Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 176

Introduced by Assembly Member Bonta

January 26, 2015

An act to add Section 66027.1 to the Education Code, and to amend Section 8310.7 of the Government Code, relating to data collection.

LEGISLATIVE COUNSEL’S DIGEST

AB 176, as amended, Bonta. Data collection.

Existing law requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian groups and Pacific Island groups, and requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases. Existing law requires specified agencies to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups, and also requires those agencies to take additional actions, including, among other things, posting, and annually updating, the demographic data collected on their Internet Web sites, and updating the reporting categories to reflect these Asian and Pacific Islander groups as they are reported for the 2020 census.

This bill would add the State Department of Public Health to the list of agencies that are required to use the additional separate collection categories and other tabulations, and to take additional actions as specified above, including posting the demographic data collected on its Internet Web site. It would also require the updating of the reporting categories for future decennial censuses.

This bill begin delete would end delete begin insert would, on and after July 1, 2016, end insert require the Board of Governors of the California Community Colleges, the Trustees of the California State University, begin insert and end insert the Regents of begin delete the University of California, and each campus of the California Community Colleges, the California State University, and end delete the University of California, whenever begin delete they end delete begin insert those entities end insert collect demographic data as to the ancestry or ethnic origin of begin delete students, to use specified collection categories and tabulations for each major Asian group and each major Pacific Island group, as specified, and to include that data using those categories in every demographic report on ancestry or ethnic origins of students. end delete begin insert students for a report that includes student admission, enrollment, completion, or graduation rates, to use specified collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups, as specified. end insert The bill would require begin delete the data collected to be made end delete begin insert each entity specified above to make the demographic data end insert publicly available by posting the data begin delete by those categories end delete on the applicable begin delete campus or end delete entity’s Internet Web site and would require the updating of the reporting categories for each decennial census. The bill would specify that the bill’s provisions would be applicable to the University of California only if the Regents of the University of California, by resolution, make the provisions applicable.

To the extent the bill would impose additional requirements on community colleges, the bill would impose a state-mandated local program.

The California Constitution requires the State to reimburse local agencies and school districts for certain costs mandated by the State. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the State, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 66027.1 is added to the Education Code,
to read:

66027.1.  

(a)  begin delete Whenever end delete begin insert On or after July 1, 2016, whenever end insert
the Board of Governors of the California Community Colleges,
the Trustees of the California State University, begin insert or end insert the Regents of
the University of begin delete California, or any campus of the California
Community Colleges, the California State University, and the
University of end delete California collects demographic data as to the
ancestry or ethnic origin of begin delete students, separate collection categories
and tabulations shall be used for end delete begin insert students for a report that includes
student admission, enrollment, completion, or graduation rates,
the entity shall use separate collection categories and tabulations
in accordance with end insert the following:

begin delete

(1) Each major Asian group, including, but not limited to, Asian
Indian, Bangladeshi, Cambodian, Chinese, Filipino, Hmong,
Indonesian, Japanese, Korean, Laoatian, Malaysian, Pakistani, Sri
Lankan, Taiwanese, Thai, and Vietnamese.

(2) Each major Pacific Island group, including, but not limited
to, Fijian, Guamanian, Hawaiian, Samoan, and Tongan.

(3) The data collected as provided in this subdivision shall be
included in every demographic report on ancestry or ethnic origins
of students that is published or released by the applicable campus
or entity on or after July 1, 2016.

end delete begin insert

(1) No later than 18 months after a decennial United States
Census is released to the public, each entity shall use the collection
and tabulation categories for Asian, Native Hawaiian, and Pacific
Islander groups as they are reported by the United States Census
Bureau.

end insert begin insert

(2) Until the release of the next decennial United States Census
following the enactment of this section, each entity shall use the
collection and tabulation categories for Asian, Native Hawaiian,
and Pacific Islander groups that the entity used as of January 1,
2015.

end insert begin insert

(3) Each entity shall observe current standards regarding
compliance with the Family Educational Rights and Privacy Act
and shall observe criteria for ensuring statistical significance of
data collected and published.

end insert

(b)  begin delete Data collected as end delete begin insert Each entity shall make the demographic
data end insert specified in subdivision (a) begin delete shall be made end delete publicly available,
except for personal identifying information, which shall be deemed
confidential, by posting the data on the begin insert applicable entity’s end insert Internet
Web site begin delete of the applicable campus or entity end delete by July 1, 2016, and
shall begin delete be updated end delete begin insert update the data end insert annually thereafter. This
subdivision shall not be construed to prevent any other state agency
from posting data collected as specified in subdivision (a) on the
begin insert state end insert agency’s Internet Web site, in a manner prescribed by this
section or Section 8310.5 or 8310.7 of the Government Code.

begin delete

(c) Each entity and campus specified in subdivision (a) shall,
within 18 months after a decennial United States Census is released
to the public, update their data collection to reflect the Asian groups
and Native Hawaiian and Pacific Islander groups as they are
reported by the United States Census Bureau.

end delete begin insert

(c) As used in this section, “entity” means the Board of
Governors of the California Community Colleges, the Trustees of
the California State University, and the Regents of the University
of California.

end insert

(d) The provisions of this section shall apply to the University
of California only if the Regents of the University of California,
by resolution, make it applicable.

SEC. 2.  

Section 8310.7 of the Government Code is amended
to read:

8310.7.  

(a) This section shall only apply to the following state
agencies:

(1) The Department of Industrial Relations.

(2) The Department of Fair Employment and Housing.

(3) The State Department of Public Health.

(b) In addition to the duties imposed under Section 8310.5, the
state agencies described in subdivision (a), in the course of
collecting demographic data directly or by contract as to the
ancestry or ethnic origin of California residents, shall collect and
tabulate data for the following:

(1) Additional major Asian groups, including, but not limited
to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri
Lankan, Taiwanese, and Thai.

(2) Additional major Native Hawaiian and other Pacific Islander
groups, including, but not limited to, Fijian and Tongan.

(c) The state agencies identified in subdivision (a) shall make
any data collected pursuant to subdivision (b) publicly available,
except for personal identifying information, which shall be deemed
confidential, by posting the data on the Internet Web site of the
agency on or before July 1, 2012, and annually thereafter, except
for the State Department of Public Health, which shall post the
data on its Internet Web site by July 1, 2016, and annually
thereafter. This subdivision shall not be construed to prevent any
other state agency from posting data collected pursuant to
subdivision (b) on the agency’s Internet Web site, in the manner
prescribed by this section.

(d) The state agencies identified in subdivision (a) shall, within
18 months after a decennial United States Census is released to
the public, update their data collection to reflect the additional
Asian groups and additional Native Hawaiian and Pacific Islander
groups as they are reported by the United States Census Bureau.

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the State, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.