Amended in Assembly May 31, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1653


Introduced by Assembly Member Weber

January 13, 2016


An act to amend Section 66302 of, and to add Section 66073 to, the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 1653, as amended, Weber. Postsecondary education: campus climate.

Existing law establishes the segments of postsecondary education in this state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, the California Community Colleges administered by the Board of Governors of the California Community Colleges, and private postsecondary educational institutions.

This bill would require the board, the trustees, and the governing body of each private postsecondary educational institution, as defined, and encouragebegin delete the regents,end deletebegin insert each University of California campus,end insert to each generate a report once every biennium of the legislative session, commencing with the 2017-18 Regular Session, that includes specified information related to thebegin insert respectiveend insert institution’s campus climate, as defined, post the report onbegin delete itsend deletebegin insert the respective institution’send insert Internet Web site, and submit the report to specified state bodies. For the purposes of the board’s report, the bill would require the board to request certain information from community college districts, and would provide that the board’s report shall be based on data available from participating community college districts. The bill would requirebegin delete the Department of Justice to provide guidance toend delete the board, the trustees,begin delete the regents,end delete and the governing body of each private postsecondary educationalbegin delete institution onend deletebegin insert institution, and would encourage the regents, to create, review every end insertbegin insert2 years thereafter, and, as necessary, update protocols, policies, and procedures regardingend insert compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the Violence Against Women Reauthorization Act of 2013.

Existing law requests the trustees, the regents, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior, as provided.

This bill would require the trustees and the governing board of each community college district, if they expend funds to support activities related to campus climate, as defined, to adopt and publish the above-described policies. By requiring community college districts to adopt and publish these policies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 66073 is added to the Education Code,
2to read:

3

66073.  

(a) The Board of Governors of the California
4Community Colleges and the Trustees of the California State
5University are required, andbegin delete the Regents of theend deletebegin insert eachend insert University of
6Californiabegin delete areend deletebegin insert campus isend insert encouraged, to generate a report once
7every biennium of the legislative session, commencing with the
82017-18 Regular Session, that shall include all of the following
9as to the respectivebegin delete segment:end deletebegin insert institution:end insert

P3    1(1) New and recent administrative efforts intended to affect
2campus climate.

3(2) Recent campus program developments that impact campus
4climate related to the following:

5(A) Gender.

6(B) Race.

7(C) Ethnicity.

8(D) National origin.

9(E) Religion.

10(F) Sexual orientation.

11(G) Disability.

12(H) Gender identity.

13(3) New and recent administrative efforts to reduce student food
14insecurity and student homelessness.

begin delete

15(4) Data, including, but not limited to, both of the following:

end delete
begin delete

16(A) Student demographic data.

end delete
begin delete

17(B) Crime data, including, but not limited to, the data required
18to be kept and disclosed in accordance with the Jeanne Clery
19Disclosure of Campus Security Policy and Campus Crime Statistics
20Act (20 U.S.C. Sec. 1092(f)) and the Violence Against Women
21Reauthorization Act of 2013 (20 U.S.C. Sec. 1092(f)(8)), and other
22hate crime statistics.

end delete

23(b) The governing body of each private postsecondary
24educational institution, as defined in Section 94858, shall generate
25a report once every biennium of the legislative session,
26commencing with the 2017-18 Regular Session, that shall include
27all of the information specified in paragraphs (1) to (3), inclusive,
28of subdivision (a) as to the institution.

29(c) The Board of Governors of the California Community
30Colleges, the Trustees of the California State University, and the
31governing body of each private postsecondary educational
32institution, as defined in Section 94858, are required, andbegin delete the
33Regents of theend delete
begin insert eachend insert University of Californiabegin delete areend deletebegin insert campus isend insert
34 encouraged, to each post the respective report on its Internet Web
35site.

36(d) Thebegin delete Department of Justice shall provide guidance to theend delete
37 Board of Governors of the California Community Colleges, the
38Trustees of the California State University,begin delete the Regents of the
39University of California,end delete
and the governing body of each private
40postsecondary educational institution, as defined in Section 94858,
P4    1begin delete onend deletebegin insert are required, and the Regents of the University of California
2are encouraged, to create, review every two years thereafter, and,
3as necessary, update protocols, policies, and procedures regardingend insert

4 compliance with the Jeanne Clery Disclosure of Campus Security
5Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f))
6and the Violence Against Women Reauthorization Act of 2013
7(20 U.S.C. Sec. 1092(f)(8)).

8(e) The Board of Governors of the California Community
9Colleges shall request, but not require, the information specified
10in paragraphs (1) to (3), inclusive,begin delete and subparagraph (B) of
11paragraph (4),end delete
of subdivisionbegin delete (a),end deletebegin insert (a)end insert from community college
12districts. The report of the board shall be based on data available
13from participating community college districts.

14(f) A report to be generated pursuant to this section shall be sent
15to the Governor, the Attorney General, and the appropriate policy
16committees of the Legislature.

17(g) For purposes of this section, “campus climate” means a
18measure of an individual’s experience within a learning
19environment, specifically focusing on the current attitudes,
20practices, policies, and behaviors of campus life that impact the
21success and retention of all members of a campus community.

22

SEC. 2.  

Section 66302 of the Education Code is amended to
23read:

24

66302.  

(a) If the Trustees of the California State University
25and the governing board of each community college district expend
26funds to support activities related to campus climate, as that term
27is defined in subdivision (g) of Section 66073, the Trustees of the
28California State University and the governing board of each
29community college district shall adopt and publish policies on
30harassment, intimidation, and bullying to be included within the
31rules and regulations governing student behavior within their
32respective segments of public postsecondary education.

33(b) The Regents of the University of California are requested
34to adopt and publish policies on harassment, intimidation, and
35bullying to be included within their rules and regulations governing
36student behavior.

37(c) It is the intent of the Legislature that rules and regulations
38governing student conduct be published, at a minimum, on the
39Internet Web site of each public postsecondary educational campus
40and as part of any printed material covering those rules and
P5    1regulations within the respective public postsecondary education
2system.

3

SEC. 3.  

If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.



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