Bill Text: CA AB620 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
BILL NUMBER: AB 620 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Block
(Coauthors: Assembly Members Blumenfield and Portantino)
(Coauthors: Senators Kehoe and Yee)
FEBRUARY 16, 2011
An act to amend Sections 66010.2, 66251, 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, as introduced, Block. Public postsecondary education:
nondiscrimination and training: sexual orientation and gender
identity.
(1) Existing law, known as the Donahoe Higher Education Act,
establishes the missions and functions of the 3 segments of public
postsecondary education in the state, 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 require the Trustees of the California State
University and the Board of Governors of the California Community
Colleges, and would request the Regents of the University of
California, to adopt policies on harassment, intimidation, and
bullying to be included within the rules of student conduct governing
their respective segments of public postsecondary education.
(2) The Equity in Higher Education Act, which is 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 institutions of the state. For these purposes, the act
defines "gender" to include gender identity.
This bill would require each segment of public postsecondary
education to develop and implement professional development and
awareness training programs to, among other things, train faculty
with respect to generating an inclusive curriculum, address
harassment of individuals based on sexual orientation and gender
identity, train campus public safety officers about hate crimes and
harassment based on sexual orientation and gender identity, and train
financial aid advisors with respect to financial assistance for
lesbian, gay, bisexual, and transgender students. The bill would
request each of the segments to designate an employee at each of
their respective campuses to address the needs of lesbian, gay,
bisexual, and transgender faculty, staff, and students, and to share
demographic information collected by the segments regarding sexual
orientation and gender identity with the California Postsecondary
Education Commission (CPEC).
The bill would require the CPEC 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 require the CPEC to convene
focus groups to address student needs and to develop a best practices
list for improving quality of life for, and addressing the concerns
of, lesbian, gay, bisexual, and transgender faculty, staff, and
students. The bill would authorize the CPEC to provide training to
administrators of each of the segments based on the best practices
list.
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 and
gender identity within the scope of those programs and requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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, 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 governing boards of the California State
University and the California Community Colleges shall, and the
Regents of the University of California are requested, in collecting
data relative to gender, race, ethnicity, or other demographics, from
faculty, staff, or students, to allow the faculty, staff, and
students to identify their sexual orientation and gender identity 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 and gender identity on any new or updated form used for
the collection of demographic data.
(b) The governing boards of the University of California, the
California State University, and the California Community Colleges
are requested to share with the California Postsecondary Education
Commission information collected pursuant to subdivision (a), to the
extent that individuals from whom that information is collected
authorize that information to be released. The information shared
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. SEX 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,
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
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. 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
Education
66271.2. The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California are requested to,
develop and implement professional development and awareness training
programs that, at a minimum, meet all of the following requirements:
(a) The programs shall train faculty with respect to generating a
curriculum that is inclusive of all students.
(b) The programs shall provide strategies for addressing
harassment of lesbian, gay, bisexual, and transgender students in and
out of the classroom.
(c) The programs shall provide campus public safety officers with
training regarding hate crimes and harassment directed toward
lesbian, gay, bisexual, and transgender persons.
(d) The programs shall train financial aid advisors with respect
to the availability of scholarships specific to lesbian, gay,
bisexual, and transgender persons and provide training on how to
assist students with same-sex parents in completing financial aid
applications.
(e) The programs shall incorporate other content relevant to
lesbian, gay, bisexual, and transgender persons, as appropriate.
66271.3. The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California are requested to,
designate at each of their respective campuses an employee to address
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.
66271.4. (a) The California Postsecondary Education Commission
shall conduct an assessment of the campuses of the California
Community Colleges, California State University, and University of
California 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. The commission shall
make recommendations to each of those institutions based on that
assessment.
(b) The California Postsecondary Education Commission shall
convene focus groups to address the needs of lesbian, gay, bisexual,
and transgender students and to develop a best practices list of
recommendations for improving the quality of life at the campuses of
the California Community Colleges, California State University, and
University of California for, and addressing the concerns of,
lesbian, gay, bisexual, and transgender faculty, staff, and students.
The commission may provide training to administrators of each of the
segments of public postsecondary education based on the
recommendations in the best practices list.
(c) The California Postsecondary Education Commission shall
publish a summary of the recommendations developed pursuant to this
section on its Internet Web site.
SEC. 6. Section 66302 is added to the Education Code, to read:
66302. The Trustees of the California State University and the
Board of Governors of the California Community Colleges shall, and
the Regents of the University of California are requested to, adopt
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.
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 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 or , 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.
For
(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 California Postsecondary
Education Commission no later than January 1 of each year, commencing
January 1, 1993. The commission shall make these reports available
to the Legislature and the general public on its Internet Web site.
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 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, disability, or political or religious
beliefs of that person or group.
(d) This section does not apply to the governing board of
any a private postsecondary 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,
or age.
(d) No An applicant shall not
receive more than one type of Cal Grant Program award
concurrently. Except as provided in Section 69440, no
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) Commencing in 1999, the 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 or ,
sex , sexual orientation, or gender identity .
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 shall be 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, 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) No A legislative body
of a local agency shall not conduct
any a meeting in any
a facility that prohibits the admittance of any person,
or persons, on the basis of race, religious creed, color, national
origin, ancestry, or sex, sexual orientation,
or gender identity, or which 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) No 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.
