BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 620
AUTHOR: Block
AMENDED: June 15, 2011
FISCAL COMM: Yes HEARING DATE: June 22, 2011
URGENCY: No CONSULTANT:Kathleen Chavira
NOTE : This bill has been referred to both the Senate
Committees on Education
and on Judiciary. A "do pass" motion should
include a referral to the
Senate Judiciary Committee.
SUBJECT : Sexual Orientation and Gender Identity Equity in
Higher Education.
SUMMARY
This bill establishes the Sexual Orientation and Gender
Identity Equity in Higher Education Act which:
Adds the attributes of sexual orientation, gender
identity, and gender expression to existing
nondiscrimination laws affecting postsecondary
educational institutions, programs, and requirements.
Requires the Trustees of the California State
University (CSU) and requests the Regents of the
University of California (UC) and local community
college governing boards to take specified actions
related to data collection, campus services and
policies.
Encourages the California Postsecondary Education
Commission (CPEC) to undertake specified related
activities.
BACKGROUND
Current law provides that it is the policy of the State of
California to afford all persons, regardless of disability,
gender, nationality, race or ethnicity, religion, sexual
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orientation, or any other basis that is contained in the
prohibition of hate crimes set forth in subdivision (a) of
Section 422.6 of the Penal Code, equal rights and
opportunities in the postsecondary institutions of the
state.
(Education Code � 66251)
Current law also declares it a goal of public higher
education that educational equity be achieved through
educational environments in which each person, regardless
of race, gender, age, disability or economic circumstances
has a reasonable change to fully develop his or her
potential.
(Education Code � 66010.2)
Current law provides that all students have the right to
participate fully in the educational process, free from
discrimination and harassment and that California's
postsecondary educational institutions have an affirmative
obligation to combat racism, sexism, and other forms of
bias, and a responsibility to provide equal educational
opportunity. Current law also declares the Legislature's
intent that each postsecondary educational institution
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 students to equal
educational opportunity.
(Education Code � 66252
ANALYSIS
This bill :
1) Adds the attributes of sexual orientation, gender
identity, and gender expression to existing
nondiscrimination laws affecting postsecondary
educational institutions, programs, and requirements,
including the existing definition of "hate violence"
on campuses, prohibitions against discrimination in
the awarding of Cal Grants, in state administration of
federal student loan programs, and in the hiring of
community college faculty.
2) Requires the CSU trustees and requests the Regents of
the UC and local community college governing boards in
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collecting demographic data, to allow students,
faculty, and staff to identify their sexual
orientation, gender identity and gender expression on
data collection forms and requests that this
information be shared with the California
Postsecondary Education Commission (CPEC).
3) Prohibits a governing board from being required to
update existing forms to collect this data but
requires that provision be made for its collection on
any new or updated demographic data collection forms.
4) Requests that the public segments share this
information with the California Postsecondary
Education Commission (CPEC).
5) Requires the Trustees of the California State
University and requests the Regents of the University
of California and local community college governing
boards to designate an employee at each campus as a
point of contact for the needs of these students, and
to adopt and publish policies on harassment,
intimidation, and bullying to govern student behavior
within their respective segments, as specified.
6) Encourages the CPEC to conduct an assessment and to
make recommendations on the quality of life of these
students at the campuses of the institutions.
7) Defines various terms for the bill's purposes.
STAFF COMMENTS
1) Origin of the bill . In June 2009, the CPEC issued a
paper, Access and Equity for all Students: Meeting the
Needs of LGBT Students outlining policy
recommendations supported by research and by
individuals working in advocacy for LGBT students in
higher education. The report found that LGBT students
face many challenges that require additional campus
services and resources and encouraged the CPEC to take
specified actions in regards to these issues. This
bill includes recommendations from the CPEC report.
2) Relevant budget activity . The Governor's proposed
budget for 2011-12 contained several related
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provisions. Among other things, it proposes a $500
million reduction to both the UC and CSU and a $290
million reduction (when offset by proposed fee
revenue) to the CCC. In addition, the Governor's May
revise proposed the elimination of the CPEC.
SUPPORT
None received on this version.
OPPOSITION
None received on this version.