BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 176|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  AB 176
          Author:   Bonta (D), et al.
          Amended:  9/1/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  9-0, 6/24/15
           AYES:  Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning,  
            Pan, Vidak

           SENATE HEALTH COMMITTEE:  8-0, 7/8/15
           AYES:  Hernandez, Nguyen, Hall, Monning, Nielsen, Pan, Roth,  
            Wolk
           NO VOTE RECORDED:  Mitchell

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  77-1, 6/2/15 - See last page for vote

           SUBJECT:   Data collection


          SOURCE:    Author

          DIGEST:   This bill specifies requirements for the collection of  
          demographic data, by the state's public segments of  
          postsecondary education and the Department of Managed Health  
          Care (DMHC) pertaining to collection and tabulation categories  
          for Native Hawaiian (NH), Asian, and Pacific Islander (API)  
          groups.  

          ANALYSIS:   Existing law requires state agencies, boards, and  
          commissions that directly or by contract collect demographic  








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          data as to the ancestry or ethnic origin of Californians to use  
          separate collection categories and tabulations for each major  
          API group, including, but not limited to, Chinese, Japanese,  
          Filipino, Korean, Vietnamese, Asian Indian, Laotian, Cambodian,  
          Hawaiian, Guamanian, and Samoan. (Government Code § 8310.5)

          This bill:
              
          1)Requires the Board of Governors (BOG) of the California  
            Community Colleges (CCC) and the Trustees of the California  
            State University (CSU), and requests the Regents of the  
            University of California (UC), when collecting demographic  
            data on students for a report that includes student admission,  
            enrollment, completion, or graduation rates, to use specified  
            collection and tabulation categories for NH and API groups as  
            follows:

             a)   Until the release of the next decennial census, each  
               entity shall use the categories that they used as of  
               January 1, 2015.

             b)   Within 18 months after release of the decennial census,  
               each entity shall use NH and API categories as reported by  
               the United States Census Bureau.

             c)   Each entity shall also include the following categories,  
               Bangladeshi, Cambodian, Hmong Indonesian, Laotian,  
               Malaysian, Pakistani, Sri Lankan, Taiwanese, Thai, Fijian,  
               and Tongan.

             d)   Each entity shall comply with the Family Educational  
               Rights Privacy Act, and observe criteria for ensuring  
               statistical significance of data collected and published.

          1)Requires entities to make the collected demographic data  
            available on their websites, except for any personally  
            identifying information by July 1, 2016.

          2)Specifies that the provisions in this bill regarding  
            categorization requirements do not apply to graduate or  
            professional schools at UC and clarifies that this measure  
            applies to the UC only if the UC Regents, make it applicable  
            by resolution.  








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          3)Requires on or after July 1, 2016, the DMHC to collect and  
            report demographic data disaggregated into specified major  
            Asian, Native Hawaiian, and other Pacific Islander groups.

          4)Defines "entity" to mean the CCC BOG, the CSU Trustees, and  
            the UC Regents. 

          Comments 
          
          1)Need for the bill.  According to the author, aggregated data  
            of the API population in California fail to demonstrate unique  
            challenges of API subgroups particular with respect to  
            educational outcomes and health care.  Current law requires  
            the Department of Industrial Relations and Fair Employment and  
            Housing to collect disaggregated data for major API groups.  
            The author asserts that extending these data collection  
            requirements to other state agencies and public postsecondary  
            institutions will help to expose social and economic  
            disparities within the greater API population in California.  

            The provisions in this bill require the DMHC and the governing  
            boards of the CCC and CSU and request the UC Regents to report  
            and publish demographic data in a manner that recognizes API  
            subgroups. 

          2)Need for data disaggregation?  Academic and government  
            research demonstrate how statistical data of the API  
            population, when aggregated can inadvertently skew results  
            that can conceal the actual conditions and experiences of  
            subgroup populations particularly the Southeast Asian  
            community. To note, 2010 U.S. Census data shows low  
            educational attainment levels for Southeast Asians with only  
            15.4% of Hmong, 15% of Cambodian and 10.4% of Laotian  
            Americans with a Bachelor's degree or Higher compared to 50.2%  
            of Asians as a whole. Similarly, a 2013 report of API students  
            at the CSU, Fresno, "The Academic Challenges of Southeast  
            Asians at Fresno State," found significant educational  
            disparities of the API group and Southeast Asian community. A  
            closer look at the respective API ethnic groups showed that  
            97% of Hmong students were first generation college students  
            who came from larger households and 62% came from low income  
            household (less than 24,000 a year). The UC faculty also  
            prepared a report that highlights the need for disaggregation  
            of education data, among other things, for Southeast Asian,  







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            South Asian, Pacific Islander, and NH in the state. These  
            particular groups experience high rates of poverty, limited  
            English proficiency, and cultural barriers that have resulted  
            in low educational outcomes. 

            This bill seeks to identify the characteristics and  
            disparities within the API community by requiring the  
            California Community Colleges (CCC), CSU and requesting the UC  
            to report admissions, enrollment, completion and graduation  
            data for API students according to categories used by the  
            United States Census Bureau in the next decennial census in  
            2020. The 2010 and the most recent decennial census includes  
            Asian, Asian Indian, Chinese, Filipino, Japanese, Korean,  
            Vietnamese, other Asian, Native Hawaiian, Guamanian or  
            Chamorro, Samoan, other Pacific Islander. In order to ensure  
            that certain Southeast Asian and Pacific Islander groups are  
            captured, this bill specifies additional API and NH  
            categories.  

          3)Data collection at CSU, UC and CCC.  In 2009, the CSU  
            application was modified to provide applicants with over 50  
            different API categories from which to self-identify.   
            Similarly, UC's existing data collection practices go beyond  
            what's required by provisions in this bill. Lastly, the CCC  
            collects information on 11 different API communities on its  
            application "CCC Apply". It is unclear how the data is  
            reported or if it is published for public access. This bill  
            requires CCC, CSU and requests the UC to collect and publish  
            existing demographic data on their respective websites and  
            update the data annually by July 1, 2016. Data published after  
            the specified U.S. Census deadline must reflect the categories  
            outlined in this bill. 

          Prior Legislation
          
          AB 1737 (Eng, 2010) would have required certain state agencies  
          to use additional separate collection categories and tabulations  
          for major NH and API groups. AB 1737 was held on suspense in the  
          Assembly Appropriations Committee.
           
          AB 295 (Lieu, 2007) would have required various state entities  
          to report collected demographic data according to each major API  
          group and make the data available to the public to the extent  
          that disclosure did not violate confidentiality. AB 295 was  







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          vetoed by Governor Schwarzenegger whose message read:

            "I believe this bill is unnecessary and imposes additional  
            costs on state agencies at a time the state cannot afford  
            them. 

            Even as we work to move beyond divisions based on race, I  
            recognize there are times when it is appropriate for  
            government to sort data based on ethnicity. That is why  
            existing law gives state agencies the flexibility to expand  
            upon current demographic categories if necessary. Given this  
            flexibility, this bill is unnecessary. I encourage the  
            proponents of this measure to work with individual agencies if  
            they believe a circumstance exists where expanding the number  
            of ethnic categories for the purposes of data collection is  
            warranted."

          AB 2420 (Lieu, 2006), similar to this bill, would have expanded  
          from 11 to 23 the ancestry or ethnic origin collection  
          categories required to be collected by any state agency, board,  
          commission, CCC, or the CSU. AB 2420 was held on suspense in the  
          Senate Appropriations Committee. 
               
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee:  

           One-time costs of about $10,000 and ongoing cost of about  
            $10,000 per year for the CSU System to upgrade computer  
            systems and ensure proper reporting of student data (General  
            Fund).

           No significant costs are anticipated by the DMHC, as another  
            provision of existing law already requires the Department to  
            collect data in a manner that complies with the requirements  
            of this bill (Managed Care Fund).

           No significant costs are anticipated by the CCC System, as the  
            Chancellor's Office anticipates that the delayed  
            implementation in the bill will allow community college  
            districts to incorporate the required data system changes as  
            part of their ongoing system maintenance (General Fund).








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           No significant costs are anticipated by the UC (General Fund).


          SUPPORT:   (Verified8/28/15)


          Asian Pacific Islander Caucus
          California API Budget Partnership 
          California Asian Pacific Chamber of Commerce 
          California Black Health Network
          California Commission on Asian and Pacific Islander American  
          Affairs 
          California Community Colleges Chancellor's Office 
          California Faculty Association 
          California Immigrant Policy Center
          California Pan Ethnic Health Network 
          California State University 
          California Young Democrats Asian Pacific Islander Caucus 
          Community College League of California 
          Families in Good Health
          Fresno Center for New Americans
          Fresno Interdenominational Refugee Ministries, Inc.
          Healthy House Within a MATCH Coalition
          Hmong National Development, Inc. 
          Los Angeles and Pasadena Community Colleges Districts
          March of Dimes Foundation 
          Numerous individuals 
          San Jose Evergreen College 
          SEIU California 
          Southeast Asia Resource Action Center
          Stone Soup Fresno 
          The California Black Health Network
          The Campaign for College Opportunity 
          United Cambodian Community
          University of California 


          OPPOSITION:   (Verified8/28/15)


          None received


          ASSEMBLY FLOOR:  77-1, 6/2/15







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          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer,  
            Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Atkins
          NOES:  Harper
          NO VOTE RECORDED:  Chávez, Grove

          Prepared by:Olgalilia Ramirez / ED. / (916) 651-4105
          9/1/15 21:19:42


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