BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair AB 620 (Block) Hearing Date: 08/25/2011 Amended: 08/15/2011 Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 7-2, Judiciary 3-2 _________________________________________________________________ ____ BILL SUMMARY: AB 620 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 California State University (CSU) and requests the University of California (UC) and California Community Colleges (CCC) boards to take specified actions related to data collection, campus services and policies. Encourages the Legislative Analyst's Office (LAO) to undertake specified related activities. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund CSU implementation Potentially significant ongoing costs General UC implementation* Likely minor, potentially significant costs General CCC implementation* Potentially significant ongoing costs General LAO assessments ---- Significant ongoing costs ---- General *UC and CCC are both requested, not required, to implement most of the provisions. _________________________________________________________________ AB 620 (Block) Page 1 ____ STAFF COMMENTS: SUSPENSE FILE. This bill makes various substantive and clarifying changes to the public postsecondary institutions' policies and practices with regard to data collection of, and institutional interaction with, specified attributes of students and faculty. The costs of implementing this bill will depend upon how its various provisions are implemented at the campus and system-wide levels, as well as whether or not all institutions participate; most provisions require only CSU participation, and request UC and CCC compliance. This bill would encourage the LAO 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 website. Particular provisions of this bill rely on interactions and information sharing between the campuses and the LAO. In order to do so, the LAO would have to coordinate data gathering, the required assessment, and related reporting. This would likely result in significant additional workload for the LAO. While this bill does not require these activities, encouraging them creates cost pressure to complete them. This bill 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 awarding CalGrants, in state administration of federal student loan programs, and in hiring CCC faculty. These provisions are not expected to directly result in significant additional costs. This bill requires the CSU and requests the UC and CCCs in 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 LAO. This bill does not require forms to be updated immediately, but it does require AB 620 (Block) Page 2 changes to facilitate this data collection whenever existing demographic data forms are updated or new forms are adopted. It is unclear what constitutes an "update" for the purposes of requiring CSU to add the new demographic data points at that time. Under this bill, CSU would be required (and the UC and CCCs requested) to designate an employee at each campus as a point of contact for the needs of LGBT students, staff, and faculty. To the extent that campuses already have designated individuals, or could designate existing individuals, this requirement would be minor. It is unclear what, if any, additional workload might come with this designation. The CSU would further be required to adopt and publish policies on harassment, intimidation, and bullying to govern student behavior within their respective segments, as specified (and the UC and CCC would be requested to do so). Costs for this provision would depend on the process by which the CSU revises, adopts, and publishes those policies.