BILL ANALYSIS �
AB 620
Page 1
Date of Hearing: March 29, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 620 (Block) - As Amended: March 22, 2011
SUBJECT : Public postsecondary education: nondiscrimination and
training: sexual orientation and gender identity and gender
expression.
SUMMARY : Requires the California State University (CSU) Board
of Trustees and the California Community Colleges (CCC) Board of
Governors, and requests the University of California (UC) Board
of Regents, to take specified actions related to data
collection, campus policies and services, and training programs
related to lesbian, gay, bisexual and transgender (LGBT)
students, faculty and staff, and requires the California
Postsecondary Education Commission (CPEC) to assess and publish
best practices to improve the quality of life for LGBT students,
faculty, and staff. Specifically, this bill :
1)Requires the CSU Board of Trustees and CCC Board of Governors,
and requests the UC Board of Regents, do the following:
a) Adopt policies on harassment, intimidation, and bullying
to be included within the rules and regulations governing
student behavior;
b) Designate an employee at each of their respective
campuses to address the needs of LGBT faculty, staff, and
students, and publish the designee's name and contact
information on the Internet website for the respective
campus and in any print and Internet-based campus
directories; and,
c) Develop and implement professional development and
awareness training programs that meet the following
requirements:
i) Train faculty to generate a curriculum that is
inclusive of all students;
ii) Provide strategies for addressing the harassment of
LGBT students in and out of the classroom;
AB 620
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iii) Provide campus public safety officers with training
regarding hate crimes and harassment directed toward LGBT
persons;
iv) Train financial aid advisors with respect to the
availability of scholarships specific to LGBT persons,
and provide training on how to assist students with
same-sex parents in completing financial aid
applications; and,
v) Incorporate other content relevant to LGBT persons,
as appropriate.
d) Collect data from faculty, staff, or students relative
to gender, race, ethnicity, or other demographics on any
new or updated forms used to collect that demographic data
to allow the faculty, staff or students to identify their
sexual orientation, gender identity, and gender expression,
which the systems are requested to share with CPEC if
authorized by the participants and without individually
identifying information.
2)Requires CPEC to do the following:
a) Assess the quality of life for LGBT faculty, staff and
students at the UC, CSU and CCC systems, and make
recommendations to each of these institutions based on the
assessment;
b) Convene focus groups to address the needs of LGBT
students and to develop recommendations for best practices
for improving the quality of life at the UC, CSU, and CCC
campuses for LGBT student and to address their concerns,
and authorizes CPEC to provide training to UC, CSU, and CCC
administrators based on the best practices recommendations;
and,
c) Publish a summary of the best practices recommendations
on its Internet Web site.
3)Makes various conforming changes to existing nondiscrimination
laws affecting postsecondary educational institutions and
programs and requirements related to hate violence, as
defined, to additionally include sexual orientation, gender
identity, and gender expression within the scope of those
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programs and requirements.
EXISTING LAW , the Equity in Higher Education Act, which is part
of the Donahoe Higher Education Act, provides that it is the
policy of the state to afford all persons, regardless of
disability, gender, nationality, race or ethnicity, religion,
sexual orientation, or other specified bases, equal rights and
opportunities in California's postsecondary education
institutions.
FISCAL EFFECT : Unknown. It should be noted that the
Governor's 2011-12 Budget proposes a $500 million reduction to
both UC and CSU and a $400 million reduction to CCC.
COMMENTS : Background . This bill includes recommendations from
the June 2009 CPEC report, "Access and Equity for all Students:
Meeting the Needs of LGBT Students," which outlines policy
recommendations supported by research and by individual working
in advocacy for LGBT students in higher education. According to
the report, LGBT students face many challenges that require
additional campus services and resources for them to be
successful in college. Compared to heterosexual students, LGBT
students face higher rates of mental health problems, sexual
health risks, substance abuse, and family issues leading to
negative health outcomes. CPEC also identified the lack of data
and limitations as a significant issue in serving LGBT students
because, without consistent longitudinal data, it is difficult
to track and assess LGBT student persistence and degree
completion. According to CPEC, surveys do not always include
questions about sexual orientation and gender identity or allow
students to voluntarily identify themselves as LGBT, except for
the UC Undergraduate Experience Survey (UCUES).
UCUES . UCUES solicits student opinions on all aspects of the UC
experience, covering such things as instruction, advising and
student services. UCUES also provides information about student
behaviors-their study habits and how they use their
time-documenting student attitudes, self-perceptions and goals
and providing demographic information not available through
other data sources. UCUES first included LGBT questions in 2006
and expanded them in the 2008 survey, which found that 33% of
LGBT student identify as having serious depression concerns (50%
higher than heterosexual students). 93% of heterosexual
students reported feeling "respected on campus" compared to 73%
of LGBT students, and substantially more LGBT than heterosexual
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students said they are aware of expressions of negative or
stereotypical views about sexual orientation.
Existing policies . Several sections of the Education Code and
the Government Code and Title 5 of the California Code of
Regulations protect students, faculty, and staff by prohibiting
discrimination, harassment, and retaliation on the basis of
disability, gender, nationality, race or ethnicity, religion,
sexual orientation, marital status, veteran status or age. In
addition, each of the segments include sexual orientation in
their nondiscrimination statements, and their policies address
harassment, intimidation and bullying.
Definition of gender expression : Staff was unable to find a
definition for gender expression in existing law, although AB
887 (Atkins), pending in the Assembly Judiciary Committee, would
define gender expression as meaning a person's gender-related
appearance and behavior whether or not stereotypically
associated with the person's assigned sex at birth. Staff
recommends this bill include the same definition of gender
expression.
REGISTERED SUPPORT / OPPOSITION :
Support
California Communities United Institute
Opposition
California State University
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960