BILL NUMBER: AB 176 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 23, 2015
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 would would, on and after July
1, 2016, require the Board of Governors of the California
Community Colleges, the Trustees of the California State University,
and the Regents of the University of California,
and each campus of the California Community Colleges, the California
State University, and the University of California,
whenever they those entities collect
demographic data as to the ancestry or ethnic origin of
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.
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. The bill would require
the data collected to be made each entity
specified above to make the demographic data publicly available
by posting the data by those categories on the
applicable campus or 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) Whenever On or after July 1,
2016, whenever the Board of Governors of the California
Community Colleges, the Trustees of the California State University,
or the Regents of the University of California,
or any campus of the California Community Colleges, the California
State University, and the University of California collects
demographic data as to the ancestry or ethnic origin of
students, separate collection categories and tabulations shall be
used for 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 the following:
(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.
(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.
(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.
(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.
(b) Data collected as Each entity shall
make the demographic data specified in subdivision (a)
shall be made publicly available, except for personal
identifying information, which shall be deemed confidential, by
posting the data on the applicable entity's Internet Web
site of the applicable campus or entity by July 1,
2016, and shall be updated update the data
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 state agency's
Internet Web site, in a manner prescribed by this section or Section
8310.5 or 8310.7 of the Government Code.
(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.
(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.
(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.