BILL ANALYSIS
AB 537
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CONCURRENCE IN SENATE AMENDMENTS
AB 537 (Kuehl)
As Amended September 8, 1999
Majority vote
ASSEMBLY: (June 4, 1999) SENATE: 24-14
(September 9, 1999)
(vote not relevant)
Original Committee Reference: ED.
SUMMARY : Establishes the California Student Safety and
Violence Prevention Act of 2000 (act), which adds as a
prohibited basis for discrimination in instructional services
and programs, any basis that is contained in the prohibition of
hate crimes in the Penal Code.
The Senate amendments delete the Assembly version of this bill
and insert provisions that:
1)Add any basis that is contained in the prohibition of hate
crimes set forth in the Penal Code (see Existing Law comment
#1) as a prohibited basis for discrimination in any program or
activity conducted by public or private schools and
postsecondary institutions that accept public funds or enroll
students who receive state student financial aid.
2)Clarify 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.
3)State 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.
EXISTING LAW :
1)Prohibits a person from willfully injuring, intimidating,
interfering with, oppressing, or threatening 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 California or by the Constitution or
AB 537
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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.
2)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 and postsecondary
institutions that accept public funds or enroll students who
receive state student financial aid.
3)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.
AS PASSED BY THE ASSEMBLY , this bill allowed the West Contra
Costa Unified School District to receive a home-to-school
transportation allowance based upon an alternative formula.
FISCAL EFFECT : This bill was not heard in the Senate
Appropriations Committee pursuant to Senate Rule 28.8. That
rule permits a bill that does not appropriate money to be
promptly reported to the Senate with the recommendation it be
placed on second reading if the chair of the committee
determines that: a) any additional state costs are not
significant and do not and will not require the appropriation of
additional state funds; and, b) the bill will cause no
significant reduction in revenues.
COMMENTS : This bill was substantially amended in the Senate.
The Assembly-approved provisions of this bill were deleted in
the Senate.
Education Code Section 223 exempts the Boy Scouts from the
Educational Equity Act. AB 537, which amends the Educational
Equity Act, 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 will not change
that.
AB 537
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The provisions of this bill are similar to, but narrower than,
those in AB 222 (Kuehl) of this session. That bill failed
passage on the Assembly Floor.
Analysis Prepared by : Lynn Lorber / ED. / (916) 319-2087
FN:0003658