BILL NUMBER: AB 537	CHAPTERED
	BILL TEXT

	CHAPTER   587
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 2, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 8, 1999
	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 Members Kuehl, Aroner, Hertzberg, Migden,
and Villaraigosa
   (Coauthors:  Assembly Members Alquist, Bock, Calderon, Davis,
Dutra, Firebaugh, Gallegos, Honda, Jackson, Keeley, Knox, Longville,
Lowenthal, Mazzoni, Romero, Shelley, Steinberg, Strom-Martin,
Thomson, Torlakson, Vincent, Wayne, Wesson, Wiggins, and Wildman)
   (Coauthors:  Senators Bowen, Figueroa, Hayden, Johnston, Murray,
Solis, Speier, and Vasconcellos)

                        FEBRUARY 18, 1999

   An act to amend Sections 200, 220, 66251, and 66270 of, to add
Section 241 to, and to amend and renumber Sections 221 and 66271 of,
the Education Code, relating to discrimination.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 537, Kuehl.  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.
   Existing law makes it a crime for a person, whether or not acting
under color of law, to willfully injure, intimidate, interfere with,
oppress, or threaten any other person, by force or threat of force,
in the free exercise or enjoyment of any right or privilege secured
to him or her by the Constitution or laws of this state or by the
Constitution or laws of the United States because of the other person'
s race, color, religion, ancestry, national origin, disability,
gender, or sexual orientation, or because he or she perceives that
the other person has one or more of those characteristics.
   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 any basis referred to in the aforementioned
paragraph.
   (2) 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 any basis referred to in paragraph (1)
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.
   (3) This bill would state that it does not require the inclusion
of any curriculum, textbook, presentation, or other material in any
program or activity conducted by an educational institution or a
postsecondary educational institution and would prohibit this bill
from being deemed to be violated by the omission of any curriculum,
textbook, presentation, or other material in any program or activity
conducted by an educational institution or a postsecondary
educational institution.
   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.
  (4) 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.


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


  SECTION 1.  This bill shall be known, and may be cited, as the
California Student Safety and Violence Prevention Act of 2000.
  SEC. 2.  (a) The Legislature finds and declares all of the
following:
   (1) 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.
   (2) 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.
   (3) 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.  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, mental or physical
disability, or regardless of any basis that is contained in the
prohibition of hate crimes set forth in subdivision (a) of Section
422.6 of the Penal Code, 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. 4.  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, mental or physical disability, or any basis that is contained
in the prohibition of hate crimes set forth in subdivision (a) of
Section 422.6 of the Penal Code 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. 5.  Section 221 of the Education Code is renumbered to read:
   220.5.  This article shall not apply to an educational institution
which is controlled by a religious organization if the application
would not be consistent with the religious tenets of that
organization.
  SEC. 6.  Section 241 is added to the Education Code, to read:
   241.  Nothing in the California Student Safety and Violence
Prevention Act of 2000 requires the inclusion of any curriculum,
textbook, presentation, or other material in any program or activity
conducted by an educational institution or postsecondary educational
institution; the California Student Safety and Violence Prevention
Act of 2000 shall not be deemed to be violated by the omission of any
curriculum, textbook, presentation, or other material in any program
or activity conducted by an educational institution or postsecondary
educational institution.
  SEC. 7.  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, mental or physical disability, or
regardless of any basis that is contained in the prohibition of hate
crimes set forth in subdivision (a) of Section 422.6 of the Penal
Code, 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. 8.  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 any basis that
is contained in the prohibition of hate crimes set forth in
subdivision (a) of Section 422.6 of the Penal Code 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. 9.  Section 66271 of the Education Code is renumbered to read:

   66270.5.  This chapter shall not apply to an educational
institution that is controlled by a religious organization if the
application would not be consistent with the religious tenets of that
organization.
  SEC. 10.  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.