BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: ACR 82
AUTHOR: Hall
AMENDED: July 13, 2009
FISCAL COMM: No HEARING DATE: March 24, 2010
URGENCY: No CONSULTANT:Daniel Alvarez
SUBJECT : Public Education: Discrimination-Free Zones
KEY POLICY ISSUE
Should the Legislature encourage all public education
institutions, as specified, to designate each campus as a
Discrimination-Free Zone?
SUMMARY
This resolution encourages, among other things, all public
education institutions to designate each campus as a
"Discrimination-Free Zone" to provide a safe haven from
intolerance or discrimination.
BACKGROUND
Current law makes legislative declarations and intent that,
among other things, specifies (a) that all pupils have the
right to participate in the education process, free from
discrimination and harassment, and (b) that each public
school undertake educational activities to counter
discriminatory incidents on school grounds and, within
constitutional bounds, to minimize and eliminate a hostile
environment on school grounds that impairs the access of
pupils to equal educational opportunity (Education Code
201).
Current law prohibits discrimination on the basis of
disability, gender, nationality, race or ethnicity, religion,
sexual orientation, or any other characteristic that is
contained in the definition of hate crimes set forth in the
Penal Code ( 422.55) in any program or activity conducted by
an educational institution that receives, or benefits from,
state financial assistance or pupils who receive state
financial aid. Educational institutions controlled by a
religious organization are exempt from the prohibitions
ACR 82
Page 2
against discrimination if the application of those
prohibitions would not be consistent with the religious
tenets of that organization (EC 220, et seq.).
ANALYSIS
This resolution :
1) Encourages all public education institutions, working
with students, teachers, faculty, and other members of
the public education community, to designate each campus
as a "Discrimination-Free Zone" to provide a safe haven
from intolerance or discrimination.
2) Encourages all public education institutions,
prekindergarten through university campuses, to develop
and enact policies that 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 statutory definition of hate
crimes.
3) Encourages all public education institutions to enact
procedures, such as counseling services and conflict
management that meaningfully address acts of
discrimination that occur on campus.
4) Specifies that parents and the campus community should
be notified of existing polices and procedures that
encourage tolerance of others.
5) 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.
STAFF COMMENTS
1) Need for the resolution : According to the author's
office, while the state has enacted numerous laws to
prohibit acts of discrimination, examples of intolerance
continue in many of our public schools and universities.
This resolution seeks to encourage public education
institutions to promote campus climates that welcome
diversity and support the tolerance of others.
ACR 82
Page 3
2) Suggested amendment . Staff recommends the following:
On page 3, lines 5-7, be reorganized consistent
with the resolution and to eliminate any potential
costs implications, to read as follows: "Resolved,
That all public education institutions are encouraged
to notify parents and the campus community of existing
policies and procedures that promote and encourages
the tolerance of others; and be it further"
1) Policy arguments.
Proponents indicate this resolution underscores
the fundamental value of diversity and critical need
for inclusiveness and tolerance in securing the social
and economic future of California.
Opponents indicate this resolution encourages all
schools to adopt "anti-discriminatory" policies that
limit free speech and that students would become
law-breakers simply by stating homosexuality violates
their personal faith.
SUPPORT
California Faculty Association (Sponsor)
California Latino Legislative Caucus
Equality California
Los Angeles Unified School District
California School Employees Association
California State PTA
California State Student Association
OPPOSITION
An individual.