BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Alan Lowenthal, Chair 2011-2012 Regular Session BILL NO: AB 620 AUTHOR: Block AMENDED: June 15, 2011 FISCAL COMM: Yes HEARING DATE: June 22, 2011 URGENCY: No CONSULTANT:Kathleen Chavira NOTE : This bill has been referred to both the Senate Committees on Education and on Judiciary. A "do pass" motion should include a referral to the Senate Judiciary Committee. SUBJECT : Sexual Orientation and Gender Identity Equity in Higher Education. SUMMARY This bill establishes the Sexual Orientation and Gender Identity Equity in Higher Education Act which: Adds the attributes of sexual orientation, gender identity, and gender expression to existing nondiscrimination laws affecting postsecondary educational institutions, programs, and requirements. Requires the Trustees of the California State University (CSU) and requests the Regents of the University of California (UC) and local community college governing boards to take specified actions related to data collection, campus services and policies. Encourages the California Postsecondary Education Commission (CPEC) to undertake specified related activities. BACKGROUND Current law provides that it is the policy of the State of California to afford all persons, regardless of disability, gender, nationality, race or ethnicity, religion, sexual AB 620 Page 2 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. (Education Code § 66251) Current law also declares it a goal of public higher education that educational equity be achieved through educational environments in which each person, regardless of race, gender, age, disability or economic circumstances has a reasonable change to fully develop his or her potential. (Education Code § 66010.2) Current law provides that all students have the right to participate fully in the educational process, free from discrimination and harassment and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. Current law also declares the Legislature's intent that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impairs the access of students to equal educational opportunity. (Education Code § 66252 ANALYSIS This bill : 1) Adds the attributes of sexual orientation, gender identity, and gender expression to existing nondiscrimination laws affecting postsecondary educational institutions, programs, and requirements, including the existing definition of "hate violence" on campuses, prohibitions against discrimination in the awarding of Cal Grants, in state administration of federal student loan programs, and in the hiring of community college faculty. 2) Requires the CSU trustees and requests the Regents of the UC and local community college governing boards in AB 620 Page 3 collecting demographic data, to allow students, faculty, and staff to identify their sexual orientation, gender identity and gender expression on data collection forms and requests that this information be shared with the California Postsecondary Education Commission (CPEC). 3) Prohibits a governing board from being required to update existing forms to collect this data but requires that provision be made for its collection on any new or updated demographic data collection forms. 4) Requests that the public segments share this information with the California Postsecondary Education Commission (CPEC). 5) Requires the Trustees of the California State University and requests the Regents of the University of California and local community college governing boards to designate an employee at each campus as a point of contact for the needs of these students, and to adopt and publish policies on harassment, intimidation, and bullying to govern student behavior within their respective segments, as specified. 6) Encourages the CPEC to conduct an assessment and to make recommendations on the quality of life of these students at the campuses of the institutions. 7) Defines various terms for the bill's purposes. STAFF COMMENTS 1) Origin of the bill . In June 2009, the CPEC issued a paper, Access and Equity for all Students: Meeting the Needs of LGBT Students outlining policy recommendations supported by research and by individuals working in advocacy for LGBT students in higher education. The report found that LGBT students face many challenges that require additional campus services and resources and encouraged the CPEC to take specified actions in regards to these issues. This bill includes recommendations from the CPEC report. 2) Relevant budget activity . The Governor's proposed budget for 2011-12 contained several related AB 620 Page 4 provisions. Among other things, it proposes a $500 million reduction to both the UC and CSU and a $290 million reduction (when offset by proposed fee revenue) to the CCC. In addition, the Governor's May revise proposed the elimination of the CPEC. SUPPORT None received on this version. OPPOSITION None received on this version.