BILL ANALYSIS Ó
AB 340
Page 1
ASSEMBLY THIRD READING
AB
340 (Weber)
As Amended June 1, 2015
Majority vote
-------------------------------------------------------------------
|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+----------------------+--------------------|
|Higher |10-2 |Medina, Bloom, |Baker, Harper |
|Education | |Chávez, Irwin, | |
| | |Levine, Linder, Low, | |
| | |Santiago, Weber, | |
| | |Williams | |
| | | | |
|----------------+------+----------------------+--------------------|
|Appropriations |12-5 |Gomez, Bonta, |Bigelow, Chang, |
| | |Calderon, Daly, |Gallagher, Jones, |
| | |Eggman, Eduardo |Wagner |
| | |Garcia, Gordon, | |
| | |Holden, Quirk, | |
| | |Rendon, Weber, Wood | |
| | | | |
| | | | |
-------------------------------------------------------------------
SUMMARY: Requires the California Community Colleges (CCC) Board
of Governors (BOG) and the California State University (CSU)
Trustees, and encourages the University of California (UC)
AB 340
Page 2
Regents, to each generate a report, as specified, pertaining
campus climate. Specifically, this bill:
1)Defines "campus climate" to mean a measure of an individual's
experience within a learning environment, specifically on the
current attitudes, practices, policies, and behaviors of campus
life that impact the success and retention of all members of a
campus community.
2)Requires the CCC BOG and the CSU Trustees, and encourages the UC
Regents, to generate a report once every biennium of the
legislative session, beginning with the 2017-2018 Regular
Session.
3)Specifies that the report shall include, but not be limited to,
all of the following as to the respective segment:
a) New and recent administrative efforts intended to affect
campus climate;
b) Recent campus program developments that impact campus
climate related to the following: i) gender, ii) race, iii)
ethnicity, iv) national origin, v) religion, vi) sexual
orientation, vii) disability, and viii) gender identity; and,
c) Data, including, but not limited to, both of the
following: i) student demographic data, and ii) crime data,
including, but not limited to, the data required to be kept
and disclosed in accordance with the Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime Statistics Act (20
United States Code Section 1092(f)) and other hate crime
statistics.
AB 340
Page 3
4)Requires the CCC BOG and the CSU Trustees, and encourages the UC
Regents, to each post the respective segment's report on its
Internet Web site; and, to send said report to the Governor, the
Attorney General, and the appropriate policy committees of the
Legislature.
5)Specifies that the CCC BOG shall request, but not require, the
information, as specified, from CCC districts (CCDs); and, that
the CCC BOG report, as specified, shall be based on data
available from participating CCDs.
EXISTING LAW:
1)Declares it a goal of public higher education that educational
equity be achieved through educational environments in which
each person, regardless of race, gender, gender identity, gender
expression, sexual orientation, age, disability or economic
circumstances has a reasonable change to fully develop his or
her potential (Education Code(EC) Section 66010.2).
2)Provides that it is the policy of the State of California to
afford all persons, regardless of disability, gender, gender
identity, gender expression, nationality, race or ethnicity,
religion, sexual orientation, or any other basis that is
contained in the prohibition of hate crimes set forth in Penal
Code Section 422.6 (a), equal rights and opportunities in the
postsecondary institutions of the state (EC Section 66251).
3)Provides that all students have the right to participate fully
in the educational process, free from discrimination and
harassment and that California's postsecondary educational
institutions have an affirmative obligation to combat racism,
AB 340
Page 4
sexism, and other forms of bias, and a responsibility to provide
equal educational opportunity; and declares the Legislature's
intent that each postsecondary educational institution undertake
educational activities to counter discriminatory incidents on
school grounds and, within constitutional bounds, to minimize
and eliminate a hostile environment on school grounds that
impairs the access of students to equal educational
opportunities (EC Section 66252).
4)Requests the UC Regents, CSU Trustees, and the governing board
of each community college district to adopt and publish policies
on harassment, intimidation, and bullying to be included within
the rules and regulations governing student behavior within
their respective segments of public postsecondary education (EC
Section 66302).
5)The federal Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act (Clery Act) requires colleges
and universities, as a condition of federal student aid program
participation, to publish annual campus security reports,
maintain crime logs, provide timely warnings of crimes that
present a public safety risk, and maintain ongoing crime
statistics.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, the UC and CSU indicate that they can absorb any costs
associated with this measure, as it is generally consistent with
their existing efforts in this regard. The CCC Chancellor's
Office, in part, due to the system's decentralized nature, does
not currently collect much of the information required in the
report and thus will incur costs to obtain, review, compile, and
report information from districts that respond. Ongoing costs
would be up to $50,000 every two years thereafter.
COMMENTS: Background. Incidents in recent years at the UC and
AB 340
Page 5
CSU - targeting students of color, and the lesbian, gay,
bi-sexual, and transgender (LGBT) community, investigations of
racial and ethnic discrimination, and how sexual assaults and
violence have been handled - have greatly highlighted and brought
more attention to the need for the UC and CSU to address climate
challenges.
State response. Out of concern regarding recent campus climate
issues at various campuses of higher education, in the past few
years there have been several oversight hearings convened by this
committee to look at campus climate issues. Additionally, in the
2013-14 Regular Session, the Speaker of the Assembly created the
Assembly Select Committee on Campus Climate; which convened
several hearings in 2014 with the goal of continuing to strengthen
overall campus climate for our postsecondary institutions of
higher learning. This measure is a result of the Assembly Select
Committee on Campus Climate Report of October 2014.
Segment responses. The UC seeks to create and nurture an
atmosphere of respect and inclusion for all; in March 2014 the UC
(after a two-year system wide survey), released its campus climate
study. The study found many things, including, but not limited to
the following: 1) 79% of all respondents were comfortable or very
comfortable with the campus climate at UC, while 7% were
uncomfortable or very uncomfortable; 2) more than half of all
respondents thought that the overall campus climate was very
respectful or respectful of various races/ethnicities at UC; and,
3) more work must be done to address issues faced by certain
groups - underrepresented minority respondents were less
comfortable with the overall climate and workplace climate than
were white respondents and other people of color and transgender
respondents were less comfortable with the overall climate at
their campus than were men and women respondents.
To note: 1) many UC campuses have hired staff focused on campus
climate issues; 2) many programs are offered to reduce the impact
AB 340
Page 6
of unconscious bias in hiring and promotions, and to identify and
remove institutional barriers to inclusion an career development;
3) resource and student service centers have been established at
many campuses for certain populations (such as undocumented
students, veteran students, and LGBT students); 4) anti-hate
initiatives exist at many UC campuses that seek to educate
students; and 5) many UC campuses have student-led and cultural
activities.
The CSU is committed to maintaining an inclusive community that
values diversity and fosters tolerance and mutual respect. It is
CSU policy to provide equal opportunity for all persons regardless
of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, and veteran status.
The CSU has policies in place to help ensure that their students
and faculty are protected; campuses must implement preventative
education programs and make available victim resources, including
comprehensive victim services. Information regarding these
programs must be included in: 1) orientation programs for new
students, faculty and staff; 2) training for students who serve as
advisors in residence halls; and, 3) training for student athletes
and coaches.
Additionally, on a campus by campus basis, the CSU has created an
advisory body of non-CSU experts to advise and opine to the CSU
how to strengthen and enforce existing polices, as well as advise
if there is a need to create more policies that will allow the CSU
to maintain its policy of protection for all.
Purpose of this measure. This measure is a result of the work of
the Assembly Select Committee on Campus Climate. The author
states, "In 2014, the select committee sought to examine public
AB 340
Page 7
safety protocols and practices of California's higher education
institutions while exploring solutions to encourage campus safety
and promote healthier campus climates. The select committee's
mission was to ensure that the state's college campuses are safe
and welcoming environments for all students. As a result, the
select committee held three hearings throughout California to
examine policies and practices at campuses within a specific
region. The fourth hearing was held at the State Capitol where
recommendations were considered by the members of the select
committee."
The author contends that, existing law does not specifically
address campus climate and higher education. This measure would
be the appropriate next step in creating some type of oversight of
campus climate. The author states, "By requiring a report on
recent developments on campus climate, the three segments of
higher education would keep key policymakers informed about new
and ongoing endeavors and developments in regards to campus
climate. It would also offer a level of oversight to ensure that
progress is being made at California's public higher education
institutions as they work to meet the needs of a changing
demographic."
Analysis Prepared by:
Jeanice Warden / HIGHER ED. / (916) 319-3960 FN:
0000754
AB 340
Page 8