BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1726


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          Date of Hearing:  March 15, 2016


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 1726  
          (Bonta) - As Amended March 1, 2016


          [Note:  This bill is double referred to the Assembly Health  
          Committee and will be heard as it relates to issues under its  
          jurisdiction.]





          SUBJECT:  Data collection


          SUMMARY:  Requires the California Community Colleges (CCC) Board  
          of Governors (BOG), the California State University (CSU)  
          Trustees, California Department of Public Health (DPH), and  
          California Department of Health Care Services (DHCS), and  
          requests the University of California (UC) Regents, to  
          disaggregate demographic information for Native Hawaiian, Asian,  
          and Pacific Islander (API) groups.  Specifically, this bill: 


          1)Requires that on or after July 1, 2017, whenever the CCC BOG,  
            the CSU Trustees, or the UC Regents collect demographic data  
            as to the ancestry or ethnic origin of students for a report  
            that includes student admission, enrollment, completion, or  
            graduation rates, each entity shall do all of the following:









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             a)   Ensure that in the course of collecting demographic data  
               directly or by contract as to the ancestry or ethnic origin  
               of California residents, each entity shall collect and  
               tabulate data for the following:


               i)     Additional major Asian groups, including but not  
                 limited to, Bangladeshi, Hmong, Indonesian, Malaysian,  
                 Pakistani, Sri Lankan, Taiwanese, and Thai; and,


               ii)    Additional major Native Hawaiian and other Pacific  
                 Islander groups, including, but not limited to, Fijian  
                 and Tongan.        


             b)   No later than 18 months after a decennial United States  
               Census is released to the public, each entity shall update  
               their data collection to reflect the additional API and  
               Native Hawaiian groups as they are reported by the United  
               States Census Bureau.  


             c)   Make any data publically available except for personal  
               identifying and confidential information, by posting the  
               data on the Internet Web site. 


          2)Specifies that where applicable, the CCC, CSU, and UC shall  
            comply with the federal Family Educational Rights and Privacy  
            Act and shall observe criteria for ensuring statistical  
            significance of data collected and published.


          3)Specifies that should the UC Regents resolve to adhere to the  
            requirements as set forth in this measure that it shall not  
            apply to demographic data of UC graduate or professional  
            schools.








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          4)Requires that on or after July 1, 2017, whenever DPH and DHCS  
            collect demographic data as to the ancestry or ethnic origin  
            of persons for a report that includes the type and amount of  
            health care coverage, rates for major diseases, leading causes  
            of death per demographic, subcategories for leading causes of  
            death in California overall, pregnancy rates, or housing  
            numbers, the entity shall do all of the following as outlined  
            in all of number one above.


          EXISTING LAW:  


          1)Requires state agencies, boards, and commissions that directly  
            or by contract collect demographic 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 (GOV) Section  
            8310.5).


          2)Requires the Department of Industrial Relations (DIR) and the  
            Department of Fair Employment and Housing (DFEH) to collect  
            and tabulate data for additional major API groups (GOV Section  
            8310.7).


          FISCAL EFFECT:  Unknown


          COMMENTS:  Background.  According to the California Commission  
          on Asian and Pacific Islander American Affairs' Issue Paper on  
          September 5, 2014, data disaggregation is imperative for  
          uncovering economic, educational, and social disparities  
          inherent not only in API American communities, but in all ethnic  








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          populations.  The Commission finds that the need to disaggregate  
          data is often exemplified by the needs of Southeast Asian  
          American students; often categorized as "Asian," their "lower  
          academic achievement rates are overshadowed by the stereotype  
          that all Asian students excel in academics." 


          According to information provided by the author's office, many  
          of the communities within the API population face similar  
          challenges in California, such as language barriers and  
          immigration; however, they differ on many issues.  This is most  
          evident with respect to education and public health, where the  
          outcomes of some of the largest API groups within the API  
          population raise the average outcome of the greater API  
          population as a whole.  For example, although data related to  
          the average API student demonstrates high academic achievements,  
          disaggregated data sheds light on the harsh reality that  
          Southeast Asian subgroups suffer from much lower achievement  
          rates than other API groups.  Similarly, data from a 2013 report  
          done by the Asian American Center for Advancing Justice  
          demonstrates that 14 percent of Asian Americans are uninsured;  
          disaggregated data demonstrates that Korean, Tongan, and Thai  
          populations have uninsured rates higher than 22 percent whereas  
          only eight-10 percent of Japanese and Asian Indian populations  
          are uninsured.


          Purpose of the measure.  According to the author, "despite the  
          diversity of California's large API population, state agencies  
          only disaggregate demographic data for a few of the major API  
          groups.  By failing to measure a large portion of the API  
          population, California is unable to track the progress of the  
          most disadvantaged segments of that population."


          The author contends that without disaggregated data,  
          policymakers and researchers have to rely on data in the  
          aggregate as released by various state and local agencies.  Said  
          data is not consistent and varies in different jurisdictions.








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          This measure will require the CCC, CSU, DPH, and DHCS, and  
          request the UC, to collect and release disaggregated demographic  
          data for specified groups of the API and Native Hawaiian  
          ethnicities.  


          Data collection at CCC, CSU and UC.  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.  As of 2009, the CSU application  
          was modified to provide applicants with over 50 different API  
          categories from which to self-identify.  Additionally, the  
          existing practices of the UC on data collection exceed what is  
          required in this measure. 


          Policy consideration.  As mentioned above, the CCC currently  
          collects 11 different API ethnicities on its application.  The  
          CCC Chancellor's Office has indicated that due to the varying  
          differences of how the 113 CCC collect data, a concern exists  
          that as currently drafted, this measure will not allow for  
          enough time for the CCC to be ready to implement all the  
          provisions of the bill.


          Moving forward, the author may wish to consider extending the  
          implementation of this measure by a year or two in order to  
          ensure all affected entities have time to fully implement the  
          bill.


          Previous legislation.  Several pieces of legislation have gone  
          through the Legislative Process related to the collection and  
          disaggregation of API data:


          1)AB 176 (Bonta) of 2015, which was vetoed by the Governor, was  








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            similar in nature to this measure.


          2)AB 1088 (Eng), Chapter 689, Statutes of 2011, required the DIR  
            and DFEH to collect and tabulate data for additional major API  
            groups.


          3)AB 1737 (Eng) of 2010, which was held on the Suspense File of  
            the Assembly Appropriations Committee, would have required  
            certain state agencies to use additional separate collection  
            categories and tabulations for major Native Hawaiian and API  
            groups.  


          4)AB 295 (Lieu) of 2007, which was vetoed by the Governor, would  
            have required various state entities to report collected  
            demographic data according to each major API group and make  
            that data available to the public to the extent that  
            disclosure did not violate confidentiality.


          5)AB 2420 (Lieu) of 2006, which was held on the Suspense File of  
            the Senate Appropriations Committee, 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 CSU; and, would have required the above  
            entities to collect, tabulate, report, and make available to  
            the public any data collected on the groups.  


          REGISTERED SUPPORT / OPPOSITION:




          Support










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          Abriendo Puertas, Opening Doors
          Alameda County Health Pipeline Partnership
          Asian Americans Advancing Justice-California
          Asian American Cancer Support Network
          Asian American Drug Abuse Program, Inc.
          Asian Pacific American Labor Alliance- San Diego
          Asian & Pacific Islander American Health Forum
          Asian Pacific Partners for Empowerment, Advocacy and Leadership 
          California Asian Pacific Chamber of Commerce


          California Asian Pacific Islander Budget Partnership
          California Immigrant Policy Center


          California Pan-Ethnic Health Network


          Canal Alliance
          Chinatown Public Health Center
          Chinese for Affirmative Action
          Community Health for Asian Americans
          Community Health Partnership
          East Bay Asian Youth Center 
          Empowering Pacific Islander Communities 
          Fathers & Families of San Joaquin
          Fresno Interdenominational Refugee Ministries 
          Global Refugee Awareness Healing center
          Healthy House
          Hmong National Development
          Iu-Mien Community Services
          Khmer Girls in Action
          Khmer Parent Association
          Korean Churches for Community Development
          Korean Resource Center
          Leadership Education for Asian Pacifics, Inc.
          Madera Coalition for Community Justice
          Multicultural Council of America
          National Asian Pacific American Women's Forum 








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          Native Hawaiian and Pacific Islander Alliance
          National Pacific Islander Education Network 
          NICOS Chinese Health Coalition
          Pacific Islander Health Partnership
          PALS for Health
          Refugee & Immigration Ministries - Christian Church (Disciples  
          of Christ) in the US and
             Canada
          Services, Immigrant Rights, and Education Network 
          Southeast Asia Resource Action Center 
          Stone Soup Fresno
          Taulama For Tongans
          Thai Health And Information Services, Inc.
          The Cambodian Family Community Center
          TOFA Inc.
          Tongan American Youth Foundation
          United Cambodian Community
          Urban Strategies Council
          One Individual


          Opposition


          None on file.




          Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)  
          319-3960
















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