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 




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          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 




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               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 




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               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.