BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Senator Carol Liu, Chair 2015 - 2016 Regular Bill No: AB 1726 ----------------------------------------------------------------- |Author: |Bonta | |-----------+-----------------------------------------------------| |Version: |May 31, 2016 Hearing | | |Date: June 22, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Lynn Lorber | | | | ----------------------------------------------------------------- Subject: Data collection NOTE: This bill has been referred to the Committees on Education and Health. A "do pass" motion should include referral to the Committee on Health. SUMMARY This bill requires the University of California, California State University, and the California Community Colleges to collect demographic data related to each major Asian and Pacific Islander group when collecting data on the ancestry or ethnic origin of students. This bill also applies these requirements to the Department of Public Health and the Department of Health Care Services. BACKGROUND Existing law: 1) Prohibits an application to any state department, board, or commission from including any question relative to an applicant's race, sex, marital status, or religion. However, existing law authorizes the collection of data on gender and marital status to be obtained subsequent to employment for research and statistical purposes. (Government Code § 8310) AB 1726 (Bonta) Page 2 of ? 2) Requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for the following: a) Each major Asian group, including but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian. b) Each major Pacific Islander group, including but not limited to, Hawaiian, Guamanian, and Samoan. (GC § 8310.5) 3) Requires the Department of Industrial Relations and the Department of Fair Employment and Housing, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, to collect and tabulate data for the following: a) Additional major Asian groups, including but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai. b) Additional major Native Hawaiian and other Pacific Islander groups, including but not limited to, Fijian and Tongan. (GC § 8310.7) ANALYSIS This bill requires the University of California (UC), California State University (CSU), and the California Community Colleges (CCC) to collect demographic data related to each major Asian and Pacific Islander group when collecting data on the ancestry or ethnic origin of students. Specifically, this bill: AB 1726 (Bonta) Page 3 of ? 1) Requires the Trustees of the CSU or the Regents of the UC, by July 1, 2017, whenever the entity collects demographic data as to the ancestry or ethnic origin of students for a report that includes student admission, enrollment, completion, or graduation rates, to collect and tabulate data for the following: a) Additional major Asian groups, including but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai. b) Additional major Native Hawaiian and other Pacific Islander groups, including but not limited to, Fijian and Tongan. 2) Requires the Board of Governors of the CCC, by July 1, 2020, whenever the entity collects demographic data as to the ancestry or ethnic origin of students for a report that includes student enrollment, completion, or graduation rates. 3) Requires the UC and CSU to, within 18 months after a United States Census is released to the public, update their data collection to reflect the additional Asian, Native Hawaiian and Pacific Islander groups. This bill requires the CCC to update its data collection 18 months after the 2030 United States Census is released to the public. 4) Exempts the UC, CSU and CCC from the existing requirement for state agencies to make any data collected publicly available. 5) Requires the UC, CSU and CCC, where applicable, to comply with the federal Family Educational Rights and Privacy Act (FERPA) and requires those entities to observe federal criteria for ensuring statistical significance of data collected and published. 6) Provides that this bill does not apply to demographic data of UC graduates or professional schools, and only applies to the UC if the Regents, by resolution, make it AB 1726 (Bonta) Page 4 of ? applicable. 7) Requires the State Department of Public Health and the State Department of Health Care Services, by July 1, 2017, to collect and tabulate data for the groups described above when collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes the type of 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. STAFF COMMENTS 1) Need for the bill. According to the author, "Despite the diversity of California's large Asian and Pacific Islander (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. Recent studies demonstrate that some subpopulations within the API community have fallen behind in important measurements of public health and education. For example, although aggregate data shows the average API individual is on track to obtaining a four-year degree, disaggregated data demonstrates that Vietnamese, Laotian, Cambodian and Hmong American adults have the lowest educational attainment of Asian American ethnic groups statewide. Without disaggregated data, policymakers and researchers must rely on less detailed data released by state agencies or local data that may be collected inconsistently in different jurisdictions." 2) Existing data collection. Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for the following: a) Each major Asian group, including but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and Cambodian. AB 1726 (Bonta) Page 5 of ? b) Each major Pacific Islander group, including but not limited to, Hawaiian, Guamanian, and Samoan. (Government Code § 8310.5) It appears that this requirement applies to the California State University (CSU) and the California Community Colleges (CCC), but not to the University of California (UC). However, all three segments are currently collecting this information. The CCC collects information on 11 different Asian Pacific Islander (API) communities on its application CCC Apply. 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. A 2013 report of API students at CSU Fresno, "The Academic Challenges of Southeast Asians at Fresno State," found significant educational disparities within the API group and Southeast Asian community. A closer look at the respective API ethnic groups showed that 97% of Hmong students were first generation college students who came from larger households and 62% came from a low income household. [https://www.fresnostate.edu/academics/oie/documents/documen ts-research/2014/SEA%20BRIEF_FINAL.pdf] 3) Double-referred to Health Committee. This bill has been double-referred to the Senate Health Committee. This analysis does not discuss provisions of this bill that are within the jurisdiction of that committee, specifically provisions related to the Department of Public Health and the Department of Health Care Services. 4) Fiscal impact. According to the Assembly Appropriations Committee, this bill imposes the following costs related to the University of California, California State University and California Community College: AB 1726 (Bonta) Page 6 of ? a) UC. The system already collects the additional data for undergraduate students, as required in the bill. b) CSU. Minor absorbable costs. c) CCC. Minor absorbable costs. 5) Prior legislation. AB 176 (Bonta, 2015) was very similar to this bill. AB 176 was vetoed by the Governor, whose veto message read: Assembly Bill 176 would require the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges and the Department of Managed Health Care to collect and report demographic information for Asians, Native Hawaiians and Pacific Islanders by specified ethnic categories after the next census. To be sure, there is value in understanding data on race, ethnicity, gender and other aspects of identity. On a broad level, these demographic data can signal important changes in society. On a practical level, they can help elucidate how our laws and programs can be shaped to reflect a changing population. Despite this utility, I am wary of the ever growing desire to stratify. Dividing people into ethnic or other subcategories may yield more information, but not necessarily greater wisdom about what actions should follow. To focus just on ethnic identity may not be enough. CSU, community colleges, and UC already provide many ways in which to self-identify, including choosing among several ethnic identities. In the case of CSU, there are 50 choices for API applicants alone. Codifying the collection and reporting of at least 12 API groups several years into the future appears unnecessary, or at least AB 1726 (Bonta) Page 7 of ? premature. SUPPORT Abriendo Puertas/Opening Doors Alliance for Boys and Men of Color American Cancer Society Cancer Action Network Asian & Pacific Islander American Health Forum Asian American Cancer Support Network Asian American Drug Abuse Program, Inc. Asian Americans Advancing Justice - California Asian Americans for Community Involvement Asian Health Services Asian Pacific American Labor Alliance - Alameda Chapter Asian Pacific American Labor Alliance - Los Angeles Chapter Asian Pacific American Labor Alliance - Sacramento Chapter Asian Pacific Islander Obesity Prevention Alliance Asian Pacific Partners for Empowerment, Advocacy and Leadership Asian Pacific Policy & Planning Council AYPAL Banteay Srei BPSOS California Asian Pacific Islander Budget Partnership California Commission on Asian and Pacific Islander American Affairs California Faculty Association California Immigrant Policy Center California Pan-Ethnic Health Network California State Student Association California State University California Teachers Association Campaign for College Opportunity Canal Alliance Children Now Chinatown Public Health Center Chinese for Affirmative Action Community Health Partnership East Bay Asian Youth Center Empowering Pacific Islander Communities Families in Good Health Fathers & Families of San Joaquin Fresno Interdenominational Refugee Ministries Global Refugee Awareness Healing Center Graduate Academic Achievement and Advocacy Program AB 1726 (Bonta) Page 8 of ? Having Our Say Coalition Health Access Healthy House Within a MATCH Coalition Hmong Innovating Politics 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. League of California Cities Asian Pacific Islander Caucus March of Dimes in California Mexican American Legal Defense and Educational Fund (MALDEF) Multicultural Council of America National Asian Pacific American Women's Forum, Bay Area and Los Angeles Chapters National Association of Social Workers, California Chapter National Council of Asian Pacific Americans National Pacific Islander Education Network Native Hawaiian and Pacific Islander Alliance NICOS Chinese Health Coalition OCA-Asian Pacific Advocates, East Bay, Greater Los Angeles, and San Francisco Bay Chapters Pacific Islander Health Partnership PALS for Health PolicyLink Refugee & Immigration Ministries - Christian Church Santa Clara County Board of Supervisors Service Employees International Union, California State Council Services, Immigrant Rights, and Education Network Southeast Asia Resource Action Center Southeast Asian Assistance Center Stone Soup Fresno The Cambodian Family Community Center The Greenlining Institute TOFA Inc. United Cambodian Community University of California Urban Strategies Council Vietnamese Youth Development Center OPPOSITION AB 1726 (Bonta) Page 9 of ? 80-20 Initiative Bay Area Homeowners Network Cherry Hill Huaxia Chinese School Chinese American Equalization Association Chinese American Rights Association Elk Grove Chinese Association Peking University Alumni Association of Oregon Philadelphia Tristate Chinese American Association Venus Chinese School Individuals -- END --