BILL ANALYSIS
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THIRD READING
Bill No: ACR 82
Author: Hall (D)
Amended: 4/6/10 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 6-1, 3/24/10
AYES: Romero, Alquist, Hancock, Liu, Maldonado, Price
NOES: Huff
NO VOTE RECORDED: Simitian, Wyland
ASSEMBLY FLOOR : Read and adopted, 7/13/09
SUBJECT : Public education: Discrimination Free Zones
SOURCE : California Faculty Association
DIGEST : This resolution encourages public education
institutions to designate each campus as a
Discrimination-Free Zone to provide a safe haven from
intolerance or discrimination, to enact appropriate
procedures that meaningfully address acts of discrimination
that occur on campus, to notify parents and the campus
community of existing policies and procedures that
encourage tolerance of others, and to use existing
resources to identify themselves as "Discrimination-Free
Zones" to create a campus climate that welcomes diversity
and supports the tolerance of others.
ANALYSIS :
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Legislative Findings
1.California has the largest public school system in the
nation, pre-kindergarten through university, which is key
in addressing California's infrastructure and economic
needs, and represents a state that honors and respects
the diversity of its citizens.
2.California's public educators encourage inclusiveness
among the students they educate, and serve the needs of a
diverse student body that reflects the diversity of the
state. That diversity reflects the racial, cultural,
religious, disability, gender, gender identity, economic
circumstance, and sexual orientation of its citizens
seeking access to California's public education.
3.The Legislature condemns all acts of discrimination,
intolerance, and hate aimed at individuals that reflect
the state's diversity. Although numerous laws have been
enacted to oppose acts of discrimination, intolerance
continues to pervade many of our public schools and
colleges.
4.The Legislature is committed to upholding fundamental and
inalienable rights, including the freedoms of religion,
speech, assembly, and privacy.
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,
pre-kindergarten 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 characteristics
that are contained in the definition of hate crimes set
forth in Section 422.55 of the Penal Code.
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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.Encourages all public education institutions to notify
parents and the campus community of existing policies and
procedures that encourage tolerance of others.
5.Encourages all public institutions to use existing
resources to identify themselves as "Discrimination-Free
Zones" through placards, signs, notices of available
services, and other appropriate identifications to create
a campus climate that welcomes diversity and supports the
tolerance of others.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 4/7/10)
California Faculty Association (source)
University of California
California Latino Legislative Caucus
Equality California
Los Angeles Unified School District
California School Employees Association
California State PTA
California State Student Association
OPPOSITION : (Verified 4/8/10)
Alameda Concerned Parents
American College of Pediatricians
Campaign for Children and Families
Goleta Valley Junior High Concerned Parents
Parents and Friends of Ex-Gays and Gays
S.E.R.V.E. Alameda
Traditional Values Coalition
ARGUMENTS IN SUPPORT : According to the author's office,
while the state has enacted numerous laws to prohibit acts
of discrimination, intolerance continues to pervade many of
our schools and universities. Every student, regardless of
their race, ethnicity, nationality, religion, disability,
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gender, gender identity or sexual orientation deserves a
campus climate that welcomes diversity and supports
tolerance of others.
According to the California Faculty Association, the
sponsor of this resolution, there are ongoing acts of all
types of discrimination that harm the student body. This
resolution encourages public education institutions to
further protect their students from discrimination.
ARGUMENTS IN OPPOSITION : The American College of
Pediatricians is opposed because they believe it is not
clear how discrimination is defined. Alameda Concerned
Parents has expressed opposition to this resolution because
they believe "sexual orientation and gender do not belong
in the same category with race because they are not
immutable." They further believe that "sexual orientation
and gender are controversial issues with two legally
protected viewpoints, yet one viewpoint is being
systematically silenced in schools."
CPM:cm 4/8/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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