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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