BILL ANALYSIS
AB 222
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Date of Hearing: April 7, 1999
ASSEMBLY COMMITTEE ON EDUCATION
Kerry Mazzoni, Chair
AB 222 (Kuehl) - As Amended: March 24, 1999
SUBJECT : Discrimination based on sexual orientation in
instructional services and programs.
SUMMARY : Establishes the Dignity for All Students Act, which
adds sexual orientation as a prohibited basis for discrimination
in instructional services and programs. Specifically, this
bill :
1)Adds sexual orientation, defined as actual or perceived
heterosexuality, homosexuality, or bisexuality, as a
prohibited basis for discrimination in any program or activity
conducted by public or private schools (religious schools are
exempt) and postsecondary institutions that accept public
funds or enroll students who receive state student financial
aid.
2)Deletes provisions restricting the State Board of Education
(SBE) from undertaking specified actions as long as the
actions do not result in a state mandate or an increase in
costs to a state or local program, such as adopting policies
that create an environment free of discrimination. This bill
also deletes provisions requiring the SBE to carry out those
actions only if private funds are made available.
3)Adds sexual orientation to the basis on which discrimination
is prohibited relating to employment and advancement of
teachers and classified school employees, school district
residency requirements, specified postsecondary financial aid
programs, and employers in work-study programs.
4)Adds sexual orientation to the basis on which discrimination
is prohibited in any aspect of the operation of alternative
schools, charter schools, or interscholastic athletics.
5)Prohibits a teacher from giving instruction and a school
district from sponsoring any activity that reflects adversely
upon people because of their sexual orientation. Prohibits
the adoption of instructional materials that reflects
adversely upon people because of their sexual orientation.
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EXISTING LAW
1)Prohibits discrimination on the basis of sex, ethnic group
identification, race, national origin, religion, color, or
mental or physical disability in any program or activity
conducted by public or private schools (religious schools are
exempt) and postsecondary institutions that accept public
funds or enroll students who receive state student financial
aid.
2)Exempts educational institutions controlled by a religious
organization from prohibitions against discrimination if the
application of those prohibitions would not be consistent with
the religious tenets of that organization.
3)Requires the SBE to undertake specified actions as long as
those actions do not result in a state mandate or an increase
in costs to a state or local program. Requires the SBE to
carry out those actions only if private funds are made
available.
4)Prohibits discrimination based on race, sex, color, religion,
age, disability, ancestry, or national origin in every aspect
of personnel policy and practice of people employed in the
public school system. Prohibits discrimination based on race,
color, religious creed, sex, or national origin in the
recommendation of people for employment by governing boards of
community college districts.
5)Prohibits discrimination or different treatment in any aspect
of employment or opportunity for employment based on actual or
perceived sexual orientation. Provides an exemption for
religious associations or corporations not organized for
private profit. Provides an exemption for small employers.
6)For the purposes of establishing residency requirements,
prohibits the refusal of admission of students into school
districts based on race, ethnicity, sex, parental income,
scholastic achievement, or any other arbitrary consideration,
except if the admission negatively impacts the district's
court-ordered or voluntary desegregation plan.
7)Requires Cal Grant Program awards to be awarded without regard
to race, religion, creed, sex, or age. Requires specified
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postsecondary loans to be made without regard to race,
religion, creed or sex.
8)Prohibits any employer in work-study programs from
discriminating against applicants on the basis of race, color,
sex, religion, or national origin, or subject any applicant to
any other discriminatory practices prohibited by state or
federal law.
9)Prohibits discrimination based on race, sex, or ethnicity in
any aspect of the operation of alternative schools, or charter
schools. Prohibits any voluntary interscholastic athletic
association, of which any public school is a member, from
discriminating on the basis of race, sex, or ethnic origin.
10)Prohibits any teacher from giving instruction or any school
district to sponsor any activity that reflects adversely upon
people because of their race, sex, color, creed, handicap,
national origin, or ancestry. Prohibits any instructional
materials from being adopted which contains any matter
reflecting adversely upon people because of their race, color,
creed, national origin, ancestry, sex, handicap, or
occupation.
FISCAL EFFECT : Unknown
COMMENTS :
Need for this bill . According to the author, AB 222 "is
necessary to prevent discrimination and harassment against gay
and lesbian students and those students perceived to be gay or
lesbian. Anti-gay violence and harassment affects all youth.
In a survey funded by the Center for Diseases Control of over
8,000 high school students, one in thirteen students had been
attacked or harassed because they were perceived to be gay.
Four out of five of those students attacked or harassed for
being perceived to be gay were actually heterosexual. Like
their gay and lesbian peers, straight youth who are assaulted or
harassed, because they are thought to be gay or lesbian, are
also at greater risk of dropping out of school or committing
suicide. Recent data also indicates that violence against gay
and lesbian youth and those perceived to be gay or lesbian seems
to be escalating. As a society we all pay the price when young
people are assaulted and told in subtle and not so subtle ways
that their lives are worthless. AB 222 simply ensures that all
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students have access to an education free from intimidation,
violence, and fear."
Arguments in support . According to the California Child, Youth
and Family Coalition, "This basis of discrimination is not
simply a 'gay and lesbian issue.' Discrimination in any form
poisons the environment of the public schools and undermines
basic principles of justice. When students are permitted to
express fear and hatred toward any group, they learn the wrong
lesson. They learn that freedom is a 'sometime thing,'
available only to those in the safe majority. They learn that
intolerance is tolerated. They learn to hide their own
vulnerabilities. And, perhaps most devastating for communities
as a whole, students who are permitted to practice persecution
in school become more comfortable with the part of their natures
that is least compassionate, least human. In the end, a young
person who is permitted to do wrong learns, not only to love
others less, but to find less to love in himself or herself."
Arguments in opposition . According to the Traditional Values
Coalition, "Administrators already have the legal authority to
prevent harassment of any student for any reason, including
perceived homosexuality. The authority has been given to use
textbooks, curriculum, etc. to teach against harassment and
violence for any reason. . . . By specifically teaching the
acceptance of homosexuality to children who themselves believe
and their parents believe is wrong, this bill will directly
challenge the strongly held religious beliefs. The
implementation of AB 222 will result in religious-based
harassment of many students. Students are told by teachers that
homosexuality is legally equivalent with homosexuality and
opposing it is homophobic. They will be called homophobes by
other students and teachers. This is harassment. They are made
to feel that their religiously held beliefs are inferior."
Prior legislation . AB 101 (Kuehl) of last session added sexual
orientation as a prohibited basis of discrimination in
instructional services and programs. That bill failed passage
on the Assembly Floor. AB 1001 (Kuehl) of 1995 added sexual
orientation as a prohibited basis of discrimination in
instructional services and programs. That bill failed passage
in the Assembly Education Committee.
REGISTERED SUPPORT / OPPOSITION : (as of 4/2/99)
AB 222
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Support
California Teachers Association (co-sponsor)
California Alliance for Pride and Equality (co-sponsor)
California State PTA
California Community Colleges
California Department of Education
California Federation of Teachers
California School Employees Association
California Association of School Psychologists
Community College League of California
Adult & Child Guidance Center, San Jose
Alum Rock Counseling Center, San Jose
American Association of University Women
American Civil Liberties Union
All Our Families Coalition
Bay Area Gay-Straight Alliance Network
Ben Wilson Center, San Jose
Bien Estar, Pomona
California Arts Advocates
California Alliance for Pride and Equality
California Association for Health, Physical Education,
Recreation and Dance
California Association of School Health Educators
California Association of School Psychologists
California Child, Youth and Family Coalition
California Church IMPACT
California Faculty Association
Catholic Charities of San Jose
City of West Hollywood
Collegiate Alliance for Pride, Pomona
Eleanor Roosevelt Democratic Club, Orange County
Faculty Association of the California Community Colleges
Friends Committee on Legislation of California
Friends of Project 10, Inc.
Inland Empire Lesbian & Gay Democratic Club
Junior State of America
Lambda Community Fund, Sacramento
Lambda Legal Defense & Education Fund
Lavender Life, Claremont/Pomona Valley
LA Gay & Lesbian Center
Legal Advocates for Children & Youth, San Jose
Legal Services for Children
Los Angeles Board of Education, David Tokofsky
Marin Youth Commissioners
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Mira Vista United Church of Christ, El Cerrito
NOW, Pomona Valley
PFLAG Claremont/Pomona Valley
Pacific Pride Foundation, Santa Barbara
Parents for Safer Schools, Upland
People for the American Way
San Diego Democratic Club
Santa Barbara Stonewall Democratic Club
Social Advocates for Youth, San Jose
Stonewall Alliance of Chico
YWCA of the Mid-Peninsula
West Hollywood Presbyterian
The Women's Center, CSUS Pomona
Member of the City of Los Angeles Board of Education
12 members of the Marin County Youth Commission
Many individuals
Opposition
Traditional Values Coalition
Committee on Moral Concerns
Women Volunteers in Politics
Capitol Resource Institute
Christian Coalition of California
Anaheim Discovery Christian School
Arlington Avenue Church of the Nazarene
Dikaios Christian Educators Association
Evangelical Free Church of Huntington Beach
Evangelical Free Church of Orange
Evangelical Free Church of Turlock
Fremont Community Church
Fremont Deaf Church
Los Gatos Christian Church
Social Concerns Advisory Council, Fremont Evangelical Free
Church
Sunland Neighborhood Church
St. Peter's Lutheran Church & School
Iglesia de Cristo - Ministerios Elim
Approximately 120 individuals
Analysis Prepared by : Lynn Lorber / ED. / (916) 319-2087