BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 1654
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|Author: |Santiago |
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|Version: |May 27, 2016 Hearing |
| |Date: June 15, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Kathleen Chavira |
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Subject: Student safety: crime reporting
SUMMARY
This bill expands existing audit requirements regarding the
reporting of crime statistics by California postsecondary
education institutions by requiring the State Auditor to include
an evaluation of institutions' compliance with state law
governing crime reporting and the development and implementation
of student safety policies and procedures.
BACKGROUND
Existing federal law requires, under the federal 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. (Federal law citation, Title IX and the Clery Act)
Existing law requires, beginning no later than January 1, 2004,
the State Auditor to audit at least six colleges every three
years regarding to evaluate the accuracy of their statistics and
procedures for complying with the Clery Act's crime statistics
reporting requirements. The State Auditor is required to report
the audit results to the respective Chairs of the Assembly
Committee on Higher Education and the Senate Committee on
Education. (Education Code § 67382)
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ANALYSIS
This bill:
1) Expands audit requirements relative to the reporting of
crime statistics by California postsecondary education
institutions. It:
a) Requires the audit include an
evaluation of institutions' compliant with state law
governing crime reporting.
b) Requires the audit include an
evaluation of the institutions' development and
implementation of student safety policies and
procedures.
2) Deletes the requirement that the California Postsecondary
Education Commission post links to institutional Web sites
that include criminal statistics information.
3) Makes other technical changes.
STAFF COMMENTS
1) Need for the bill. According to the author, "The State
Auditor recently reviewed six California postsecondary
institutions, finding that none were in full compliance
with federal laws (the Clery and Reauthorization Acts) that
require disclosure of campus crime statistics and campus
security policies. The Auditor also surveyed 79 campuses,
determining most provide security policies and crime
statistics online but some lack notification of
availability.
"Inaccurate and/or incomplete reporting of crime statistics
by postsecondary institutions can provide an inadequate
representation of campus safety to students, parents, and
employees. Furthermore, various complex provisions have
been recently added to the state Education Code in regards
to campus safety and sexual assault, and it is unknown how
well postsecondary institutions are complying with these
new laws.
2) Related state audit. In July 2015, the Bureau of State
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Audits (BSA) issued a report, California's Postsecondary
Educational Institutions: More Guidance Is Needed to
Increase Compliance with Federal Crime Reporting
Requirements. The BSA visited six institutions to determine
whether their annual security reports issued in 2014
contained all required security policies and accurate crime
statistics for 2013. These included Fresno City College,
San Francisco State University, Shasta College, Stanford
University, University of California at San Diego, and
University of Redlands. They also surveyed 79 of the 573
campuses that reported no Clery Act crimes for 2013 to
determine whether their institutions' procedures for
compiling and distributing the statistics were sufficient.
The BSA found that none of the six institutions were in
full compliance with the Clery Act requirements. In
addition, of the 79 campuses surveyed, while most indicated
that they have sufficient processes in place to help ensure
that they report accurate crime statistics, the BSA felt
that some institutions needed to strengthen their practices
for notifying students and employees of the availability of
their annual security reports.
Among other things, the Auditor recommended the
institutions correctly report all applicable crimes and
disclose the required campus security policies by reviewing
and adhering to applicable guidance related to the Clery
Act, creating written procedures that clearly describe the
review process for reporting, and ensuring that they
include all crimes in their daily crime log.
SUPPORT
California State Student Association
Crime Victims United of California
OPPOSITION
None received.
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