BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 176| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 176 Page 2 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. AB 176 Page 3 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, AB 176 Page 4 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 AB 176 Page 5 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). AB 176 Page 6 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 AB 176 Page 7 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 **** END ****