BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Dede Alpert, Chair
1999-2000 Regular Session
BILL NO: AB 537
AUTHOR: Kuehl
AMENDED: August 31, 1999
FISCAL COMM: Yes HEARING DATE: September 1,
1999
URGENCY: No CONSULTANT:Scott P. Plotkin
SPECIAL NOTE : This bill was previously heard by the Senate
Education Committee on July 14, 1999, and was passed by a
vote of 9 ayes, 4 noes. At that time it was authored by
Assembly Member Aroner, and was relative to school district
transportation.
In the Senate Appropriations Committee the bill was
completely amended and the author was changed to Assembly
Member Kuehl. After the bill was amended, it was
re-referred to the Senate Education Committee for review
and action.
SUMMARY
This bill establishes the California Student Safety and
Violence Prevention Act of 2000, which adds sexual
orientation as a prohibited basis for discrimination in
instructional services and programs.
BACKGROUND
Existing law:
1) Prohibits 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 public or private schools
(religious schools are exempt) and postsecondary
institutions that accept public funds or enroll
students who receive state student financial aid.
2) Exempts educational institutions controlled by a
religious organization from prohibitions against
discrimination if the application of those
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prohibitions would not be consistent with the
religious tenets of that organization.
ANALYSIS
This bill establishes the California Student Safety and
Violence Prevention Act of 2000, which adds sexual
orientation as a prohibited basis for discrimination in
instructional services and programs. Specifically, this
bill:
1) Adds sexual orientation as a prohibited basis for
discrimination in any
program or activity conducted by public or private schools
(religious schools are exempt) and postsecondary
institutions that accept public funds or enroll
students who receive state student financial aid.
2) Makes legislative findings relative to violence among
young people, the need for safe, secure and peaceful
schools, and the issue of violent discrimination and
teen suicide.
STAFF COMMENTS
1) Need for the bill . According to the author, AB 537
"is necessary to prevent discrimination and harassment
against gay and lesbian students and those students
perceived to be gay or lesbian. Anti-gay violence and
harassment affects all youth. In a survey funded by
the Center for Diseases Control of over 8,000 high
school students, one in thirteen students had been
attacked or harassed because they were perceived to be
gay. Four out of five of those students attacked or
harassed for being perceived to be gay were actually
heterosexual. Like their gay and lesbian peers,
straight youth who are assaulted or harassed, because
they are thought to be gay or lesbian, are also at
greater risk of dropping out of school or committing
suicide. Recent data also indicates that violence
against gay and lesbian youth and those perceived to
be gay or lesbian seems to be escalating. As a
society we all pay the price when young people are
assaulted and told in subtle and not so subtle ways
that their lives are worthless. AB 537 simply ensures
that all students have access to an education free
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from intimidation, violence, and fear."
2) How is the bill different from AB 222 ? As noted
earlier, this bill is similar to AB 222 (Kuehl), which
failed passage in the Assembly earlier this session.
The provisions of AB 537 differ from AB 222 in that it
is a more narrowly drawn set of prohibitions against
discrimination on the basis of sexual orientation. AB
222 had a more ambitious set of objectives, which
included the prohibition of discrimination on the
basis of sexual orientation in the areas of employment
in education, and the operation of alternative
schools, charter schools, or interscholastic
athletics.
3) Arguments in support . According to the California
Child, Youth and Family Coalition, "This basis of
discrimination is not simply a 'gay and lesbian
issue.' Discrimination in any form poisons the
environment of the public schools and undermines basic
principles of justice. When students are permitted to
express fear and hatred toward any group, they learn
the wrong lesson. They learn that freedom is a
'sometime thing,' available only to those in the safe
majority. They learn that intolerance is tolerated.
They learn to hide their own vulnerabilities. And,
perhaps most devastating for communities as a whole,
students who are permitted to practice persecution in
school become more comfortable with the part of their
natures that is least compassionate, least human. In
the end, a
young person who is permitted to do wrong learns, not only
to love others less, but to find less to love in
himself or herself."
4) Arguments in opposition . According to the Traditional
Values Coalition in their opposition to AB 222,
"Administrators already have the legal authority to
prevent harassment of any student for any reason,
including perceived homosexuality. The authority has
been given to use textbooks, curriculum, etc. to teach
against harassment and violence for any reason. . .
. By specifically teaching the acceptance of
homosexuality to children who themselves believe and
their parents believe is wrong, this bill will
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directly challenge the strongly held religious
beliefs. The implementation of (AB 222) will result
in religious-based harassment of many students.
Students are told by teachers that homosexuality is
legally equivalent with homosexuality and opposing it
is homophobic. They will be called homophobes by
other students and teachers. This is harassment.
They are made to feel that their religiously held
beliefs are inferior."
5) Legislative history . As noted earlier, portions of
this bill were contained in AB 222 (Kuehl), failed
passage on June 4, 1999 on the Assembly Floor by a
vote of 40 ayes, 38 noes.
AB 101 (Kuehl) of last session added sexual orientation as
a prohibited basis of discrimination in instructional
services and programs. That bill failed passage on
the Assembly Floor. AB 1001 (Kuehl) of 1995 added
sexual orientation as a prohibited basis of
discrimination in instructional services and programs.
That bill failed passage in the Assembly Education
Committee.
SPECIAL NOTE ON SUPPORT AND OPPOSITION : According to the
Analysis prepared by the Assembly Committee on Education
relative to AB 222 (Kuehl), considerable support and
opposition was received and noted for the record. However,
as of this writing, no support or opposition has been
formally received on this version of AB 537.
SUPPORT
None received on this version of the bill.
OPPOSITION
None received on this portion of the bill.