BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 1726
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|Author: |Bonta |
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|Version: |May 31, 2016 Hearing |
| |Date: June 22, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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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)
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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:
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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
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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.
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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:
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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
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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
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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
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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
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