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 Islander 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 decennial census.
This bill would require the updating of the reporting categories for future decennial censuses. The bill would require, on or after July 1, 2016,begin delete the State Department of Health Care Services andend delete the Department of Managed Health Care to use the additional separate collection categories and other tabulations for specified Asian groups and Pacific Islander groups, and to take additional actions as specified above, under certain circumstances.
This bill 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, whenever those entities collect demographic data as to the ancestry or ethnic origin of 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 each entity specified above to make this demographic data publicly available by posting the data on the applicable entity’s Internet Web site and would require the updating of the reporting categories for each decennial census. The bill would not apply these categorization requirements to demographic data of graduate and professional schools of the University of California. The bill would be applicable to the University of California only if the Regents of the University of California, by resolution, make it 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 66027.1 is added to the Education Code,
2to read:
(a) On or after July 1, 2016, whenever the Board of
4Governors of the California Community Colleges, the Trustees of
5the California State University, or the Regents of the University
6of California collect demographic data as to the ancestry or ethnic
7origin of students for a report that includes student admission,
8enrollment, completion, or graduation rates, the entity shall use
9separate collection categories and tabulations in accordance with
10the following:
11(1) No later than 18 months after a decennial United States
12Census is released to the public, each entity shall use the collection
13and tabulation categories for Asian, Native Hawaiian, and Pacific
14Islander groups
as they are reported by the United States Census
15Bureau.
16(2) The categories used by each entity for Asian, Native
17American, and Pacific Islander groups, to the extent not already
18required pursuant to paragraph (1), shall also include the following:
19(A) Additional major Asian groups, including, but not limited
20to, Bangladeshi, Cambodian, Hmong, Indonesian, Laotian,
21Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
22(B) Additional major Native Hawaiian and Pacific Islander
23groups, including, but not limited to, Fijian and Tongan.
24(3) Until the release of the next decennial United States Census
25following the enactment of this section, each entity shall use the
26collection
and tabulation categories for Asian, Native Hawaiian,
27and Pacific Islander groups that the entity used as of January 1,
282015.
29(4) Each entity shall comply with the Family Educational Rights
30and Privacy Act and shall observe criteria for ensuring statistical
31significance of data collected and published.
32(b) Each entity shall make the demographic data specified in
33subdivision (a) publicly available, except for personal identifying
34information, which shall be deemed confidential, by posting the
35data on the applicable entity’s Internet Web site by July 1, 2016,
P4 1and shall update the data annually thereafter. This subdivision shall
2not be construed to prevent any other state agency from posting
3data collected as specified in subdivision (a) on the state agency’s
4Internet Web
site, in a manner prescribed by this section or Section
58310.5 or 8310.7 of the Government Code.
6(c) As used in this section, “entity” means the Board of
7Governors of the California Community Colleges, the Trustees of
8the California State University, and the Regents of the University
9of California.
10(d) This section shall not apply to demographic data of graduate
11or professional schools of the University of California.
12(e) This section shall apply to the University of California only
13if the Regents of the University of California, by resolution, make
14it applicable.
Section 8310.7 of the Government Code is amended
16to read:
(a) This section shall only apply to the following state
18agencies:
19(1) The Department of Industrial Relations.
20(2) The Department of Fair Employment and Housing.
21(3) Thebegin delete State Department of Health Care Services and theend delete
22 Department of Managed Health Care, on or after July 1, 2016,
23whenever collecting demographic data as to the ancestry or ethnic
24origin of persons for a report that includes the type and amount of
25health care coverage, rates for major diseases, leading causes of
26death
per demographic, subcategories for leading causes of
death
27in California overall, pregnancy rates, or housing numbers.
28(b) In addition to the duties imposed under Section 8310.5, the
29state agencies described in subdivision (a), in the course of
30collecting demographic data directly or by contract as to the
31ancestry or ethnic origin of California residents, shall collect and
32tabulate data for the following:
33(1) Additional major Asian groups, including, but not limited
34to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri
35Lankan, Taiwanese, and Thai.
36(2) Additional major Native Hawaiian and other Pacific Islander
37groups, including, but not limited to, Fijian and Tongan.
38(c) The state agencies identified
in subdivision (a) shall make
39any data collected pursuant to subdivision (b) publicly available,
40except for personal identifying information, which shall be deemed
P5 1confidential, by posting the data on the Internet Web site of the
2agency on or before July 1, 2012, and annually thereafter. This
3subdivision shall not be construed to prevent any other state agency
4from posting data collected pursuant to subdivision (b) on the
5agency’s Internet Web site, in the manner prescribed by this
6section.
7(d) The state agencies identified in subdivision (a) shall, within
818 months after a decennial United States Census is released to
9the public, update their data collection to reflect the additional
10Asian groups and additional Native Hawaiian and Pacific Islander
11groups as they are reported by the United States Census
Bureau.
If the Commission on State Mandates determines that
13this act contains costs mandated by the State, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.
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