BILL ANALYSIS
ACR 82
Page 1
ASSEMBLY THIRD READING
ACR 82 (Hall)
As Amended July 9, 2009
Majority vote
EDUCATION 7-1
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|Ayes:|Brownley, Arambula, | | |
| |Buchanan, Carter, Eng, | | |
| |Solorio, Torlakson | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nestande | | |
| | | | |
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SUMMARY : Encourages public education institutions,
prekindergarten through university campuses, to develop and
enact appropriate procedures that meaningfully address acts of
discrimination that occur on campus and support tolerance and
acceptance of others regardless of their race or ethnicity,
religion, disability, gender, gender identity, sexual
orientation, nationality, or any other characteristic that is
contained in the definition of hate crimes set forth in Penal
Code Section 422.55. Specifically, this bill :
1)Encourages public institutions to enact procedures, such as
counseling services and conflict management, that meaningfully
address acts of discrimination that occur on campus and
encourages that parents and the campus community are notified
of new procedures as well as existing polices and procedures
that encourage tolerance of others.
2)Encourages public education institutions to establish
themselves as "Discrimination-Free Zones" to provide a safe
haven from intolerance or discrimination and to create a
campus climate that welcomes diversity through placards,
signs, notices of available services, and other appropriate
identifications.
3)Makes findings about California's diverse student body that
reflects the racial, cultural, religious, disability, gender,
gender identity, economic circumstance, and sexual orientation
of California's citizens.
ACR 82
Page 2
4)States that California's public educators encourage
inclusiveness among the students they educate and the
Legislature condemns all acts of discrimination, intolerance,
and hate aimed at individuals that reflect the state's
diversity.
EXISTING LAW :
1)Acknowledges that California's public schools have an
affirmative obligation to combat racism, sexism, and other
forms of bias, and a responsibility to provide equal
educational opportunity (Education Code Section 201).
2)Expresses legislative intent that each public school
undertakes educational activities to counter discriminatory
incidents on school grounds and, within constitutional bounds
(Education Code Section 201).
3)Requires the California Department of Education (CDE) to:
a) Display information on curricula and other resources
that specifically address bias-related discrimination and
harassment based on the characteristics set forth in the
Penal Code and the Education Code (Education Code Section
234.2);
b) Assess whether local educational agencies have:
i) Adopted policies prohibiting discrimination and
harassment based on characteristics set forth in current
law;
ii) Publicized antidiscrimination and antiharassment
policies, including information about the manner in which
to file a complaint, to pupils, parents, employees,
agents of the governing board, and the general public;
and,
iii) Posted antidiscrimination and antiharassment
policies in all schools and offices, including staff
lounges and pupil government meeting rooms. (Education
Code Section 234.1); and,
ACR 82
Page 3
c) Develop a model handout describing the rights and
obligations set forth in current law and the policies
addressing bias-related discrimination and harassment in
schools (Education Code Section 234.3).
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : California has the largest public school system in
the nation, prekindergarten through university, teaching more
than six million students in about 9,800 schools. The diverse
student body is mainly comprised of Hispanics, Filipinos,
Anglo-Saxons, Asians, American Indians, and African Americans.
California has a wide range of ethnicities and cultural
differences within the immense public school system. The
author's office believes more should be done to address the
needs of such a diverse state.
This resolution encourages public education institutions to
further address the needs of a diverse student body. By
encouraging public education institutions to enact specific
policies and procedures, such as counseling services and
conflict management, they may ease tensions among the student
body and create a safer learning environment. Additionally, by
designating public education institutions as
"Discrimination-Free Zones," schools are encouraged to enact
policies and procedures that reflect this message. ACR 82
echoes existing legislation, and further encourages public
education institutions to enact more specific polices and
procedures regarding discrimination.
According to the sponsor of this resolution, the California
Faculty Association, there are ongoing acts of all kinds of
discrimination that hurt the student body. ACR 82 encourages
public education institutions to further protect their students
from discrimination.
Analysis Prepared by : Lauren Greenwood and Marisol Avi?a /
ED. / (916) 319-2087
FN: 0001839