BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | ACR 82| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 : CONTINUED ACR 82 Page 2 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. CONTINUED ACR 82 Page 3 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, CONTINUED ACR 82 Page 4 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 **** END **** CONTINUED