BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 645
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          Date of Hearing:  January 10, 2012

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Marty Block, Chair
                    AB 645 (Davis) - As Amended:  January 4, 2012
           
          SUBJECT  :  Postsecondary education.

           SUMMARY  :  Mandates the California State University (CSU) and 
          requests the University of California (UC) to require students 
          entering the university during or after the 2013-14 academic 
          year, regardless of major, to complete two courses in ethnic 
          studies prior to graduation.   

           FISCAL EFFECT  : Unknown    

           COMMENTS  :   Purpose of this bill  . According to background 
          information provided by the author, this bill seeks to address 
          "the lack of cultural and ethnic sensitivity on college campuses 
          throughout the state." The author argues this can be 
          "exemplified by the Compton Cookout party held at UC San Diego, 
          the racist bake sale at UC Berkeley, and the fried chicken day 
          in the cafeteria for Martin Luther King, Jr. Day at UC Irvine." 
          According to the author, this insensitivity largely stems from 
          ignorance to the ethnic and cultural complexities and dynamics 
          that are taught in ethnic studies courses. The author further 
          argues that "in a twenty-first century global economy, to not 
          have ethnic studies courses required, impedes students' ability 
          to effectively interact with people in the global market." 

           Background  : In response to incidences of hate crimes, prejudice 
          and bigotry on California's public college and university 
          campuses in 2010, this Committee conducted an oversight hearing, 
          on June 22, 2010, to address the adequacy of campus responses to 
          the occurrences, and potential improvements in system and campus 
          policies governing hate, violence, and bigotry.  At that hearing 
          the Committee heard testimony from affected community members, 
          public college and university representatives, and various 
          organizations on the variety of educational tools and campus 
          policies that can be used to minimize violence and hate speech.

           Existing CSU requirements  . Current law provides the CSU Board of 
          Trustees (BOT) authority to adopt rules and regulations 
          governing CSU, so long as those rules and regulations are not 
          inconsistent with California laws. Through regulation, CSU BOT 








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          authorizes campuses to establish and maintain degree 
          requirements that meet industry needs, accreditation 
          requirements, and overall academic goals. The CSU BOT has, 
          however, established degree guidelines and general education 
          requirements for CSU graduates. The CSU General Education 
          Breadth (GE-Breadth) coursework requirements are designed to 
          ensure students have developed specific knowledge and skills. 
          Under the GE-Breadth "Area D" requirement students must complete 
          a minimum of 12 semester units of coursework designed to examine 
          issues in their contemporary as well as historical settings and 
          in a variety of cultural contexts. Ethnic Studies exists as a 
          sub-area within the "Area D" requirement. 

           Ethnic studies and cultural/global awareness  . This bill does not 
          contain a definition for "ethnic studies." Traditionally ethnic 
          studies departments focus on race and ethnicity with a goal 
          toward better understanding the social, political, and cultural 
          factors that contribute to racism and racial diversity. The CSU 
          Chancellor's Office notes that while ethnic studies are very 
          important courses, there are many educational experiences that 
          provide outcomes of increased understanding of diverse 
          ethnicities and cultures. For example, CSU points to study 
          abroad programs, internships, language courses, service-learning 
          courses, and the numerous culturally focused courses in a 
          variety of disciplines. It is unclear if the author intends for 
          these additional types of courses and programs to be included 
          under the term "ethnic studies." Committee staff understands the 
          author intends to add a definition for "ethnic studies" to the 
          bill at a later date.

           Impact on transfer requirements  . In recent years the Legislature 
          has pushed the public postsecondary education segments to 
          increase the number of degree holders and to reduce the amount 
          of time it takes students to obtain a degree. Recently enacted 
          legislation, SB 1440 (Padilla, Chapter 428, Statutes of 2010), 
          furthers this effort by requiring California Community Colleges 
          (CCC) and CSU to develop undergraduate degrees with 120 unit 
          requirements, with no more than 60 units being taken at the CSU. 
          While this bill places the ethnic studies coursework requirement 
          on CSU graduates, it does not specify whether these courses 
          would be taken as lower-division (at CCC) or as upper-division 
          (at CSU). It is unclear how the requirement contained in this 
          bill would impact the SB 1440 model curriculums currently being 
          established. The CSU Chancellor's Office believes that this bill 
          would require the systems to redo work that has been completed 








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          in the last year and, by establishing a new six unit 
          requirement, would threaten CSU's ability to meet the 120 unit 
          degree limitation. 

           Applicability to UC.   The California Constitution (Section 9 of 
          Article IX) establishes UC as a public trust and confers the 
          full powers of the UC upon the UC Regents.  The Constitution 
          establishes that the UC is subject to legislative control only 
          to the degree necessary to ensure the security of its funds and 
          compliance with the terms of its endowments.  Judicial decisions 
          have held that there are three additional areas in which there 
          may be limited legislative intrusion: authority over the 
          appropriation of state moneys; exercise of the general police 
          power to provide for the public health, safety and welfare; and 
          legislation on matters of general statewide concern not 
          involving internal university affairs. Recognizing these 
          limitations, this bill requests, but does not require, UC to 
          comply with the provisions of the bill. 

           UC graduation requirements  .  UC curriculum and degree 
          requirements are established by the faculty and often differ 
          among the individual campuses. A preliminary inquiry into ethnic 
          studies or similar coursework requirements found several UC 
          campuses with established standards.  For example, UC Santa 
          Cruz, as of Fall 2010, requires students to take one course in 
          "cross-cultural analysis" and one course in "ethnicity and 
          race".  UC Irvine requires students to take at least one course 
          focusing on the experiences of minority groups within the United 
          States.  UC Santa Barbara requires at least one course focusing 
          on "the intellectual, social and cultural experience, and the 
          history of one of the following: Native Americans, African 
          Americans, Chicanos/Latinos, Asian Americans, or a course that 
          provides a comparative and integrative context for understanding 
          the experiences of oppressed and excluded racial minorities in 
          the United States." 

           The Committee may wish to consider the following  : How will this 
          bill affect the traditional role of the CSU BOT and Academic 
          Senates in establishing degree requirements? Who should define 
          "ethnic studies" and who should maintain responsibility for 
          authorizing courses/programs that meet the requirement? Is this 
          requirement applicable to undergraduate students, graduate 
          students, or both? For undergraduate students, should the 
          required courses be taken as lower-division or upper-division 
          courses? How is this requirement intended to interact with the 








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          requirements for CCC transfer students under SB 1440? Should 
          exemptions or alternative methods for meeting the requirement be 
          authorized for high unit majors, second baccalaureate seekers, 
          and/or transfer students?  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Asian American Studies Program at California State University, 
          Fullerton
          College of Ethnic Studies at San Francisco State University
          Department of Ethnic Studies at California State University, 
          Sacramento
          Department of Pan-African Studies at California State 
          University, Los Angeles 
          Department of Recreation, Parks, & Tourism at San Francisco 
          State University

           Opposition 
           
          Academic Senate of the California State University
          California State University, Office of the Chancellor
          University of California, Office of the President
           

          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916) 
          319-3960