BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  ACR 82
          Author:   Hall (D)
          Amended:  4/6/10 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  6-1, 3/24/10
          AYES:  Romero, Alquist, Hancock, Liu, Maldonado, Price
          NOES:  Huff
          NO VOTE RECORDED:  Simitian, Wyland

           ASSEMBLY FLOOR  :  Read and adopted, 7/13/09


           SUBJECT  :    Public education:  Discrimination Free Zones

           SOURCE  :     California Faculty Association


           DIGEST  :    This resolution encourages public education  
          institutions to designate each campus as a  
          Discrimination-Free Zone to provide a safe haven from  
          intolerance or discrimination, to enact appropriate  
          procedures that meaningfully address acts of discrimination  
          that occur on campus, to notify parents and the campus  
          community of existing policies and procedures that  
          encourage tolerance of others, and to use existing  
          resources to identify themselves as "Discrimination-Free  
          Zones" to create a campus climate that welcomes diversity  
          and supports the tolerance of others.

           ANALYSIS  :    

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           Legislative Findings 

           1.California has the largest public school system in the  
            nation, pre-kindergarten through university, which is key  
            in addressing California's infrastructure and economic  
            needs, and represents a state that honors and respects  
            the diversity of its citizens.

          2.California's public educators encourage inclusiveness  
            among the students they educate, and serve the needs of a  
            diverse student body that reflects the diversity of the  
            state.  That diversity reflects the racial, cultural,  
            religious, disability, gender, gender identity, economic  
            circumstance, and sexual orientation of its citizens  
            seeking access to California's public education.

          3.The Legislature condemns all acts of discrimination,  
            intolerance, and hate aimed at individuals that reflect  
            the state's diversity.  Although numerous laws have been  
            enacted to oppose acts of discrimination, intolerance  
            continues to pervade many of our public schools and  
            colleges.

          4.The Legislature is committed to upholding fundamental and  
            inalienable rights, including the freedoms of religion,  
            speech, assembly, and privacy.

          This resolution:

          1.Encourages all public education institutions, working  
            with students, teachers, faculty, and other members of  
            the public education community, to designate each campus  
            as a "Discrimination-Free Zone" to provide a safe haven  
            from intolerance or discrimination.

          2.Encourages all public education institutions,  
            pre-kindergarten through university campuses, to develop  
            and enact policies that support tolerance and acceptance  
            of others regardless of their race or ethnicity,  
            religion, disability, gender, gender identity, sexual  
            orientation, nationality, or any other characteristics  
            that are contained in the definition of hate crimes set  
            forth in Section 422.55 of the Penal Code.


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          3.Encourages all public education institutions to enact  
            procedures, such as counseling services and conflict  
            management that meaningfully address acts of  
            discrimination that occur on campus.

          4.Encourages all public education institutions to notify  
            parents and the campus community of existing policies and  
            procedures that encourage tolerance of others.

          5.Encourages all public institutions to use existing  
            resources to identify themselves as "Discrimination-Free  
            Zones" through placards, signs, notices of available  
            services, and other appropriate identifications to create  
            a campus climate that welcomes diversity and supports the  
            tolerance of others.

           FISCAL EFFECT  :    Fiscal Com.:  No

           SUPPORT  :   (Verified  4/7/10)

          California Faculty Association (source)
          University of California
          California Latino Legislative Caucus
          Equality California
          Los Angeles Unified School District
          California School Employees Association
          California State PTA
          California State Student Association

           OPPOSITION  :    (Verified  4/8/10)

          Alameda Concerned Parents
          American College of Pediatricians
          Campaign for Children and Families
          Goleta Valley Junior High Concerned Parents
          Parents and Friends of Ex-Gays and Gays
          S.E.R.V.E. Alameda
          Traditional Values Coalition

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          while the state has enacted numerous laws to prohibit acts  
          of discrimination, intolerance continues to pervade many of  
          our schools and universities.  Every student, regardless of  
          their race, ethnicity, nationality, religion, disability,  

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          gender, gender identity or sexual orientation deserves a  
          campus climate that welcomes diversity and supports  
          tolerance of others.

          According to the California Faculty Association, the  
          sponsor of this resolution, there are ongoing acts of all  
          types of discrimination that harm the student body.  This  
          resolution encourages public education institutions to  
          further protect their students from discrimination.

           ARGUMENTS IN OPPOSITION  :    The American College of  
          Pediatricians is opposed because they believe it is not  
          clear how discrimination is defined.  Alameda Concerned  
          Parents has expressed opposition to this resolution because  
          they believe "sexual orientation and gender do not belong  
          in the same category with race because they are not  
          immutable."  They further believe that "sexual orientation  
          and gender are controversial issues with two legally  
          protected viewpoints, yet one viewpoint is being  
          systematically silenced in schools."


          CPM:cm  4/8/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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