BILL NUMBER: AB 537	AMENDED
	BILL TEXT

	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   JUNE 2, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Assembly  Member Aroner  
Members Kuehl, Hertzberg, and Villaraigosa 
    (Coauthor:  Senator Johnston) 

                        FEBRUARY 18, 1999

    An act to add Section 41858 to the Education Code,
relating to school transportation.   An act to amend
Sections 200, 220, 66251, and 66270 of the Education Code, relating
to sexual orientation discrimination. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 537, as amended,  Aroner   Kuehl  .
 School transportation:  appropriation   Sexual
orientation discrimination  . 
   (1) Existing law provides that it is the policy of the State of
California to afford all persons in public schools and postsecondary
institutions, regardless of their sex, ethnic group identification,
race, national origin, religion, or mental or physical disability,
equal rights and opportunities in the educational institutions of the
state.
   This bill would also provide that it is the policy of the state to
afford all persons in public school and postsecondary institutions
equal rights and opportunities in the educational institutions of the
state, regardless of their sexual orientation.
   Existing law prohibits a person from being subjected to
discrimination on the basis of sex, ethnic group identification,
race, national origin, religion, color, or mental or physical
disability in any program or activity conducted by any educational
institution or postsecondary educational institution that receives,
or benefits from, state financial assistance or enrolls students who
receive state student financial aid.
   This bill would also prohibit a person from being subjected to
discrimination on the basis of sexual orientation in any program or
activity conducted by any educational institution or postsecondary
educational institution that receives, or benefits from, state
financial assistance or enrolls students who receive state student
financial aid.
   To the extent that this bill would impose new duties on school
districts and community college districts, it would impose a
state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.   
   Existing law establishes a formula for the apportionment by the
Superintendent of Public Instruction of an amount from the State
School Fund to fund home-to-school transportation.
   This bill would establish an alternative formula for funding
home-to-school transportation for an eligible school district and
would make a school district eligible if at least 50% of the pupils
enrolled in the district qualified for free and reduced price meals,
the district's basic home-to-school transportation entitlement was
less than 15% of the district's home-to-school approved expenses, and
the number of average daily boardings by pupils enrolled in the
school district who use public transit as home-to-school
transportation in the 1997-98 fiscal year exceeded 30% of the
district's enrollment.
   This bill would make these provisions operative only in fiscal
years in which funds are appropriated in the Budget Act for that
fiscal year for the purposes of this bill.  The bill would limit
annual expenditure for these purposes to not more than $500,000.

   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:   no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 41858 is added to the  
  SECTION 1.  This bill shall be known, and may be cited, as the
California Student Safety and Violence Prevention Act of 2000.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) Under the California Constitution, all students of public
schools have the inalienable right to attend campuses that are safe,
secure, and peaceful.  Violence is the number one cause of death for
young people in California and has become a public health problem of
epidemic proportion.  One of the Legislature's highest priorities
must be to prevent our children from the plague of violence.
   (b) The fastest growing, violent crime in California is hate
crime, and it is incumbent upon us to ensure that all students
attending public school in California are protected from potentially
violent discrimination.  Educators see how violence affects youth
every day; they know first hand that youth cannot learn if they are
concerned about their safety.  This legislation is designed to
protect the institution of learning as well as our students.
   (c) Not only do we need to address the issue of school violence
but also we must strive to reverse the increase in teen suicide.  The
number of teens who attempt suicide, as well as the number who
actually kill themselves, has risen substantially in recent years.
Teen suicides in the United States have doubled in number since 1960
and every year over a quarter of a million adolescents in the United
States attempt suicide.  Sadly, approximately 4,000 of these attempts
every year are completed.  Suicide is the third leading cause of
death for youths 15 through 24 years of age.  To combat this problem
we must seriously examine these grim statistics and take immediate
action to ensure all students are offered equal protection from
discrimination under California law.
  SEC. 3.  Section 200 of the Education Code is amended to read:

   200.   (a)  It is the policy of the State of
California to afford all persons in public schools, regardless of
their sex, ethnic group identification, race, national origin,
religion,  or  mental or physical disability, 
or sexual orientation,  equal rights and opportunities in the
educational institutions of the state.  The purpose of this chapter
is to prohibit acts which are contrary to that policy and to provide
remedies therefor.   
  SEC. 2.  Section 220 of the Education Code is amended to read:

   220.  No person shall be subjected to discrimination on the basis
of sex, ethnic group identification, race, national origin, religion,
color,  or  mental or physical disability  , or
sexual orientation  in any program or activity conducted by an
educational institution that receives, or benefits from, state
financial assistance or enrolls pupils who receive state student
financial aid.   
  SEC. 3.  Section 66251 of the Education Code is amended to read:

   66251.  It is the policy of the State of California to afford all
persons, regardless of their sex, ethnic group identification, race,
national origin, religion,  or  mental or physical
disability,  or sexual orientation,  equal rights and
opportunities in the postsecondary institutions of the state.  The
purpose of this chapter is to prohibit acts that are contrary to that
policy and to provide remedies therefor.   
  SEC. 4.  Section 66270 of the Education Code is amended to read:

   66270.  No person shall be subjected to discrimination on the
basis of sex, ethnic group identification, race, national origin,
religion, color, or mental or physical disability  , or sexual
orientation  in any program or activity conducted by any
postsecondary educational institution that receives, or benefits
from, state financial assistance or enrolls students who receive
state student financial aid.   
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
    Education Code, to read:
   41858.  (a) Notwithstanding any other provision of law, for
purposes of this article, commencing with the 1999-2000 fiscal year
and each fiscal year thereafter, the home-to-school transportation
allowance received by  a school district that is eligible pursuant to
subdivision (b) shall be established at an amount equal to the
district prior year CBEDS enrollment times the prior year statewide
average per pupil allowance for home-to-school transportation, but in
no event shall the home-to-school transportation allowance be in an
amount greater than the approved costs of home-to-school
transportation received by that district for that fiscal year.
   (b) A school district is eligible for a home-to-school
transportation allowance pursuant to subdivision (a) if it meets all
of the following conditions:
   (1) At least 50 percent of the pupils enrolled in the district
qualified for free and reduced price meals, as reported in 1997 to
the Superintendent of Public Instruction.
   (2) The district's basic home-to-school transportation
entitlement, exclusive of any funding available for home-to-school
transportation from supplemental grants or transportation
equalization formulas, was less than 15 percent of the district's
home-to-school approved expenses, as reported by Exhibit 1-A of the
State Department of Education's 1997-98 home-to-school transportation
apportionment exhibit.
   (3) The number of average daily boardings by pupils enrolled in
the school district who use public transit as home-to-school
transportation in the 1997-98 fiscal year, as reported to the State
Department of Education by the school district, exceeded 30 percent
of the district's CBEDS enrollment.
   (c) This section shall be operative only during those fiscal years
in which funds are appropriated in the Budget Act for that fiscal
year for the purposes of this section.
   (d) Not more than five hundred thousand dollars ($500,000) may be
expended annually pursuant to this section.