BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 340|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 340
          Author:   Weber (D), et al.
          Amended:  7/8/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  8-0, 7/15/15
           AYES:  Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak
           NO VOTE RECORDED:  Runner

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/27/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  63-16, 6/3/15 - See last page for vote

           SUBJECT:   Postsecondary education:  campus climate:  report


          SOURCE:    Author
          
          DIGEST:   This bill requires the California Community Colleges  
          (CCC) Board of Governors (BOG) and the California State  
          University (CSU) Trustees, and encourages the University of  
          California (UC) Regents, to each generate a report, as  
          specified, pertaining campus climate.

          ANALYSIS: 

          Existing law:

          1)Declares it a shared goal of public education and independent  
            institutions of higher education to achieve educational equity  
            not only through a diverse and representative student body and  








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            faculty, but also 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 § 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, as specified,  
            equal rights and opportunities in the postsecondary  
            institutions of the state.  (EC § 66251)

          3)Declares that, consistent with specified federal law  
            provisions, 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,  
            sexism, and other forms of bias, and a responsibility to  
            provide equal educational opportunity.  It also 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 impair the access of  
            students to equal educational opportunities.  (EC § 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 § 66302)

          This bill:

          1)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 that include, but is not limited to, the following  
            elements:

             a)   New and recent administrative efforts intended to affect  







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               campus climate.

             b)   Recent campus program developments related to gender,  
               race, ethnicity, national origin, religion, sexual  
               orientation, disability, and gender identity that impact  
               campus climate.

             c)   Data, including, but not limited to, student demographic  
               data, and crime data, including, but not limited to, the  
               data required to be kept and disclosed under specified  
               federal law and other hate crime statistics.

          2)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 send it to the Governor, the  
            Attorney General, and the appropriate policy committees of the  
            Legislature.

          3)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.

          4)Deletes the request that the CSU Trustees and each community  
            college district governing board adopt and publish policies on  
            harassment, intimidation, and bullying as part of their rules  
            and regulations governing student behavior and instead,  
            requires such action if the governing body expends funds to  
            support activities related to campus climate, as defined. 

          5)Requests the UC Regent adopt and publish policies on  
            harassment, intimidation, and bullying to be included within  
            their rules and regulations governing student behavior. 

          Comments

       1)Source of the bill.  This bill is a result of the efforts of the  
            Assembly Select Committee on Campus Climate.  According to the  
            author, "The select committee sought to examine public 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  







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            campuses are safe and welcoming environments for all  
            students."  The author contends that, existing law does not  
            specifically address campus climate and that this bill is the  
            appropriate next step in creating some type of oversight of  
            campus climate.  According to the author, the UC recently  
            conducted a system-wide campus climate survey which revealed  
            that every campus handles related situations differently.  As  
            California's higher education systems continue to grow and  
            become increasingly diverse, students need to feel safe on  
            campus and knowledgeable about campus procedures, policies,  
            and services. 

       2)Assembly Select Committee on Campus Climate.  Created by former  
            Speaker John Perez in 2014, the select committee was a result  
            of a number of incidents such as a 2013 case involving an  
            African-American student who experienced on-campus racial  
            bullying at San Jose State.  The committee held four hearings  
            throughout the state and heard from system-wide  
            representatives, university administrators, faculty,  
            university staff, students, community organizations and policy  
            experts.  The committee issued a report with its  
            recommendations in October 2014. Among other things, the  
            committee recommended that the UC, CSU and CCC provide an  
            annual report to the Legislature on recent challenges and  
            developments in regards to campus climate. This bill  
            implements these report recommendations with the intent that  
            there be a certain level of oversight and that the Legislature  
            be kept informed of any major changes at California colleges  
            and universities. 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, the  
          requirement to adopt policies on harassment, intimidation, and  
          bullying could be determined to be a reimbursable state mandate  
          for community college districts with state costs of about  
          $144,000 and could create pressure to increase the CCC mandate  
          block grant to reflect these increased costs.  The UC and CSU  
          indicate that this bill is largely consistent with current  
          practices and therefore would absorb any associated costs.  


          SUPPORT:   (Verified8/27/15)







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          Board of Governors of the California Community Colleges
          California Conference of the NAACP
          California Federation of Teachers
          California State University


          OPPOSITION:   (Verified8/27/15)


          None received

          ASSEMBLY FLOOR:  63-16, 6/3/15
          AYES:  Achadjian, Alejo, Travis Allen, Bloom, Bonilla, Bonta,  
            Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu,  
            Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden,  
            Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian,  
            O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,  
            Ting, Weber, Wilk, Williams, Wood, Atkins
          NOES:  Baker, Bigelow, Brough, Dahle, Beth Gaines, Gallagher,  
            Grove, Harper, Jones, Kim, Mathis, Melendez, Obernolte,  
            Patterson, Wagner, Waldron
          NO VOTE RECORDED:  Chang

          Prepared by:Kathleen Chavira / ED. / (916) 651-4105
          8/31/15 8:55:01


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