BILL ANALYSIS
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THIRD READING
Bill No: AB 537
Author: Kuehl (D), et al
Amended: 9/8/99 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 8-3, 9/2/99
AYES: Alpert, Alarcon, Chesbro, Dunn, Hayden, Hughes,
O'Connell, Ortiz
NOES: Haynes, Knight, Monteith
NOT VOTING: McPherson, Sher, Vasconcellos
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not Relevant, See NOTE in Digest.
SUBJECT : Discrimination
SOURCE : Author
DIGEST : This bill establishes the California Student
Safety and Violence Prevention Act of 2000, which adds as a
prohibited basis for discrimination in instructional
services and programs, "any basis that is contained in the
prohibition of hate crimes," as specified.
NOTE: Senate Amendments delete the prior version. As it
left the Assembly, the bill was authored by Aroner and
allowed a specified school district to receive a
home-to-school transportation allowance based upon an
alternative formula.
CONTINUED
AB 537
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ANALYSIS : 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 prohibitions
would not be consistent with the religious tenets of
that organization.
This bill establishes the California Student Safety and
Violence Prevention Act of 2000 (Act), which adds a
prohibited basis for discrimination in instructional
services and programs. Specifically, this bill:
1. Adds "any basis that is contained in the prohibition
of hate crimes set forth in the Penal Code" 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.
3. Clarifies that nothing in this Act requires the
inclusion of any curriculum, textbook, presentation, or
other material in any program or activity conducted by
an educational institution, and the Act shall not be
deemed to be violated by the omission of any
curriculum, textbook, presentation, or other material
in any programs or activities.
Comments
AB 537
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NOTE: The author's office notes that California Education
Code Section 223 exempts the Boy Scouts from the
Educational Equity Act. AB 537, which amends the
Educational Equity Act to protect students from violence,
discrimination and harassment based upon their actual or
perceived sexual orientation, will be governed by this
exemption. Nothing in AB 537 will affect the ability of
the Boy Scouts to use school facilities. Under the Federal
Equal Access Act, schools that open their facilities up to
use by an outside organization must open their facilities
to use by all. AB 537 does not change that.
Need for the bill . According to the author, this bill "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 Disease
Control of over 8,000 high school students, one in 13
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. This bill simply
ensures that all students have access to an education free
from intimidation, violence, and fear."
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
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interscholastic athletics.
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."
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 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."
Legislative history . As noted earlier, portions of this
bill were contained in AB 222 (Kuehl) which 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
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 9/8/99)
California PTA
Lutheran Office of Public Policy - California
California Church Impact
Children's Advocacy Institute
National Congress of Jewish Women - Orange County Advocacy
Branch
National Congress of Jewish Women - Los Angeles
Vietnamese Buddhist Association of the Central Valley
California
Delaine Eastin, Superintendent of Public Instruction
California School Boards Association
California Teachers Association
California Federation of Teachers
Modesto City Schools
National Association of Social Workers
Board of Education, City of Los Angeles
California Child Youth and Family Coalition
Central California Alliance
California Association for Health, Physical Education,
Recreation and Dance
Freedom for Responsible Choices Coalition - Fresno
GLSEN - Orange County
Los Angeles Gay and Lesbian Center
People for the American Way
Planned Parenthood Affiliates of California
Wilma Chan, President, Alameda County Board of Supervisors
American Civil Liberties Union
Bay Area Gay-Straight Student Alliance
California Alliance for Pride and Equality
OPPOSITION : (Verified 9/8/99)
Committee on Moral Concerns
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ASSEMBLY FLOOR : 49-31, 6/4/99
AYES: Alquist, Aroner, Bock, Calderon, Cardenas, Cardoza,
Cedillo, Corbett, Correa, Davis, Ducheny, Dutra,
Firebaugh, Florez, Floyd, Gallegos, Havice, Hertzberg,
Honda, Jackson, Keeley, Knox, Kuehl, Leach, Lempert,
Longville, Lowenthal, Machado, Mazzoni, Migden, Nakano,
Papan, Reyes, Romero, Scott, Shelley, Soto, Steinberg,
Strom-Martin, Thomson, Torlakson, Vincent, Washington,
Wayne, Wesson, Wiggins, Wildman, Wright, Villaraigosa
NOES: Aanestad, Ackerman, Ashburn, Baldwin, Bates, Battin,
Baugh, Brewer, Briggs, Campbell, Cox, Cunneen, Dickerson,
Frusetta, Granlund, House, Kaloogian, Leonard, Maddox,
Maldonado, Margett, McClintock, Olberg, Oller, Robert
Pacheco, Rod Pacheco, Pescetti, Runner, Strickland,
Thompson, Zettel
NC:kb 9/8/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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