect aggregate
demographic information regarding sexual orientation and gender
identity of staff and students within other aggregate demographic
data collected, and would require annual transmittal of any report to
the Legislature, as specified, and posting of the information on the
Internet Web site of each respective institution.
The bill would encourage the Legislative Analyst to conduct an
assessment of the campuses of each of the segments of public
postsecondary education to develop recommendations to improve the
quality of life on those campuses for lesbian, gay, bisexual, and
transgender faculty, staff, and students, and to publish a summary of
those recommendations on its Internet Web site.
The bill would make various conforming changes to existing
nondiscrimination laws affecting postsecondary educational
institutions and programs, and requirements related to reporting hate
violence, as defined, to additionally include sexual orientation,
gender identity, and gender expression within the scope of those
programs and requirements.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66010.2 of the Education Code is amended to
read:
66010.2. The public elementary and secondary schools, the
California Community Colleges, the California State University, the
University of California, and independent institutions of higher
education share goals designed to provide educational opportunity and
success to the broadest possible range of our citizens, and shall
provide the following:
(a) Access to education, and the opportunity for educational
success, for all qualified Californians. Particular efforts should be
made with regard to those who are historically and currently
underrepresented in both their graduation rates from secondary
institutions and in their attendance at California higher educational
institutions.
(b) Quality teaching and programs of excellence for their
students. This commitment to academic excellence shall provide all
students the opportunity to address issues, including ethical issues,
that are central to their full development as responsible citizens.
(c) Educational equity not only through a diverse and
representative student body and faculty but also through educational
environments in which each person, regardless of race, gender, gender
identity, gender expression, sexual orientation, age, disability, or
economic circumstances, has a reasonable chance to fully develop his
or her potential.
SEC. 2. Section 66027 is added to the Education Code, to read:
66027. (a) (1) The Trustees of the California State University,
the Regents of the University of California, and the governing board
of each community college district are requested to, in collecting
data relative to gender, race, ethnicity, or other demographics, from
faculty, staff, or students, allow the faculty, staff, and students
to identify their sexual orientation, gender identity, and gender
expression on any forms used to collect that demographic data, as
appropriate.
(2) A governing board shall not be required to update an existing
form used to collect demographic data for purposes of this
subdivision, but shall provide for the identification of sexual
orientation, gender identity, and gender expression on any new or
updated form used for the collection of demographic data.
(b) The Regents of the University of California, the Trustees of
the California State University, and the Chancellor's Office of the
California Community Colleges are requested to report aggregate
information collected pursuant to subdivision (a), to the extent that
individuals from whom that information is collected authorize that
information to be released where other demographic data is
traditionally aggregated and reported for informational purposes and
is appropriate. Any report developed shall be transmitted to the
Legislature, pursuant to Section 9795 of, and notwithstanding Section
10231.5 of, the Government Code, no later than January 1 of each
year and shall be made available to the general public on the
Internet Web site of each respective institution. The information
reported pursuant to this subdivision shall not include any
individual identifying information.
SEC. 3. The heading of Chapter 4.5 (commencing with Section 66250)
of Part 40 of Division 5 of Title 3 of the Education Code is amended
to read:
CHAPTER 4.5. EQUITY IN HIGHER EDUCATION ACT
SEC. 4. Section 66251 of the Education Code is amended to read:
66251. It is the policy of the State of California to afford all
persons, regardless of disability, gender, gender identity, gender
expression, nationality, race or ethnicity, religion, sexual
orientation, or any other basis that is contained in the prohibition
of hate crimes set forth in subdivision (a) of Section 422.6 of the
Penal Code, equal rights and opportunities in the postsecondary
educational institutions of the state. The purpose of this chapter is
to prohibit acts that are contrary to that policy and to provide
remedies therefor.
SEC. 4.5. Section 66260.7 of the Education Code is amended to
read:
66260.7. "Gender" means sex, and includes a person's gender
identity and gender expression. "Gender expression" means a person's
gender-related appearance and behavior, whether or not
stereotypically associated with the person's assigned sex at birth.
SEC. 5. Article 3.5 (commencing with Section 66271.2) is added to
Chapter 4.5 of Part 40 of Division 5 of Title 3 of the Education
Code, to read:
Article 3.5. Sexual Orientation and Gender Identity Equity in
Higher Education
66271.2. The Trustees of the California State University, the
Regents of the University of California, and the governing board of
each community college district are requested to designate an
employee at each of their respective campuses as a point of contact
for the needs of lesbian, gay, bisexual, and transgender faculty,
staff, and students at the respective campus. At a minimum, the name
and contact information of that designated employee shall be
published on the Internet Web site for the respective campus and
shall be included in any printed and Internet-based campus
directories.
66271.3. The Legislative Analyst is encouraged to conduct an
assessment of the California Community Colleges, California State
University, and University of California systems with respect to the
quality of life at those campuses for lesbian, gay, bisexual, and
transgender faculty, staff, and students at the campuses of each of
those institutions. If an assessment is performed, the Legislative
Analyst is encouraged to use existing data provided pursuant to
Section 66027 and other information available to the general public,
and shall not be required to conduct new data collection or research
specifically to contribute toward any assessment. The Legislative
Analyst shall make recommendations to each of those institutions
based on that assessment, and shall publish a summary of the
recommendations developed pursuant to this section on its Internet
Web site. The California Community Colleges, the California State
University, and the University of California are encouraged to share
existing data or research, but are not required to conduct new data
collection or research specifically to contribute toward any
assessment managed by the Legislative Analyst pursuant to this
section.
SEC. 6. Section 66302 is added to the Education Code, to read:
66302. The Trustees of the California State University, the
Regents of the University of California, and the governing board of
each community college district are requested to adopt and publish
policies on harassment, intimidation, and bullying to be included
within the rules and regulations governing student behavior within
their respective segments of public postsecondary education. It is
the intent of the Legislature that rules and regulations governing
student conduct be published, at a minimum, on the Internet Web site
of each public postsecondary educational campus and as part of any
printed material covering those rules and regulations within the
respective public postsecondary education systems.
SEC. 7. Section 67380 of the Education Code is amended to read:
67380. (a) The governing board of each community college
district, the Trustees of the California State University, the Board
of Directors of the Hastings College of the Law, the Regents of the
University of California, and the governing board of any
postsecondary educational institution receiving public funds for
student financial assistance shall do all of the following:
(1) Require the appropriate officials at each campus within their
respective jurisdictions to compile records of both of the following:
(A) All occurrences reported to campus police, campus security
personnel, or campus safety authorities of, and arrests for, crimes
that are committed on campus and that involve violence, hate
violence, theft, destruction of property, illegal drugs, or alcohol
intoxication.
(B) All occurrences of noncriminal acts of hate violence reported
to, and for which a written report is prepared by, designated campus
authorities.
(2) Require any written record of a noncriminal act of hate
violence to include, but not be limited to, the following:
(A) A description of the act of hate violence.
(B) Victim characteristics.
(C) Offender characteristics, if known.
(3) (A) Make the information concerning the crimes compiled
pursuant to subparagraph (A) of paragraph (1) available within two
business days following the request of any student or employee of, or
applicant for admission to, any campus within their respective
jurisdictions, or to the media, unless the information is the type of
information exempt from disclosure pursuant to subdivision (f) of
Section 6254 of the Government Code, in which case the information is
not required to be disclosed. Notwithstanding paragraph (2) of
subdivision (f) of Section 6254 of the Government Code, the name of a
victim of any crime defined by Section 261, 262, 264, 264.1, 273a,
273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the
Penal Code shall not be disclosed without the permission of the
victim, or the victim's parent or guardian if the victim is a minor.
(B) For purposes of this paragraph and subparagraph (A) of
paragraph (1), the campus police, campus security personnel, and
campus safety authorities described in subparagraph (A) of paragraph
(1) shall be included within the meaning of "state or local police
agency" and "state and local law enforcement agency," as those terms
are used in subdivision (f) of Section 6254 of the Government Code.
(4) Require the appropriate officials at each campus within their
respective jurisdictions to prepare, prominently post, and copy for
distribution on request, a campus safety plan that sets forth all of
the following: the availability and location of security personnel,
methods for summoning assistance of security personnel, any special
safeguards that have been established for particular facilities or
activities, any actions taken in the preceding 18 months to increase
safety, and any changes in safety precautions expected to be made
during the next 24 months. For the purposes of this section, posting
and distribution may be accomplished by including relevant safety
information in a student handbook or brochure that is made generally
available to students.
(5) Require the appropriate officials at each campus within their
respective jurisdictions to report information compiled pursuant to
paragraph (1) relating to hate violence to the governing board,
trustees, board of directors, or regents, as the case may be. The
governing board, trustees, board of directors, or regents, as the
case may be, shall, upon collection of that information from all of
the campuses within their jurisdiction, transmit a report containing
a compilation of that information to the Legislative Analyst no later
than January 1 of each year and shall make the report available to
the general public on the Internet Web site of each respective
institution. It is the intent of the Legislature that the governing
board of each community college district, the Trustees of the
California State University, the Board of Directors of the Hastings
College of the Law, the Regents of the University of California, and
the governing board of any postsecondary educational institution
receiving public funds for student financial assistance establish
guidelines for identifying and reporting occurrences of hate
violence. It is the intent of the Legislature that the guidelines
established by these institutions of higher education be as
consistent with each other as possible. These guidelines shall be
developed in consultation with the Department of Fair Employment and
Housing and the California Association of Human Rights Organizations.
(b) Any person who is refused information required to be made
available pursuant to subparagraph (A) of paragraph (1) of
subdivision (a) may maintain a civil action for damages against any
institution that refuses to provide the information, and the court
shall award that person an amount not to exceed one thousand dollars
($1,000) if the court finds that the institution refused to provide
the information.
(c) For purposes of this section, "hate violence" means any act of
physical intimidation or physical harassment, physical force or
physical violence, or the threat of physical force or physical
violence, that is directed against any person or group of persons, or
the property of any person or group of persons because of the
ethnicity, race, national origin, religion, sex, sexual orientation,
gender identity, gender expression, disability, or political or
religious beliefs of that person or group.
(d) This section does not apply to the governing board of a
private postsecondary educational institution receiving funds for
student financial assistance with a full-time enrollment of less than
1,000 students.
(e) This section shall apply to a campus of one of the public
postsecondary educational systems identified in subdivision (a) only
if that campus has a full-time equivalent enrollment of more than
1,000 students.
(f) Notwithstanding any other provision of this section, this
section shall not apply to the California Community Colleges unless
and until the Legislature makes funds available to the California
Community Colleges for the purposes of this section.
SEC. 8. Section 69433.5 of the Education Code is amended to read:
69433.5. (a) Only a resident of California, as determined by the
commission pursuant to Part 41 (commencing with Section 68000), is
eligible for an initial Cal Grant award. The recipient shall remain
eligible for award renewal only if he or she is a California
resident, in attendance, and making satisfactory academic progress at
a qualifying institution, as determined by the commission.
(b) A part-time student shall not be discriminated against in the
selection of Cal Grant Program award recipients, and an award to a
part-time student shall be approximately proportional to the time the
student spends in the instructional program, as determined by the
commission. A first-time Cal Grant Program award recipient who is a
part-time student shall be eligible for a full-time renewal award if
he or she becomes a full-time student.
(c) Cal Grant Program awards shall be awarded without regard to
race, religion, creed, sex, sexual orientation, gender identity,
gender expression, or age.
(d) An applicant shall not receive more than one type of Cal Grant
Program award concurrently. Except as provided in Section 69440, an
applicant shall not:
(1) Receive one or a combination of Cal Grant Program awards in
excess of the amount equivalent to the award level for a total of
four years of full-time attendance in an undergraduate program,
except as provided in Section 69433.6.
(2) Have obtained a baccalaureate degree prior to receiving a Cal
Grant Program award, except as provided in Section 69440.
(e) A Cal Grant Program award, except as provided in Section
69440, may only be used for educational expenses of a program of
study leading directly to an undergraduate degree or certificate, or
for expenses of undergraduate coursework in a program of study
leading directly to a first professional degree, but for which no
baccalaureate degree is awarded.
(f) The commission shall, for students who accelerate college
attendance, increase the amount of award proportional to the period
of additional attendance resulting from attendance in classes that
fulfill requirements or electives for graduation during summer terms,
sessions, or quarters. In the aggregate, the total amount a student
may receive in a four-year period may not be increased as a result of
accelerating his or her progress to a degree by attending summer
terms, sessions, or quarters.
(g) The commission shall notify Cal Grant award recipients of the
availability of funding for the summer term, session, or quarter
through prominent notice in financial aid award letters, materials,
guides, electronic information, and other means that may include, but
not necessarily be limited to, surveys, newspaper articles, or
attachments to communications from the commission and any other
published documents.
(h) The commission may require, by the adoption of rules and
regulations, the production of reports, accounting, documents, or
other necessary statements from the award recipient and the college
or university of attendance pertaining to the use or application of
the award.
(i) A Cal Grant Program award may be utilized only at a qualifying
institution.
SEC. 9. Section 69762 of the Education Code is amended to read:
69762. Loans made pursuant to this chapter shall be made without
regard to race, religion, creed, sex, sexual orientation, gender
identity, or gender expression.
SEC. 10. Section 87400 of the Education Code is amended to read:
87400. Governing boards of community college districts shall
employ for academic positions, only persons who possess the
qualifications therefor prescribed by regulation of the board of
governors. It is contrary to the public policy of this state for any
person or persons charged, by those governing boards, with the
responsibility of recommending persons for employment by those boards
to refuse or to fail to do so for reasons of race, color, religious
creed, sex, sexual orientation, gender identity, gender expression,
or national origin of those applicants for that employment.
SEC. 11. Section 89307.2 of the Education Code is amended to read:
89307.2. (a) A legislative body shall not conduct a meeting in a
facility that prohibits the admittance of any person, or persons, on
the basis of race, religious creed, color, national origin, ancestry,
sex, sexual orientation, gender identity, or gender expression, or
that is inaccessible to disabled persons, or where members of the
public may not be present without making a payment or purchase. This
section shall apply to every legislative body as defined in Section
89305.1.
(b) A notice, agenda, announcement, or report required under this
article need not identify any victim or alleged victim of tortious
sexual conduct or child abuse unless the identity of the person has
been publicly disclosed.
