BILL NUMBER: AB 1785 CHAPTERED
BILL TEXT
CHAPTER 955
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000
APPROVED BY GOVERNOR SEPTEMBER 29, 2000
PASSED THE ASSEMBLY AUGUST 30, 2000
PASSED THE SENATE AUGUST 29, 2000
AMENDED IN SENATE AUGUST 28, 2000
AMENDED IN SENATE AUGUST 8, 2000
AMENDED IN ASSEMBLY MAY 26, 2000
AMENDED IN ASSEMBLY MAY 1, 2000
INTRODUCED BY Assembly Member Villaraigosa
(Coauthors: Assembly Members Bock, Calderon, Keeley, Knox, Kuehl,
Longville, Lowenthal, Mazzoni, Steinberg, and Washington)
(Coauthors: Senators Alarcon, Hughes, Murray, and Solis)
JANUARY 26, 2000
An act to amend Sections 233, 32228, 32228.1, 44253.2, and 44253.3
of the Education Code, and to amend Sections 628, 628.1, 628.2, and
628.5 of the Penal Code, relating to hate violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 1785, Villaraigosa. Hate violence.
(1) Existing law requires the State Board of Education to revise
as specified, the state curriculum frameworks and guidelines and the
moral and civic education curricula to include human relations
education, with the aim of fostering an appreciation of people of
different ethnicities.
This bill instead would require the State Board of Education to
revise the state curriculum frameworks and guidelines and the moral
and civic education curricula to include human relations education,
with the aim of fostering an appreciation of the diversity of
California's population and discouraging the development of
discriminatory attitudes and practices.
(2) Existing law states the Legislature's intent relating to
school safety and violence prevention and that schoolsites receiving
funds accomplish specified goals.
This bill would state the Legislature's additional intent that
public schools have access to supplemental resources to combat bias
based on membership in specified groups or classifications, and to
prevent and respond to acts of hate violence and bias related
incidents. The bill would also state additional goals for
schoolsites receiving funds to include programs and curricula
relating to bias, stereotyping, and discrimination as specified.
(3) Existing law empowers the Commission on Teacher Credentialing
to issue a certificate that authorizes the holder of the certificate
to provide various services to limited-English-proficient pupils.
Minimum requirements are specified for issuance of that certificate.
This bill would add a course in human relations as a prerequisite
to obtaining the above credential and would define culture and
cultural diversity to mean an understanding of human relations as
specified.
(4) Existing law requires that school districts report on crimes
committed on school grounds, as specified. Existing law requires the
State Department of Education, in consultation with the Department
of Justice and a representative selection of school districts, to
develop a standard school crime reporting form. Existing law
requires the department to identify guidelines for reporting, and
documentation for validating, the incidents of each crime description
included on the standard school crime reporting forms, as specified.
This bill would require the department to specifically include
reporting of hate motivated incidents and hate crimes, as defined, on
the standard school crime reporting form. This bill would also
require the department to establish reporting guidelines and
documentation for validation criteria for hate crimes, as defined.
By increasing the reporting duty of school districts, this bill would
impose a state-mandated local program.
(5) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Hate motivated incidents and hate crimes jeopardize the safety
and well-being of all students and staff and are injurious to those
victimized by such behavior. Unfortunately, there has been an
increasing level of hate motivated incidents and hate crimes in our
schools and communities.
(b) Current law requires school districts to report crime
statistics to the State Department of Education for compilation in
the annual California Safe Schools Assessment. However, the ongoing
collection of information on the number of hate crimes and hate
motivated incidents on school grounds is not part of the compilation.
(c) In 1999, the Legislature enacted the Carl Washington School
Safety and Violence Prevention Act, and appropriated one hundred
million dollars ($100,000,000) for its purposes. Preventing and
responding to acts of hate violence should be an explicit priority
for expenditure.
(d) It should be the goal of the state to insure that students,
teachers, administrators, and support staff appreciate and respect
diversity, understand the roles and contributions of people of
diverse groups, and are prepared to interact harmoniously, work
productively, and thrive personally in a pluralistic society.
(e) Better data collection of hate motivated incidents and hate
crimes will provide useful information, locally and at the state
level, to assist in targeting limited resources with greater
effectiveness.
SEC. 2. Section 233 of the Education Code is amended to read:
233. (a) At the request of the Superintendent of Public
Instruction, the State Board of Education shall do all of the
following as long as the board's actions do not result in a state
mandate or an increase in costs to a state or local program:
(1) Adopt policies directed toward creating a school environment
in kindergarten and grades 1 to 12, inclusive, that is free from
discriminatory attitudes and practices and acts of hate violence.
(2) Revise, as needed, and in accordance with the State Board of
Education's adopted Schedule for Curriculum Framework Development and
Adoption of Instructional Materials developed pursuant to Section
60200, the state curriculum frameworks and guidelines and the moral
and civic education curricula to include human relations education,
with the aim of fostering an appreciation of the diversity of
California's population and discouraging the development of
discriminatory attitudes and practices.
(3) Establish guidelines for use in teacher and administrator
in-service training programs to promote an appreciation of diversity
and to discourage the development of discriminatory attitudes and
practices that prevent pupils from achieving their full potential.
(4) Establish guidelines for use in teacher and administrator
in-service training programs designed to enable teachers and
administrators to prevent and respond to acts of hate violence
occurring on their school campuses.
(5) Establish guidelines designed to raise the awareness and
sensitivity of teachers, administrators, and school employees to
potentially prejudicial and discriminatory behavior and to encourage
the participation of these groups in these programs.
(6) Develop guidelines relating to the development of
nondiscriminatory instructional and counseling methods.
(7) Revise any appropriate guidelines previously adopted by the
board to include procedures for preventing and responding to acts of
hate violence.
(b) The State Department of Education, in accordance with policies
established by the State Board of Education for purposes of this
subdivision, shall do all of the following:
(1) Prepare guidelines for the design and implementation of local
programs and instructional curricula that promote understanding,
awareness, and appreciation of the contributions of people with
diverse backgrounds and of harmonious relations in a diverse society.
The guidelines shall include methods of evaluating the programs and
curricula and suggested procedures to ensure coordination of the
programs and curricula with appropriate local public and private
agencies.
(2) Provide grants, from funds appropriated for that purpose, to
school districts and county offices of education to develop programs
and curricula consistent with the guidelines developed in paragraph
(1).
(3) To the extent possible, provide advice and direct services,
consistent with the guidelines developed in paragraph (1), to school
districts and county offices of education that implement the programs
and curricula developed in paragraph (2).
(c) The State Board of Education shall carry out this section only
if private funds, in an amount sufficient to pay for related State
Department of Education staff activities on behalf of the board, are
made available.
(d) Nothing in this section shall be construed to require the
governing board of a school district to offer any ethnic studies or
human relations courses in the district.
(e) As used in this section, "hate violence" means any act
punishable under Section 422.6, 422.7, or 422.75 of the Penal Code.
SEC. 3. Section 32228 of the Education Code is amended to read:
32228. (a) It is the intent of the Legislature that public
schools serving pupils in kindergarten or any of grades 1 to 12,
inclusive, have access to supplemental resources to establish
programs and strategies that promote school safety and emphasize
violence prevention among children and youth in the public schools.
(b) It is also the intent of the Legislature that public schools
have access to supplemental resources to combat bias on the basis of
race, color, religion, ancestry, national origin, disability, gender,
or sexual orientation, as defined in subdivision (q) of Section
12926 of the Government Code, and to prevent and respond to acts of
hate violence and bias related incidents. Sexual orientation shall
not include pedophilia.
(c) It is further the intent of the Legislature that schoolsites
receiving funds pursuant to this article accomplish all of the
following goals:
(1) Teach pupils techniques for resolving conflicts without
violence.
(2) Train school staff and administrators to support and promote
conflict resolution and mediation techniques for resolving conflicts
between and among pupils.
(3) Reduce incidents of violence at the schoolsite with an
emphasis on prevention and early detection.
SEC. 4. Section 32228.1 of the Education Code is amended to read:
32228.1. (a) The School Safety and Violence Prevention Act is
hereby established. This statewide program shall be administered by
the Superintendent of Public Instruction, who shall provide funds to
school districts serving pupils in kindergarten or any of grades 1 to
12, inclusive, for the purpose of promoting school safety and
reducing schoolsite violence. As a condition of receiving funds
pursuant to this article, an eligible school district shall certify,
on forms and in a manner required by the Superintendent of Public
Instruction, that the funds will be used as described
(b) From funds appropriated in the annual Budget Act or any other
measure, funds shall be allocated to school districts on the basis of
prior year enrollment, as reported by the California Basic
Educational Data System, of pupils in kindergarten or any of grades 1
to 12, inclusive, for any one or more of the following purposes:
(1) Providing schools with personnel, including, but not limited
to, licensed or certificated school counselors, school social
workers, school nurses, and school psychologists, who are trained in
conflict resolution. Any law enforcement personnel hired pursuant to
this article shall be trained and sworn peace officers.
(2) Providing effective and accessible on-campus communication
devices and other school safety infrastructure needs.
(3) Establishing an in-service training program for school staff
to learn to identify at-risk pupils, to communicate effectively with
those pupils, and to refer those pupils to appropriate counseling.
(4) Establishing cooperative arrangements with local law
enforcement agencies for appropriate school-community relationships.
(5) Preventing and responding to acts of hate violence and bias
related incidents, including implementation of programs and
instructional curricula consistent with the goals set forth in this
section and guidelines developed pursuant to paragraph (1) of
subdivision (b) of Section 233.
(6) For any other purpose that the school or school district
determines that would materially contribute to meeting the goals and
objectives of current law in providing for safe schools and
preventing violence among pupils.
SEC. 5. Section 44253.2 of the Education Code is amended to read:
44253.2. For the purposes of this chapter, the following terms
shall have the following meanings, unless the context otherwise
requires:
(a) "Instruction for English language development" means
instruction designed specifically for limited-English-proficient
pupils to develop their listening, speaking, reading, and writing
skills in English.
(b) "Specially designed content instruction delivered in English"
means instruction in a subject area, delivered in English, that is
specially designed to meet the needs of limited-English-proficient
pupils.
(c) "Content instruction delivered in the primary language" means
instruction in a subject area delivered in the primary language of
the pupil.
(d) "Instruction for primary language development" means
instruction designed to develop a pupil's listening, speaking,
reading, and writing skills in the primary language of the pupil.
(e) "Culture and cultural diversity" means an understanding of
human relations, including the following:
(1) The nature and content of culture.
(2) Cross cultural contact and interactions.
(3) Cultural diversity in the United States and California.
(4) Approaches to providing instruction responsive to the
diversity of the student population.
(5) Recognizing and responding to behavior related to bias based
on race, color, religion, nationality, country of origin, ancestry,
gender, disability, or sexual orientation.
(6) Techniques for the peaceful resolution of conflict.
SEC. 6. Section 44253.3 of the Education Code is amended to read:
44253.3. (a) The commission shall issue a certificate that
authorizes the holder to provide all of the following services to
limited-English-proficient pupils:
(1) Instruction for English language development in preschool,
kindergarten, grades 1 to 12, inclusive, and classes organized
primarily for adults, except when the requirement specified in
paragraph (1) of subdivision (b) of Section 44253.3 is satisfied by
the possession of a children's center instructional permit pursuant
to Sections 8363 and 44252.7, a children's center supervision permit
pursuant to Section 8363, or a designated subjects teaching
credential in adult education pursuant to Section 44260.2. If the
requirement specified in paragraph (1) of subdivision (b) of Section
44253.3 is satisfied by the possession of a children's center
instructional permit, or a children's center supervision permit, then
instruction for English language development shall be limited to the
programs authorized by that permit. If the requirement specified in
paragraph (1) of subdivision (b) of Section 44253.3 is satisfied by
the possession of a designated subjects teaching credential in adult
education, then instruction for English language development shall be
limited to classes organized primarily for adults.
(2) Specially designed content instruction delivered in English in
the subjects and at the levels authorized by the teacher's
prerequisite credential or permit used to satisfy the requirement
specified in paragraph (1) of subdivision (b) of Section 44253.3.
(b) The minimum requirements for the certificate shall include all
of the following:
(1) Possession of a valid California teaching credential, services
credential, children's center instructional permit, or children's
center supervision permit which credential or permit authorizes the
holder to provide instruction to pupils in preschool, kindergarten,
any of grades 1 to 12, inclusive, or classes primarily organized for
adults, except for the following:
(A) Emergency credentials or permits.
(B) Exchange credentials as specified in Section 44333.
(C) District intern certificates as specified in Section 44325.
(D) Sojourn certificated employee credentials as specified in
Section 44856.
(E) Teacher education internship credentials as specified in
Article 3 (commencing with Section 44450) of Chapter 3.
(2) Passage of one or more examinations that the commission
determines are necessary for demonstrating the knowledge and skills
required for effective delivery of the services authorized by the
certificate.
(3) Completion of at least six semester units, or nine quarter
units, of coursework in a second language at a regionally accredited
institution of postsecondary education. The commission shall
establish minimum standards for scholarship in the required
coursework. The commission shall also establish alternative ways in
which the requirement can be satisfied by language-learning
experience that creates an awareness of the challenges of
second-language acquisition and development.
(c) Completion of coursework in human relations in accordance with
the commission's standards of program quality and effectiveness that
includes, at minimum instruction in the following:
(1) The nature and content of culture.
(2) Cross cultural contact and interactions.
(3) Cultural diversity in the United States and California.
(4) Providing instruction responsive to the diversity of the
student population.
(5) Recognizing and responding to behavior related to bias based
on race, color, religion, nationality, country of origin, ancestry,
gender, disability, or sexual orientation.
(6) Techniques for the peaceful resolution of conflict.
(d) The commission shall establish alternative requirements for a
teacher to earn the certificate, which shall be awarded as a
supplementary authorization pursuant to subdivision (e) of Section
44225.
(e) The certificate shall remain valid as long as the prerequisite
credential or permit specified in paragraph (1) of subdivision (b)
of Section 44253.3 remains valid.
SEC. 7. Section 628 of the Penal Code is amended to read:
628. It is the intent of the Legislature in enacting this section
to ensure that schools, school districts, local government, and the
Legislature have sufficient data and information about the type and
frequency of crime, including hate motivated incidents and hate
crimes, occurring on school campuses to permit development of
effective programs and techniques to combat crime on school campuses.
SEC. 8. Section 628.1 of the Penal Code is amended to read:
628.1. (a) By June 30, 1995, the State Department of Education,
in consultation with the Department of Justice and a representative
selection of school districts and county offices of education which
currently compile school crime statistics, shall develop a standard
school crime reporting form for use by all school districts and
county offices of education throughout the state. No individual
shall be identified by name or in any other manner on this reporting
form. The form shall define what constitutes the criminal activity
required to be reported and shall include, but not be limited to, all
of the following:
(1) Description of the crime or incident, including hate motivated
incidents or hate crimes.
(2) Victim characteristics.
(3) Suspect characteristics, if known.
(b) For purposes of this section the following definitions shall
apply:
(1) "Hate motivated incident" means an act or attempted act which
constitutes an expression of hostility against a person or property
or institution because of the victim's real or perceived race,
religion, disability, gender, nationality, or sexual orientation.
This may include using bigoted insults, taunts, or slurs,
distributing or posting hate group literature or posters, defacing,
removing, or destroying posted materials or announcements, posting or
circulating demeaning jokes or leaflets.
(2) "Hate crime" means an act or attempted act against the person
or property of another individual or institution which in any way
manifest evidence of hostility toward the victim because of his or
her actual or perceived race, religion, disability, gender,
nationality, or sexual orientation. This includes, but is not
limited to, threatening telephone calls, hate mail, physical assault,
vandalism, cross burning, destruction of religious symbols, or fire
bombings.
SEC. 9. Section 628.2 of the Penal Code is amended to read:
628.2. (a) On forms prepared and supplied by the State Department
of Education, each principal of a school in a school district and
each principal or director of a school, program, or camp under the
jurisdiction of the county superintendent of schools shall forward a
completed report of crimes committed, including hate motivated
incidents and hate crimes as defined in paragraphs (1) and (2) of
subdivision (b) of Section 628.1, on school or camp grounds at the
end of each reporting period to the district superintendent or county
superintendent of schools, as the case may be.
(b) The district superintendent, or, as appropriate, the county
superintendent of schools, shall compile the school data and submit
the aggregated data to the State Department of Education not later
than February 1 for the reporting period of July 1 through December
31, and not later than August 1 for the reporting period of January 1
through June 30.
(c) The superintendent of any school district that maintains a
police department pursuant to Section 39670 of the Education Code may
direct the chief of police or other administrator of that department
to prepare the completed report of crimes for one or more schools in
the district, to compile the school data for the district, and to
submit the aggregated data to the State Department of Education in
accordance with this section. If the chief of police or other
designated administrator completes the report of crimes, the chief of
police or other designated administrator shall provide information
to each school principal about the school crime reporting program,
the crime descriptions, including hate motivated incidents and hate
crimes as defined in paragraphs (1) and (2) of subdivision (b) of
Section 628.1, included in the reporting program, the reporting
guidelines, and the required documentation identified by the State
Department of Education for each crime description.
(d) The State Department of Education shall distribute, upon
request, to each school district governing board, each office of the
county superintendent of schools, each county probation department,
the Attorney General, the Fair Employment and Housing Commission,
county human relations commissions, civil rights organizations, and
private organizations, a summary of the statewide aggregated data.
The department also shall distribute, upon request, to each office of
the county superintendent of schools, each county sheriff, and each
county probation department, a summary of that county's school
district reports and county reports. This information shall be
supplied not later than March 1 of each year for the previous school
year. The department shall also submit to the Legislature a summary
of the statewide aggregated data not later than March 1 of each year
for the previous school year. In addition, commencing with the
second annual report, the department shall identify and analyze
trends in school crime by comparing the numbers and rates of crimes
and the resulting economic losses for each year against those of
previous years.
(e) All school district, county, and statewide reports prepared
under this chapter shall be deemed public documents and shall be made
available to the public at a price not to exceed the actual cost of
duplication and distribution.
SEC. 10. Section 628.5 of the Penal Code is amended to read:
628.5. The Legislature hereby recognizes that all pupils enrolled
in California public schools have the inalienable right to attend
classes on campuses that are safe, secure, and peaceful. The
Legislature also recognizes the importance of accurate school crime
data, including data on hate motivated incidents and hate crimes as
defined in paragraphs (1) and (2) of subdivision (b) of Section
628.1, in developing and implementing school safety strategies and
programs.
The State Department of Education, in consultation with school
districts and county offices of education, shall identify guidelines
for reporting and documentation for validating the incidents of each
crime description contained on the standard school crime reporting
forms prepared pursuant to Sections 628.1 and 628.2. Reporting
guidelines and documentation for validation criteria shall be
established for each crime description, including, but not limited
to, all of the following: battery, assault with a deadly weapon,
graffiti, homicide, sex offenses, robbery, extortion, drug and
alcohol offenses, possession of weapons, destructive devices, arson,
burglary, theft, vandalism, and hate motivated incidents and hate
crimes as defined in paragraphs (1) and (2) of subdivision (b) of
Section 628.1.
SEC. 11. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.