BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1653 (Weber) - Postsecondary education: campus climate ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 28, 2016 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill requires the California Community Colleges (CCC) Board of Governors (BOG), the California State University (CSU) Trustees, the governing body of each private postsecondary educational institution in the state and encourages each University of California (UC) campus, to generate a report every two years, as specified, pertaining campus climate. This bill also requires the CSU Trustees and community college district governing boards, and requests the UC Regents, to adopt and publish policies on harassment, intimidation, and bullying, as specified. Fiscal Impact: AB 1653 (Weber) Page 1 of ? The CCC indicates that costs related to reporting are anticipated to be minor. Additional costs would be incurred of up to $216,000 system wide to adopt and publish policies on harassment, intimidation, and bullying. These costs could be interpreted by the Commission on State Mandates to impose a reimbursable state mandate. See staff comments. (Proposition 98) One-time cost pressure to UC of up to $100,000 update the campus climate reporting portal to collect data and allow for data analysis to the extent they choose to comply with the requirements of the bill. In addition, every two years the UC would incur costs of $420,000 system wide related to collecting and analyzing data to generate a campus climate report. (General Fund) CSU anticipates costs to implement this bill would be minor. Background: Existing law provides that it is the state's policy 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. (Education Code § 66251) Existing law also 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. In addition, it declares that the state'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 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 access to equal educational opportunities. (EC § 66252) Existing law requires under the federal Title IX and the Jeanne Clery Act (Clery Act), colleges and universities, as a condition of federal student aid program participation, to publish annual AB 1653 (Weber) Page 2 of ? campus security reports, maintain crime logs, provide timely warnings of crimes that present a public safety risk, maintain ongoing crime statistics, establish certain rights for victims of sexual assault, and include certain security policies. The Violence Against Women Reauthorization Act amended the Clery Act to provide additional rights to campus victims of sexual assault, domestic violence, dating violence, and stalking. Part of the changes include expanding the campus crime statistics required to be reported beyond the Clery Act, to include domestic violence, dating violence and stalking, and crimes motivated by gender identity or national origin. This bill is reflective of the efforts of the Assembly Select Committee on Campus Climate. The committee issued a report with its recommendations in October 2014 which included that the UC, CSU, and CCC provide an annual report to the Legislature on recent challenges and developments related to campus climate. This bill implements the 2014 report recommendations and information from two follow-up hearings in 2015 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. Also, the author indicates that, existing law does not specifically address campus climate and that this measure would be the appropriate next step in creating some type of oversight of campus climate. Proposed Law: This bill requires the CCC Board of Governors, the CSU Trustees, and the governing body of each private postsecondary educational institution in the state, and encourages each UC campus, to each generate and post online a report, as specified, pertaining to campus climate. This report is required to be submitted to the Governor, Attorney General, and the Legislature. The biennial report must include: Recent administrative efforts intended to affect campus climate; AB 1653 (Weber) Page 3 of ? Recent campus program developments that impact campus climate related to gender, race, ethnicity, national origin, religion, sexual orientation, disability, and gender identity; and Recent administrative efforts to reduce student food insecurity and student homelessness. In addition, this bill requires the CCC Board of Governors, CSU Trustees, and the governing body of each independent institution of higher education, and encourages the UC Regents to create, review every two years, and update as necessary, policies regarding compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics and the federal Violence Against Women Reauthorization Act. This bill defines "campus climate" as a measure of an individual's experience within a learning environment, specifically focusing on the current attitudes, practices, policies, and behaviors of campus life that impact the success and retention of all members of a campus community. This bill also requires that if the CSU Trustees and the governing board of each community college district expend funds to support campus climate, they are required to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules governing student behavior within their respective segments. The UC Regents are requested to adopt such policies. Related Legislation: AB 340 (Weber, 2015) similar to this bill, would have also required the CSU and the CCC, and encouraged the UC to AB 1653 (Weber) Page 4 of ? report on campus climate efforts. AB 340 was vetoed by the Governor whose veto message indicated that the segments are already taking steps aimed at achieving the goals of the bill and that codifying a biennial report is not necessary. Staff Comments: This bill requires each segment to generate a biennium report on campus climate. It specifically requires the BOG to only request, not require, information from community college districts, making any information provided to the BOG voluntary and therefore not a reimbursable activity under state mandate law. This bill also requires that if community college districts and the CSU expend funds to support activities related to campus climate, they must adopt and publish policies on harassment, intimidation, and bullying. Campus climate is defined in the bill as a measure of an individual's experience within a learning environment, specifically focusing on the current attitudes, practices, policies, and behaviors of campus life that impact the success and retention of all members of a campus community. This broad definition could capture a wide range of activities for which community college districts expend funds which would trigger the requirement to adopt and publish required policies. If enacted, the requirements included in this bill could be viewed as "activities related to campus climate". Therefore, it is possible that the Commission on State Mandates could determine this to be a reimbursable state mandate based on practical compulsion - that there is no reasonable alternative but to comply. At an estimated cost of $2,000 to $3,000 per district to develop required policies, reimbursable state mandated costs could be $144,000 to $216,000 statewide. -- END --