AB 677: Data collection: sexual orientation.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-10-13
(1)Existing law relating to elementary and secondary education instruction prohibits the administration, as specified, of a test, questionnaire, survey, or examination that contains any questions about a pupils personal beliefs or practices in sex, family life, morality, and religion, or any questions about the pupils parents or guardians beliefs and practices in those areas unless the pupils parent or guardian gives written permission. Existing law authorizes local educational agencies granted specific funding to submit pupil data to an operator of an after school program or summer program regarding the results of certain survey information in aggregate form.
This bill would prohibit a local educational agency that chooses to administer a voluntary survey already including questions pertaining to sexual orientation and gender identity from removing those questions.
(2)The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act requires specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. Existing law prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. Existing law requires these state departments to comply with these provisions as early as possible, but no later than July 1, 2018.
This bill would expand the list of state entities that must comply with these reporting requirements, and would require those entities to comply as early as possible, but no later than July 1, 2019.
Existing law requires those state entities, during the regular process of reporting demographic data to the Legislature, to also report data collected with respect to sexual orientation and gender discrimination and the method used to collect that data, except for confidential personal identifying information. Existing law authorizes those state entities to collect demographic information from other entities, under specified circumstances.
This bill would instead make these separate reporting requirements. The bill would also authorize those state entities to collect aggregated data provided to a state department by a 3rd-party entity, including, but not limited to, a private employer.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law relating to elementary and secondary education instruction prohibits the administration, as specified, of a test, questionnaire, survey, or examination that contains any questions about a pupils personal beliefs or practices in sex, family life, morality, and religion, or any questions about the pupils parents or guardians beliefs and practices in those areas unless the pupils parent or guardian gives written permission. Existing law authorizes local educational agencies granted specific funding to submit pupil data to an operator of an after school program or summer program regarding the results of certain survey information in aggregate form.
This bill would prohibit a local educational agency that chooses to administer a voluntary survey already including questions pertaining to sexual orientation and gender identity from removing those questions.
(2)The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act requires specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. Existing law prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. Existing law requires these state departments to comply with these provisions as early as possible, but no later than July 1, 2018.
This bill would expand the list of state entities that must comply with these reporting requirements, and would require those entities to comply as early as possible, but no later than July 1, 2019.
Existing law requires those state entities, during the regular process of reporting demographic data to the Legislature, to also report data collected with respect to sexual orientation and gender discrimination and the method used to collect that data, except for confidential personal identifying information. Existing law authorizes those state entities to collect demographic information from other entities, under specified circumstances.
This bill would instead make these separate reporting requirements. The bill would also authorize those state entities to collect aggregated data provided to a state department by a 3rd-party entity, including, but not limited to, a private employer.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law relating to elementary and secondary education instruction prohibits the administration, as specified, of a test, questionnaire, survey, or examination that contains any questions about a pupils personal beliefs or practices in sex, family life, morality, and religion, or any questions about the pupils parents or guardians beliefs and practices in those areas unless the pupils parent or guardian gives written permission. Existing law authorizes local educational agencies granted specific funding to submit pupil data to an operator of an after school program or summer program regarding the results of certain survey information in aggregate form.
This bill would prohibit a local educational agency that chooses to administer a voluntary survey already including questions pertaining to sexual orientation and gender identity from removing those questions.
(2)The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act requires specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. Existing law prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. Existing law requires these state departments to comply with these provisions as early as possible, but no later than July 1, 2018.
This bill would expand the list of state entities that must comply with these reporting requirements, and would require those entities to comply as early as possible, but no later than July 1, 2019.
Existing law requires those state entities, during the regular process of reporting demographic data to the Legislature, to also report data collected with respect to sexual orientation and gender discrimination and the method used to collect that data, except for confidential personal identifying information. Existing law authorizes those state entities to collect demographic information from other entities, under specified circumstances.
This bill would instead make these separate reporting requirements. The bill would also authorize those state entities to collect aggregated data provided to a state department by a 3rd-party entity, including, but not limited to, a private employer.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law relating to elementary and secondary education instruction prohibits the administration, as specified, of a test, questionnaire, survey, or examination that contains any questions about a pupils personal beliefs or practices in sex, family life, morality, and religion, or any questions about the pupils parents or guardians beliefs and practices in those areas unless the pupils parent or guardian gives written permission. Existing law authorizes local educational agencies granted specific funding to submit pupil data to an operator of an after school program or summer program regarding the results of the California Healthy Kids Survey certain survey information in aggregate form.
This bill would prohibit a local educational agency that chooses to administer the California Healthy Kids Survey to middle or high school students from removing a particular question addressing the sexual orientation of the pupil. a voluntary survey already including questions pertaining to sexual orientation and gender identity from removing those questions.
(2)The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act requires specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. Existing law prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. Existing law requires these state departments to comply with these provisions as early as possible, but no later than July 1, 2018.
This bill would expand the list of state entities that must comply with these reporting requirements, and would require those entities to comply as early as possible, but no later than July 1, 2019.
Existing law requires those state entities, during the regular process of reporting demographic data to the Legislature, to also report data collected with respect to sexual orientation and gender discrimination and the method used to collect that data, except for confidential personal identifying information. Existing law authorizes those state entities to collect demographic information from other entities, under specified circumstances.
This bill would instead make these separate reporting requirements. The bill would also authorize those state entities to collect aggregated data provided to a state department by a 3rd-party entity, including, but not limited to, a private employer.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law relating to elementary and secondary education instruction prohibits the administration, as specified, of a test, questionnaire, survey, or examination that contains any questions about a pupils personal beliefs or practices in sex, family life, morality, and religion, or any questions about the pupils parents or guardians beliefs and practices in those areas unless the pupils parent or guardian gives written permission. Existing law authorizes local educational agencies granted specific funding to submit pupil data to an operator of an after school program or summer program regarding the results of the California Healthy Kids Survey in aggregate form.
This bill would prohibit a local educational agency that chooses to administer the California Healthy Kids Survey to middle or high school students from removing a particular question addressing the sexual orientation of the pupil.
(2)The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act requires specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. Existing law prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. Existing law requires these state departments to comply with these provisions as early as possible, but no later than July 1, 2018.
This bill would expand the list of state entities that must comply with these reporting requirements, and would require those entities to comply as early as possible, but no later than July 1, 2019.
Existing law requires those state entities, during the regular process of reporting demographic data to the Legislature, to also report data collected with respect to sexual orientation and gender discrimination and the method used to collect that data, except for confidential personal identifying information. Existing law authorizes those state entities to collect demographic information from other entities, under specified circumstances.
This bill would instead make these separate reporting requirements. The bill would also authorize those state entities to collect aggregated data provided to a state department by a 3rd-party entity, including, but not limited to, a private employer.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law relating to elementary and secondary education instruction prohibits the administration, as specified, of a test, questionnaire, survey, or examination that contains any questions about a pupils personal beliefs or practices in sex, family life, morality, and religion, or any questions about the pupils parents or guardians beliefs and practices in those areas unless the pupils parent or guardian gives written permission. Existing law authorizes local educational agencies granted specific funding to submit pupil data to an operator of an after school program or summer program regarding the results of the California Healthy Kids Survey in aggregate form.
This bill would prohibit a local educational agency that chooses to administer the California Healthy Kids Survey to middle or high school students from removing a particular question addressing the sexual orientation of the pupil.
The(2)The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act requires specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. Existing law prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. Existing law requires these state departments to comply with these provisions as early as possible, but no later than July 1, 2018.
This bill would expand the list of state entities that must comply with these reporting requirements, and would require those entities to comply as early as possible, but no later than July 1, 2019.
Existing law requires those state entities, during the regular process of reporting demographic data to the Legislature, to also report data collected with respect to sexual orientation and gender discrimination and the method used to collect that data, except for confidential personal identifying information.
This bill would instead make these separate reporting requirements.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act requires specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. That law requires these state departments, during the regular process of reporting of demographic data to the Legislature, to report the collected data and method used to collect the data and make the data available to the public in accordance with state and federal law, except for personal identifying information, which is confidential and prohibited from disclosure. Existing law prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. Existing law requires these state departments to comply with these provisions as early as possible, but no later than July 1, 2018.
This bill would expand the list of state entities that must comply with these reporting requirements, and would require those entities to comply as early as possible, but no later than July 1, 2019.
Existing law requires those state entities, during the regular process of reporting demographic data to the Legislature, to also report data collected with respect to sexual orientation and gender discrimination and the method used to collect that data, except for confidential personal identifying information.
This bill would instead make these separate reporting requirements.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act requires specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. That law requires these state departments, during the regular process of reporting of demographic data to the Legislature, to report the collected data and method used to collect the data and make the data available to the public in accordance with state and federal law, except for personal identifying information, which is confidential and prohibited from disclosure. Existing law prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. Existing law requires these state departments to comply with these provisions as early as possible, but no later than July 1, 2018.
This bill would expand the list of state entities that must comply with these reporting requirements, and would require those entities to comply as early as possible, but no later than July 1, 2019.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act requires specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. That law requires these state departments, during the regular process of reporting of demographic data to the Legislature, to report the collected data and method used to collect the data and make the data available to the public in accordance with state and federal law, except for personal identifying information, which is confidential and prohibited from disclosure. Existing law prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. Existing law requires these state departments to comply with these provisions as early as possible, but no later than July 1, 2018.
This bill would expand the list of state entities that must comply with these reporting requirements, and would require those entities to comply as early as possible, but no later than July 1, 2019.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The Legislature finds and declares all of the following:
(a)It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services.
(b)There are ongoing efforts to collect demographic data related to sexual orientation or gender identity at the state and county levels, focusing on addressing health disparities.
(c)Until these efforts yield data, there will still be limited data available for the lesbian, gay, bisexual, and transgender (LGBT) communities, including all of the following:
(1)According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) lives in poverty compared to 14 percent of children being raised by different-sex couples.
(2)Current data from the Williams Institute on patterns of poverty in LGBT communities in California shows that 13 percent of LGBT people are unemployed, compared with 10 percent of Californians overall. Twenty percent of LGBT Californians have annual incomes under twenty-four thousand dollars ($24,000), while 26 percent of Californians overall have annual incomes below twenty-four thousand dollars ($24,000).
(3)According to the Gay Lesbian & Straight Education Networks (GLSEN) 2015 National School Climate Survey, the majority of LGBT students in California regularly heard anti-LGBT remarks, and most LGBT students in California had been victimized at school. Sixty-two percent of students victimized never reported the incident to school staff. Only 39 percent of those students who did report incidents said it resulted in effective staff intervention.
(d)Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence. These problems are more prevalent for youth and seniors, communities of color, and bisexual, transgender, and undocumented communities.
(e)It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs.
(f)It is the intent of the Legislature that the state entities specified in Section 8310.8 of the Government Code utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state entities specified in subdivision (a) of Section 8310.8 of the Government Code that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances in which an entity not covered by this act does not already collect this information.
SEC. 2.Section 51514 is added to the Education Code, to read:51514.If a local educational agency administers a voluntary survey that already includes questions pertaining to sexual orientation and gender identity, the local educational agency shall not remove those questions.
SEC. 3.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state entities:
(A)The State Department of Health Care Services.
(B)The State Department of Public Health.
(C)The State Department of Social Services.
(D)The California Department of Aging.
(E)The State Department of Education and the Superintendent of Public Instruction, except this section shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).
(F)The Commission on Teacher Credentialing.
(G)The Department of Fair Employment and Housing.
(H)The Labor and Workforce Development Agency.
(I)The Department of Industrial Relations.
(J)The Employment Training Panel.
(K)The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department.
(2)This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity.
(2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:
(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(B)Demographic data is collected by other entities including:
(i)State offices, departments, and agencies not included in subdivision (a).
(ii)Surveys administered by third-party entities and the state department is not the sole funder.
(iii)Third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department.
(c)(1)The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(3)The state entities identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section.
(d)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018.
(e)The state entities identified in subparagraphs (E) to (K), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.
SEC. 4.The Legislature finds and declares that Section 3 of this act, which amends Section 8310.8 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.
The Legislature finds and declares all of the following:
(a)It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services.
(b)There are ongoing efforts to collect demographic data related to sexual orientation or gender identity at the state and county levels, focusing on addressing health disparities.
(c)Until these efforts yield data, there will still be limited data available for the lesbian, gay, bisexual, and transgender (LGBT) communities, including all of the following:
(1)According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) lives in poverty compared to 14 percent of children being raised by different-sex couples.
(2)Current data from the Williams Institute on patterns of poverty in LGBT communities in California shows that 13 percent of LGBT people are unemployed, compared with 10 percent of Californians overall. Twenty percent of LGBT Californians have annual incomes under twenty-four thousand dollars ($24,000), while 26 percent of Californians overall have annual incomes below twenty-four thousand dollars ($24,000).
(3)According to the Gay Lesbian & Straight Education Networks (GLSEN) 2015 National School Climate Survey, the majority of LGBT students in California regularly heard anti-LGBT remarks, and most LGBT students in California had been victimized at school. Sixty-two percent of students victimized never reported the incident to school staff. Only 39 percent of those students who did report incidents said it resulted in effective staff intervention.
(d)Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence. These problems are more prevalent for youth and seniors, communities of color, and bisexual, transgender, and undocumented communities.
(e)It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs.
(f)It is the intent of the Legislature that the state entities specified in Section 8310.8 of the Government Code utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state entities specified in subdivision (a) of Section 8310.8 of the Government Code that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances in which an entity not covered by this act does not already collect this information.
SEC. 2.Section 51514 is added to the Education Code, to read:51514.If a local educational agency administers a voluntary survey that already includes questions pertaining to sexual orientation and gender identity, the local educational agency shall not remove those questions.
SEC. 3.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state entities:
(A)The State Department of Health Care Services.
(B)The State Department of Public Health.
(C)The State Department of Social Services.
(D)The California Department of Aging.
(E)The State Department of Education and the Superintendent of Public Instruction, except this section shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).
(F)The Commission on Teacher Credentialing.
(G)The Department of Fair Employment and Housing.
(H)The Labor and Workforce Development Agency.
(I)The Department of Industrial Relations.
(J)The Employment Training Panel.
(K)The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department.
(2)This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity.
(2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:
(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(B)Demographic data is collected by other entities including:
(i)State offices, departments, and agencies not included in subdivision (a).
(ii)Surveys administered by third-party entities and the state department is not the sole funder.
(iii)Third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department.
(c)(1)The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(3)The state entities identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section.
(d)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018.
(e)The state entities identified in subparagraphs (E) to (K), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.
SEC. 4.The Legislature finds and declares that Section 3 of this act, which amends Section 8310.8 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.
The Legislature finds and declares all of the following:
(a)It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services.
(b)There are ongoing efforts to collect demographic data related to sexual orientation or gender identity at the state and county levels, focusing on addressing health disparities.
(c)Until these efforts yield data, there will still be limited data available for the lesbian, gay, bisexual, and transgender (LGBT) communities, including all of the following:
(1)According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) lives in poverty compared to 14 percent of children being raised by different-sex couples.
(2)Current data from the Williams Institute on patterns of poverty in LGBT communities in California shows that 13 percent of LGBT people are unemployed, compared with 10 percent of Californians overall. Twenty percent of LGBT Californians have annual incomes under twenty-four thousand dollars ($24,000), while 26 percent of Californians overall have annual incomes below twenty-four thousand dollars ($24,000).
(3)According to the Gay Lesbian & Straight Education Networks (GLSEN) 2015 National School Climate Survey, the majority of LGBT students in California regularly heard anti-LGBT remarks, and most LGBT students in California had been victimized at school. Sixty-two percent of students victimized never reported the incident to school staff. Only 39 percent of those students who did report incidents said it resulted in effective staff intervention.
(d)Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence. These problems are more prevalent for youth and seniors, communities of color, and bisexual and transgender bisexual, transgender, and undocumented communities.
(e)It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs.
(f)It is the intent of the Legislature that the state entities specified in Section 8310.8 of the Government Code utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state entities specified in subdivision (a) of Section 8310.8 of the Government Code that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances in which an entity not covered by this act does not already collect this information.
SEC. 2.Section 51514 is added to the Education Code, to read:51514.If a local educational agency administers a voluntary survey that already includes questions pertaining to sexual orientation and gender identity, the local educational agency shall not remove those questions.
SEC. 3.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state entities:
(A)The State Department of Health Care Services.
(B)The State Department of Public Health.
(C)The State Department of Social Services.
(D)The California Department of Aging.
(E)The State Department of Education and the Superintendent of Public Instruction, except this section shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).
(F)The Commission on Teacher Credentialing.
(G)The Department of Fair Employment and Housing.
(H)The Labor and Workforce Development Agency.
(I)The Department of Industrial Relations.
(J)The Employment Training Panel.
(K)The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department.
(2)This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity.
(2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:
(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(B)Demographic data is collected by other entities including:
(i)State offices, departments, and agencies not included in subdivision (a).
(ii)Surveys administered by third-party entities and the state department is not the sole funder.
(iii)Third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department.
(c)(1)The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(3)The state entities identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section.
(d)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018.
(e)The state entities identified in subparagraphs (E) to (K), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.
SEC. 4.The Legislature finds and declares that Section 3 of this act, which amends Section 8310.8 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.
The Legislature finds and declares all of the following:
(a)It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services.
(b)There are ongoing efforts to collect demographic data related to sexual orientation or gender identity at the state and county levels, focusing on addressing health disparities.
(c)Until these efforts yield data, there will still be limited data available for the lesbian, gay, bisexual, and transgender (LGBT) communities, including all of the following:
(1)According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) lives in poverty compared to 14 percent of children being raised by different-sex couples.
(2)Current data from the Williams Institute on patterns of poverty in LGBT communities in California shows that 13 percent of LGBT people are unemployed, compared with 10 percent of Californians overall. Twenty percent of LGBT Californians have annual incomes under twenty-four thousand dollars ($24,000), while 26 percent of Californians overall have annual incomes below twenty-four thousand dollars ($24,000).
(3)According to the Gay Lesbian & Straight Education Networks (GLSEN) 2015 National School Climate Survey, the majority of LGBT students in California regularly heard anti-LGBT remarks, and most LGBT students in California had been victimized at school. Sixty-two percent of students victimized never reported the incident to school staff. Only 39 percent of those students who did report incidents said it resulted in effective staff intervention.
(d)Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence. These problems are more prevalent for youth and seniors, communities of color, and bisexual and transgender and undocumented communities.
(e)It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs.
(f)It is the intent of the Legislature that the state entities specified in Section 8310.8 of the Government Code utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state entities specified in subdivision (a) of Section 8310.8 of the Government Code that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances in which an entity not covered by this act does not already collect this information.
SEC. 2.Section 51514 is added to the Education Code, to read:51514.If a local educational agency chooses to administer the California Healthy Kids Survey to middle or high school pupils, the agency shall not remove the following question from the survey:Which of the following best describes you? (Mark All That Apply.)(A)Heterosexual (straight).(B)Gay or Lesbian.(C)Transgender.(D)Not sure.(E)Decline to respond.51514.If a local educational agency administers a voluntary survey that already includes questions pertaining to sexual orientation and gender identity, the local educational agency shall not remove those questions.
SEC. 3.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state entities:
(A)The State Department of Health Care Services.
(B)The State Department of Public Health.
(C)The State Department of Social Services.
(D)The California Department of Aging.
(E)The State Department of Education and the Superintendent of Public Instruction, except this section shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).
(F)The Commission on Teacher Credentialing.
(G)The Department of Fair Employment and Housing.
(H)The Labor and Workforce Development Agency.
(I)The Department of Industrial Relations.
(J)The Employment Training Panel.
(K)The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department.
(2)This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity.
(2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:
(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(B)Demographic data is collected by other entities including:
(i)State offices, departments, and agencies not included in subdivision (a).
(ii)Surveys administered by third-party entities and the state department is not the sole funder.
(iii)Third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department.
(c)(1)The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(3)The state entities identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section.
(d)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018.
(e)The state entities identified in subparagraphs (E) to (K), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.
SEC. 4.The Legislature finds and declares that Section 3 of this act, which amends Section 8310.8 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.
The Legislature finds and declares all of the following:
(a)It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services.
(b)There are ongoing efforts to collect demographic data related to sexual orientation or gender identity at the state and county levels, focusing on addressing health disparities.
(c)Until these efforts yield data, there will still be limited data available for the lesbian, gay, bisexual, and transgender (LGBT) communities, including all of the following:
(1)According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) lives in poverty compared to 14 percent of children being raised by different-sex couples.
(2)Current data from the Williams Institute on patterns of poverty in LGBT communities in California shows that 13 percent of LGBT people are unemployed, compared with 10 percent of Californians overall. Twenty percent of LGBT Californians have annual incomes under twenty-four thousand dollars ($24,000), while 26 percent of Californians overall have annual incomes below twenty-four thousand dollars ($24,000).
(3)According to the Gay Lesbian & Straight Education Networks (GLSEN) 2015 National School Climate Survey, the majority of LGBT students in California regularly heard anti-LGBT remarks, and most LGBT students in California had been victimized at school. Sixty-two percent of students victimized never reported the incident to school staff. Only 39 percent of those students who did report incidents said it resulted in effective staff intervention.
(d)Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence. These problems are more prevalent for youth and seniors, communities of color, and bisexual and transgender and undocumented communities.
(e)It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs.
(f)It is the intent of the Legislature that the state entities specified in Section 8310.8 of the Government Code utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state entities specified in subdivision (a) of Section 8310.8 of the Government Code that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances in which an entity not covered by this act does not already collect this information.
SEC. 2.Section 51514 is added to the Education Code, to read:51514.If a local educational agency chooses to administer the California Healthy Kids Survey to middle or high school pupils, the agency shall not remove the following question from the survey:
Which of the following best describes you? (Mark All That Apply.)
(A)Heterosexual (straight).
(B)Gay or Lesbian.
(C)Transgender.
(D)Not sure.
(E)Decline to respond.
SEC. 3.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state entities:
(A)The State Department of Health Care Services.
(B)The State Department of Public Health.
(C)The State Department of Social Services.
(D)The California Department of Aging.
(E)The State Department of Education and the Superintendent of Public Instruction, except this section shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).
(F)The Commission on Teacher Credentialing.
(G)The Department of Fair Employment and Housing.
(H)The Labor and Workforce Development Agency.
(I)The Department of Industrial Relations.
(J)The Employment Training Panel.
(K)The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department.
(2)This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity.
(2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:
(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(B)Demographic data is collected by other entities including:
(i)State offices, departments, and agencies not included in subdivision (a).
(ii)Surveys administered by third-party entities and where the state department is not the sole funder.
(iii)Third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department.
(c)(1)The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(3)The state entities identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section.
(d)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018.
(e)The state entities identified in subparagraphs (E) to (K), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.
SEC. 4.The Legislature finds and declares that Section 3 of this act, which amends Section 8310.8 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.
The Legislature finds and declares all of the following:
(a)It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services.
(b)There are ongoing efforts to collect demographic data related to sexual orientation or gender identity at the state and county level, levels, focusing on addressing health disparities.
(c)Until these efforts yield data, there will still be limited data available for the lesbian, gay, bisexual, and transgender (LGBT) communities, including all of the following:
(1)According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) live lives in poverty compared to 14 percent of children being raised by different-sex couples.
(2)Current data from the Williams Institute on patterns of poverty in LGBT communities in California shows that 13 percent of LGBT people are unemployed unemployed, compared with 10 percent of Californians overall. Twenty percent of LGBT Californians have annual incomes under twenty-four thousand dollars ($24,000), while only 26 percent of Californians overall have annual incomes below twenty-four thousand dollars ($24,000).
(3)According to the Gay Lesbian & Straight Education Networks (GLSEN) 2015 National School Climate Survey, the majority of LGBT students in California regularly heard anti-LGBT remarks, and most LGBT students in California had been victimized at school. Sixty-two percent of students victimized never reported the incident to school staff. Only 39 percent of those students who did report incidents said it resulted in effective staff intervention.
(d)Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence. These problems are more prevalent for youth and seniors, communities of color, and bisexual and transgender and undocumented communities.
(e)It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs.
(f)It is the intent of the Legislature that the state entities specified in Section 8310.8 of the Government Code utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state entities specified in subdivision (a) of Section 8310.8 of the Government Code that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances in which an entity not covered by this act does not already collect this information.
SEC. 2.Section 51514 is added to the Education Code, to read:51514.If a local educational agency chooses to administer the California Healthy Kids Survey to middle or high school pupils, the agency shall not remove the following question from the survey:
Which of the following best describes you? (Mark All That Apply.)
(A)Heterosexual (straight).
(B)Gay or Lesbian.
(C)Transgender.
(D)Not sure.
(E)Decline to respond.
SEC. 2.SEC. 3.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state entities:
(A)The State Department of Health Care Services.
(B)The State Department of Public Health.
(C)The State Department of Social Services.
(D)The California Department of Aging.
(E)The State Department of Education and the Superintendent of Public Instruction. Instruction, except this section shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).
(F)The Commission on Teacher Credentialing.
(G)The Department of Fair Employment and Housing.
(H)The Labor and Workforce Development Agency.
(I)The Department of Industrial Relations.
(J)The Employment Training Panel.
(K)The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department.
(2)This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity.
(2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:
(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(B)Demographic data is collected by other entities including:
(i)State offices, departments, and agencies not included in subdivision (a).
(ii)Surveys administered by third-party entities and where the state department is not the sole funder.
(c)(1)The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(3)The state entities identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section.
(d)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018.
(e)The state entities identified in subparagraphs (E) to (K), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.
SEC. 3.SEC. 4.The Legislature finds and declares that Section 2 3 of this act, which amends Section 8310.8 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.
The Legislature finds and declares all of the following:
(a)It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services.
(b)There are ongoing efforts to collect demographic data related to sexual orientation or gender identity at the state and county level, focusing on addressing health disparities.
(c)Until these efforts yield data, there will still be limited data available for the lesbian, gay, bisexual, and transgender (LGBT) communities, including all of the following:
(1)According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) live in poverty compared to 14 percent of children being raised by different-sex couples.
(2)Current data from the Williams Institute on patterns of poverty in LGBT communities in California shows that 13 percent of LGBT people are unemployed compared with 10 percent of Californians overall. Twenty percent of LGBT Californians have annual incomes under twenty-four thousand dollars ($24,000), while only 26 percent of Californians overall have annual incomes below twenty-four thousand dollars ($24,000).
(3)According to the Gay Lesbian & Straight Education Networks (GLSEN) 2015 National School Climate Survey, the majority of LGBT students in California regularly heard anti-LGBT remarks, and most LGBT students in California had been victimized at school. Sixty-two percent of students victimized never reported the incident to school staff. Only 39 percent of those students who did report incidents said it resulted in effective staff intervention.
(d)Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence. These problems are more prevalent for youth and seniors, communities of color, and bisexual and transgender and undocumented communities.
(e)It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs.
(f)It is the intent of the Legislature that the state entities specified in Section 8310.8 of the Government Code utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state entities specified in subdivision (a) of Section 8310.8 of the Government Code that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances in which an entity not covered by this act does not already collect this information.
SEC. 2.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state entities:
(A)The State Department of Health Care Services.
(B)The State Department of Public Health.
(C)The State Department of Social Services.
(D)The California Department of Aging.
(E)The State Department of Education and the Superintendent of Public Instruction.
(F)The State Board of Education.(G)(F)The Commission on Teacher Credentialing.
(H)(G)The Department of Fair Employment and Housing.
(I)(H)The Labor and Workforce Development Agency.
(J)(I)The Department of Industrial Relations.
(K)The California Workforce Development Board.(L)(J)The Employment Training Panel.
(M)(K)The Employment Development Department. Department, except this section shall not apply to the unemployment insurance program within the department.
(2)This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity.
(2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:
(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(B)Demographic data is collected by other entities including:
(i)State offices, departments, and agencies not included in subdivision (a).
(ii)Surveys administered by third-party entities and where the state department is not the sole funder.
(c)(1)During the regular process of reporting of demographic data to the Legislature, the The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(3)The state entities identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section.
(d)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph 1 (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018.
(e)The state entities identified in subparagraphs (E) to (M), (K), inclusive, of paragraph 1 (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.
SEC. 3.The Legislature finds and declares that Section 2 of this act, which amends Section 8310.8 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.
The Legislature finds and declares all of the following:
(a)It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services.
(b)There are ongoing efforts to collect demographic data related to sexual orientation or gender identity at the state and county level, focusing on addressing health disparities.
(c)Until these efforts yield data, there will still be limited data available for the Lesbian, Gay, Bisexual, and Transgender lesbian, gay, bisexual, and transgender (LGBT) communities, including all of the following:
(1)According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) live in poverty compared to 14 percent of children being raised by different-sex couples.
(2)Current data from the Williams Institute on patterns of poverty in LGBT communities in California shows that 13 percent of LGBT people are unemployed compared with 10 percent of Californians overall. 20 Twenty percent of LGBT Californians have annual incomes under twenty-four thousand dollars ($24,000), while only 26 percent of Californians overall have annual incomes below twenty-four thousand dollars ($24,000).
(3)According to the Gay Lesbian & Straight Education Networks (GLSEN) 2015 National School Climate Survey, the majority of LGBT students in California regularly heard anti-LGBT remarks, and most LGBTQ LGBT students in California had been victimized at school. Sixty-two percent of students victimized never reported the incident to school staff. Only 39 percent of those students who did report incidents said it resulted in effective staff intervention.
(d)Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence. These problems are more prevalent for youth and seniors, communities of color, and bisexual and transgender and undocumented communities.
(e)It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs.
(f)It is the intent of the Legislature that the state entities specified in Section 8310.8 of the Government Code utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state entities specified in subdivision (a) of Section 8310.8 of the Government Code that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances in which an entity not covered by this act does not already collect this information.
SEC. 2.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state entities:
(A)The State Department of Health Care Services.
(B)The State Department of Public Health.
(C)The State Department of Social Services.
(D)The California Department of Aging.
(E)The California State Department of Education and the Superintendent of Public Instruction.
(F)The State Board of Education.
(G)The Commission on Teacher Credentialing.
(H)The Department of Fair Employment and Housing.
(I)The California Labor and Workforce Development Agency.
(J)The State Department of Industrial Relations.
(K)The State Workforce Investment California Workforce Development Board.
(L)The State Employment Training Panel.
(M)The State Employment Development department. Department.
(N)The State Department of General Services.(2)This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity.
(2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:
(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(B)Demographic data is collected by other entities including:
(i)State offices, departments, and agencies not included in subdivision (a).
(ii)Surveys administered by third-party entities and where the state department is not the sole funder.
(c)(1)During the regular process of reporting of demographic data to the Legislature, the state entities identified in subdivision (a) shall report the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or zip code ZIP Code level to facilitate comparisons and identify disparities.
(3)The state entities identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section.
(d)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph 1 of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018.
(e)The state entities identified in subparagraphs (E) to (N), (M), inclusive, of paragraph 1 of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.
SEC. 3.The Legislature finds and declares that Section 2 of this act, which amends Section 8310.8 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.
The Legislature finds and declares all of the following:
(a)It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services.
(b)There are ongoing efforts to collect demographic data related to sexual orientation or gender identity at the state and county level, focusing on addressing health disparities.
(c)Until these efforts yield data, there will still be limited data available for the Lesbian, Gay, Bisexual, and Transgender (LGBT) communities, including all of the following:
(1)According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) live in poverty compared to 14 percent of children being raised by different-sex couples.
(2)Current data from the Williams Institute on patterns of poverty in LGBT communities in California shows that 13 percent of LGBT people are unemployed compared with 10 percent of Californians overall. 20 percent of LGBT Californians have annual incomes under twenty-four thousand dollars ($24,000), while only 26 percent of Californians overall have annual incomes below twenty-four thousand dollars ($24,000).
(3)According to the Gay Lesbian & Straight Education Networks (GLSEN) 2015 National School Climate Survey, the majority of LGBT students in California regularly heard anti-LGBT remarks, and most LGBTQ students in California had been victimized at school. Sixty-two percent of students victimized never reported the incident to school staff. Only 39 percent of those students who did report incidents said it resulted in effective staff intervention.
(d)Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence. These problems are more prevalent for youth and seniors, communities of color, and bisexual and transgender and undocumented communities.
(e)It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs.
(f)It is the intent of the Legislature that the state entities specified in Section 8310.8 of the Government Code utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state entities specified in subdivision (a) of Section 8310.8 of the Government Code that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances in which an entity not covered by this act does not already collect this information.
SEC. 2.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state departments entities:
(A)The State Department of Health Care Services.
(B)The State Department of Public Health.
(C)The State Department of Social Services.
(D)The California Department of Aging.
(E)The California Department of Education and the Superintendent of Public Instruction.
(F)The State Board of Education.
(G)The Commission on Teacher Credentialing.
(H)The Department of Fair Employment and Housing.
(I)The California Labor and Workforce Development Agency.
(J)The State Department of Industrial Relations.
(K)The State Workforce Investment Board.
(L)The State Employment Training Panel.
(M)The State Employment Development department.
(N)The State Department of General Services.
(2)This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state departments entities identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity.
(2)The departments state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:
(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(B)Demographic data is collected by other entities including:
(i)State offices, departments, and agencies not included in subdivision (a).
(ii)Surveys administered by third-party entities and where the state department is not the sole funder.
(c)(1)During the regular process of reporting of demographic data to the Legislature, the state departments entities identified in subdivision (a) shall report the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
(2)The state departments entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or zip code level to facilitate comparisons and identify disparities.
(3)The state departments entities identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section.
(d)The state departments entities identified in subparagraphs (A) to (D), inclusive, of subdivision (a) shall come into compliance comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018.
(e)The state entities identified in subparagraphs (E) to (N), inclusive, of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.
SEC. 3.The Legislature finds and declares that Section 2 of this act, which amends Section 8310.8 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.
|
Date
|
Status
|
|---|---|
| Oct 13, 2017 | Chaptered by Secretary of State - Chapter 744, Statutes of 2017. |
| Oct 13, 2017 | Approved by the Governor. |
| Sep 19, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 11, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 7, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77. |
| Sep 7, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Sep 5, 2017 | Read second time. Ordered to third reading. |
| Sep 1, 2017 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1). |
| Aug 21, 2017 | In committee: Referred to APPR. suspense file. |
| Jul 19, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 18, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 13). |
| Jul 13, 2017 | Joint Rule 62(a) suspended. (Ayes 37. Noes 1. Page 2013.) |
| Jul 11, 2017 | From committee: Do pass and re-refer to Com. on RLS. (Ayes 10. Noes 2.) (July 11). Re-referred to Com. on RLS. |
| Jul 5, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O. |
| Jun 29, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O. |
| Jun 14, 2017 | Referred to Com. on G.O. |
| Jun 1, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 10. Page 1972.) |
| May 30, 2017 | Read second time and amended. Ordered returned to second reading. |
| May 26, 2017 | From committee: Amend, and do pass as amended. (Ayes 13. Noes 4.) (May 26). |
| Apr 5, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 30, 2017 | Re-referred to Com. on APPR. |
| Mar 29, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| Mar 22, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 22). Re-referred to Com. on APPR. |
| Mar 2, 2017 | Referred to Com. on A. & A.R. |
| Feb 16, 2017 | From printer. May be heard in committee March 18. |
| Feb 15, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2017 | AB 677 CHIU Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 7, 2017 | Assembly 3rd Reading AB677 Chiu et al. By Wiener | Senate Floor |
Passed |
|
| Sep 1, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 21, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 13, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| Jul 11, 2017 | Do pass, but first be re-referred to the Committee on [Rules] | Senate Standing Committee on Governmental Organization |
Passed |
|
| May 31, 2017 | AB 677 CHIU Assembly Third Reading | Assembly Floor |
Passed |
|
| May 26, 2017 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 22, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Accountability and Administrative Review |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| ACLU of California | ** Support | Sep 5, 2017 |
| APLA Health | ** Support | Sep 5, 2017 |
| CA LGBT Health and Human Services Network | * Support | Mar 22, 2017 |
| California Latinas for Reproductive Justice | ** Support | Sep 5, 2017 |
| California Pan-Ethnic Health Network | ** Support | Sep 5, 2017 |
| California Rural Legal Assistance | * Support | Mar 22, 2017 |
| California School Boards Association | * Neutral | Jul 13, 2017 |
| California Teachers Association | ** Support | Sep 5, 2017 |
| Department Of Finance | ** Against | Sep 5, 2017 |
| Equality California | ** Support | Sep 5, 2017 |
| equality of california | ** Support | Jul 7, 2017 |
| National Association Of Social Workers, California Chapter | ** Support | Sep 5, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 677
Author:(Chiu)
As Amended Ver:September 1, 2017
Majority vote
ASSEMBLY: | 63-10 | (May 31, 2017) | SENATE: | 29-11 | (September 7, 2017) |
Original Committee Reference: A. & A.R.
SUMMARY: Expands the list of state entities currently required to collect voluntary self-identification information on sexual orientation and gender identity to include various education and employment-related state agencies.
The Senate amendments:
- Prohibit local educational agencies (LEAs) from deleting questions relating to sexual orientation and gender identity when administering specified voluntary surveys.
- Add co-authors and make other technical, non-substantive changes.
EXISTING LAW directs various state health and social services entities to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018.
FISCAL EFFECT: According to the Senate Appropriations Committee:
- Employment Development Department (EDD): the EDD estimates one-time General Fund costs of approximately $270,000 which includes about $15,000 to implement changes to the CalJOBS system to collect and report sexual orientation and gender identity data. This estimate also includes $255,000 in staffing costs for two full-time positions to revise policies and procedures, update forms, and conduct Equal Employment Opportunity training on data collection activities.
- California Department of Education (CDE): the CDE estimates General Fund costs of approximately $180,000 for various system updates. Specifically, the CDE indicates a cost of $75,000 to update the California Basic Educational Data System (CBEDS) to collect the required data; $45,000 to collect ethnicity data via the 801a process using the CD-9600 Application for services, which includes the updating of the Child Development Management Information System (CDMIS) and documenting and providing technical assistance; and $60,000 to update the Child Nutrition Information and Payment System (CNIPS), provide technical assistance to local educational agencies (LEAs), and child care and summer food agencies, and writing, posting, and disseminating guidance to LEAs.
- Commission on Teacher Credentialing (CTC): the CTC indicates minor and absorbable costs to implement the bill, as the information could be included in its annual teacher supply report.
- Department of Industrial Relations (DIR): the DIR indicates minor and absorbable costs.
- The bill's provision that prohibits LEAs from deleting questions relating to sexual orientation and gender identity from student surveys is not expected to increase state costs because those surveys are discretionary at the local level.
Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600 FN: 0001814
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 677
:
SENATE GOVERNMENTAL ORG. COMMITTEE: 10-2, 7/11/17
AYES: Dodd, Bradford, Cannella, Galgiani, Glazer, Hill, Hueso, Lara, Mendoza, Portantino
NOES: Gaines, Vidak
NO VOTE RECORDED: Berryhill
SENATE EDUCATION COMMITTEE: 5-0, 7/13/17
AYES: Allen, Galgiani, Leyva, Mendoza, Pan
NO VOTE RECORDED: Wilk, Vidak
SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/17
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 63-10, 5/31/17 - See last page for vote
DIGEST: This bill expands the list of state entities currently required to collect voluntary self-identification information on sexual orientation and gender identity to include various education and employment-related state agencies. Furthermore, this bill prohibits a local educational agency that chooses to administer a voluntary survey already including questions pertaining to sexual orientation and gender identity from removing those questions.
ANALYSIS:
Existing law:
- Requires the Department of Health Care Services, the Department of Public Health, the Department of Social Services, and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018.
- Prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified.
- Makes legislative findings pertaining to the importance of collecting such data.
- Authorizes state entities to collect demographic information from other entities, under specified circumstances.
This bill:
- Adds the following state entities to the list of departments required to collect voluntary self-identification information on sexual orientation and gender identity:
- The State Department of Education and the Superintendent of Public Instruction, except this section, shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).
- The Commission of Teacher Credentialing.
- The Department of Fair Employment and Housing.
- The Labor and Workforce Development Agency.
- The Department of Industrial Relations.
- The Employment Training Panel.
- The Employment Development Department, except the provisions of this bill, shall not apply to the unemployment insurance program within the department.
- Requires these entities to comply with the requirements of this bill as early as possible, but no later than July 1, 2019.
- Prohibits a local educational agency that chooses to administer a voluntary survey already including questions.
- Authorizes state entities to collect aggregated data provided to a state department by a third-party entity, including, but not limited to, a private employer.
Background
Purpose of the bill. According to the author’s office, “the lack of comprehensive evidence on the well-being outcomes of LGBT communities essentially keeps LGBT disparities invisible to the state. AB 677 builds on good data collection practices by requiring education and employment related government agencies to collect voluntarily provided data on sexual orientation and gender identity when collecting other demographic data. A comprehensive landscape of data incorporating the needs and trends of every community is imperative to reducing inequalities and ensuring that all Californians receive the care and services they need.”
Collection of data. State government agencies routinely collect demographic data on race, ethnicity, gender, and disability on a wide variety of state forms and surveys. The purpose of this data is to help better understand disparities in underserved communities and better tailor government services to fit the needs of those communities.
Prior to the passage of AB 959 (Chiu, Chapter 565, Statutes of 2015), California law was silent on demographic data collection based on sexual orientation or gender identity. This changed with the enactment of AB 959, which required the Department of Health Care Services, the Department of Public Health, the Department of Social Services and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity.
This bill expands on that data collection by adding specified education and employment related government agencies to the list of agencies required to collect voluntary data on sexual orientation and gender identity. Supporters argue that “collecting this data helps reduce disparities, ensure that educational programs are responsive to the needs of LGBT youth, and improve access to employment for LGBT workers.”
CALPADS. CALPADS is administered by the Department of Education and is a longitudinal data system used to maintain individual-level data including student demographics, course data, discipline, assessments, staff assignments, and other data for state and federal reporting. CALPADS is used by local educational agencies, such as school districts, county offices of education, and independently-reporting charters.
This data can be used to better target resources, assistance, and interventions to keep students in schools and on track to graduate. This bill exempts CALPADS from its provisions.
Related/Prior Legislation
AB 959 (Chiu, Chapter 565, Statutes of 2015) required the Department of Health Care Services, the Department of Public Health, the Department of Social Services and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018, when collecting demographic data.
AB 532 (McCarty, Chapter 433, Statutes of 2015) required any state agency, board, or commission that collects demographic data to provide forms that offer respondents the option of identifying as “multiracial” and selecting one or more ethnic or racial designations.
AB 176 (Bonta, 2015) would have placed certain requirements regarding the collection of demographic data, by the state's public segments of postsecondary education and by state health-related departments, pertaining to tabulation categories of Native Hawaiian, Asian, and Pacific Islander groups. (Vetoed by Governor Brown)
SB 280 (Lieu, 2014) would have authorized, until January 1, 2015, the application form for insurance affordability program coverage to include additional voluntary questions on sexual orientation and gender identity or expression. Also, would have required, effective January 1, 2016, the application form to include voluntary questions regarding demographic data categories, including race, ethnicity, primary language, disability status, sexual orientation, gender identity or expression and other categories recognized by the federal Secretary of the Department of Health and Human Services. (Held on Senate Appropriations Suspense File)
SB 416 (Kehoe, 2011) would have required the statewide Health Interview Survey and the Behavioral Risk Factor Surveillance System to include specified information related to sexual orientation or gender identity. (Vetoed by Governor Brown)
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Employment Development Department (EDD): the EDD estimates one-time General Fund costs of approximately $270,000 which includes about $15,000 to implement changes to the CalJOBS system to collect and report sexual orientation and gender identity data. This estimate also includes $255,000 in staffing costs for two full-time positions to revise policies and procedures, update forms, and conduct Equal Employment Opportunity training on data collection activities.
- California Department of Education (CDE): the CDE estimates General Fund costs of approximately $180,000 for various system updates. Specifically, the CDE indicates a cost of $75,000 to update the California Basic Educational Data System to collect the required data; $45,000 to collect ethnicity data via the 801a process using the CD-9600 Application for services, which includes the updating of the Child Development Management Information System and documenting and providing technical assistance; and $60,000 to update the Child Nutrition Information and Payment System, provide technical assistance to local educational agencies (LEAs), and child care and summer food agencies, and writing, posting, and disseminating guidance to LEAs.
- Commission on Teacher Credentialing (CTC): the CTC indicates minor and absorbable costs to implement the bill, as the information could be included in its annual teacher supply report.
- Department of Industrial Relations (DIR): the DIR indicates minor and absorbable costs.
- The bill’s provision that prohibits LEAs from deleting questions relating to sexual orientation and gender identity from student surveys is not expected to increase state costs because those surveys are discretionary at the local level.
Equality California (source)
ACLU of California
APLA Health
California Latinas for Reproductive Justice
California Pan-Ethnic Health Network
California Teachers Association
National Association of Social Workers, California Chapter
Department of Finance
ARGUMENTS IN SUPPORT: According to Equality California, “as a result of long-term systemic discrimination and societal bias, LGBT people face significant disparities in their health and well-being compared to the broader community. These disparities include disproportionately high rates of poverty, unemployment and under-employment, homelessness, isolation, suicide, violence, and substance abuse. These problems are more pronounced for youth and seniors, communities of color, and transgender and undocumented communities.”
Supporters further argue that, “collecting voluntary data on sexual orientation and gender identity is necessary to understand the extent to which LGBT people are experiencing disparities in health and well-being and whether government programs are reaching LBGT people in need of care and assistance.”
ARGUMENTS IN OPPOSITION: According to the Department of Finance, “this bill creates administratively burdensome data collection and reporting requirements for seven state entities. To the extent departments submit requests for resources, this bill may result in additional General Fund costs inconsistent with the current budget.”
ASSEMBLY FLOOR: 63-10, 5/31/17
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Flora, Fong, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Voepel, Weber, Wood, Rendon
NOES: Travis Allen, Bigelow, Brough, Dahle, Gallagher, Harper, Mathis, Obernolte, Patterson, Waldron
NO VOTE RECORDED: Chen, Choi, Eggman, Kiley, Melendez, O'Donnell, Steinorth
9/5/17 9:41:29
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 677 (Chiu) - Data collection: sexual orientation
Version: July 19, 2017 | Policy Vote: G.O. 10 - 2, ED. 5 - 0 |
Urgency: No | Mandate: No |
Hearing Date: September 1, 2017 | Consultant: Lenin Del Castillo |
Bill Summary:
This bill expands the list of state entities currently required to collect voluntary self-identification information on sexual orientation and gender identity to include various education and employment-related state agencies. This bill also prohibits local educational agencies (LEAs) from deleting questions relating to sexual orientation and gender identity if they are administering a voluntary survey.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2017
Fiscal Impact:
- Employment Development Department (EDD): the EDD estimates one-time General Fund costs of approximately $270,000 which includes about $15,000 to implement changes to the CalJOBS system to collect and report sexual orientation and gender identity data. This estimate also includes $255,000 in staffing costs for two full-time positions to revise policies and procedures, update forms, and conduct Equal Employment Opportunity training on data collection activities.
- California Department of Education (CDE): the CDE estimates General Fund costs of approximately $180,000 for various system updates. Specifically, the CDE indicates a cost of $75,000 to update the California Basic Educational Data System (CBEDS) to collect the required data; $45,000 to collect ethnicity data via the 801a process using the CD-9600 Application for services, which includes the updating of the Child Development Management Information System (CDMIS) and documenting and providing technical assistance; and $60,000 to update the Child Nutrition Information and Payment System (CNIPS), provide technical assistance to local educational agencies (LEAs), and child care and summer food agencies, and writing, posting, and disseminating guidance to LEAs.
- Commission on Teacher Credentialing (CTC): the CTC indicates minor and absorbable costs to implement the bill, as the information could be included in its annual teacher supply report.
- Department of Industrial Relations (DIR): the DIR indicates minor and absorbable costs.
- The bill’s provision that prohibits LEAs from deleting questions relating to sexual orientation and gender identity from student surveys is not expected to increase state costs because those surveys are discretionary at the local level.
Author Amendments:
Make technical changes and add coauthors.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 677 (Chiu) - Data collection: sexual orientation
Version: July 19, 2017 | Policy Vote: G.O. 10 - 2, ED. 5 - 0 |
Urgency: No | Mandate: No |
Hearing Date: August 21, 2017 | Consultant: Lenin Del Castillo |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill expands the list of state entities currently required to collect voluntary self-identification information on sexual orientation and gender identity to include various education and employment-related state agencies. This bill also prohibits local educational agencies (LEAs) from deleting questions relating to sexual orientation and gender identity if they are administering a voluntary survey.
Fiscal Impact:
- Employment Development Department (EDD): the EDD estimates one-time General Fund costs of approximately $270,000 which includes about $15,000 to implement changes to the CalJOBS system to collect and report sexual orientation and gender identity data. This estimate also includes $255,000 in staffing costs for two full-time positions to revise policies and procedures, update forms, and conduct Equal Employment Opportunity training on data collection activities.
- California Department of Education (CDE): the CDE estimates General Fund costs of approximately $180,000 for various system updates. Specifically, the CDE indicates a cost of $75,000 to update the California Basic Educational Data System (CBEDS) to collect the required data; $45,000 to collect ethnicity data via the 801a process using the CD-9600 Application for services, which includes the updating of the Child Development Management Information System (CDMIS) and documenting and providing technical assistance; and $60,000 to update the Child Nutrition Information and Payment System (CNIPS), provide technical assistance to local educational agencies (LEAs), and child care and summer food agencies, and writing, posting, and disseminating guidance to LEAs.
- Commission on Teacher Credentialing (CTC): the CTC indicates minor and absorbable costs to implement the bill, as the information could be included in its annual teacher supply report.
- Department of Industrial Relations (DIR): the DIR indicates minor and absorbable costs.
- The bill’s provision that prohibits LEAs from deleting questions relating to sexual orientation and gender identity from student surveys is not expected to increase state costs because those surveys are discretionary at the local level.
Background:
Existing law requires the Department of Health Care Services, the Department of Public Health, the Department of Social Services, and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018. Existing law also prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified.
Proposed Law:
This bill adds the following state entities to the list of departments required to collect voluntary self-identification information on sexual orientation and gender identity:
- The State Department of Education and the Superintendent of Public Instruction, except this section, shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).
- The Commission of Teacher Credentialing.
- The Department of Fair Employment and Housing.
- The Labor and Workforce Development Agency.
- The Department of Industrial Relations.
- The Employment Training Panel.
- The Employment Development Department, except the provisions of this bill, shall not apply to the unemployment insurance program within the department.
This bill provides that these entities are to comply with the requirements of this bill as early as possible, but no later than July 1, 2019.
Further, this bill provides that if an LEA administers a voluntary survey that already includes questions pertaining to sexual orientation and gender identity, they shall not remove those questions
Finally, this bill authorizes state entities to collect aggregated data provided to a state department by a third-party entity, including, but not limited to, a private employer.
Related Legislation:
AB 959 (Chiu, Chapter 565, Statutes of 2015) required the Department of Health Care Services, the Department of Public Health, the Department of Social Services and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity.
AB 532 (McCarty, Chapter 433, Statutes of 2015) required any state agency, board, or commission that collects demographic data to provide forms that offer respondents the option of identifying as “multiracial” and selecting one or more ethnic or racial designations.
SB 280 (Lieu and Lara, 2015) would have authorized the application form for insurance affordability programs to include questions on sexual orientation and gender identity, and would have required the application to include voluntary questions regarding specified demographic information, including sexual orientation and gender identity or expression, as of January 1, 2016. This measure was held on this Committee’s Suspense File.
AB 1208 (Pan, 2013) contained similar provisions to SB 280. This measure was vetoed by the Governor with the following statement:
We don't need to mandate these requirements in law. The Department of Health Care Services and Covered California already have the authority to modify these types of questions on the form, and they can work constructively with stakeholders to decide what is necessary to change for 2015 and beyond.
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SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: Hearing Date: July 13, 2017
Author: | Chiu | ||
Version: |
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Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill expands the list of state entities currently required to collect voluntary self-identification information on sexual orientation and gender identity to include various education and employment-related state agencies and prohibits a local educational agency that administers the California Healthy Kids Survey to middle or high school pupils from removing a specific question regarding sexual orientation and gender identity.
BACKGROUND
Existing law:
1) Requires the Department of Health Care Services, the Department of Public Health, the Department of Social Services, and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018. (Government Code § 8310.8)
2) Prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. (GC § 8310.8)
3) Makes legislative findings pertaining to the importance of collecting such data. (Chapter 565, Statutes of 2015)
4) Authorizes state entities to collect demographic information from other entities, under specified circumstances. §8310.8)
ANALYSIS
This bill expands the list of state entities currently required to collect voluntary self-identification information on sexual orientation and gender identity to include various education and employment-related state agencies and prohibits a local educational agency that administers the California Healthy Kids Survey to middle or high school pupils from removing a specific question regarding sexual orientation and gender identity. Specifically, this bill:
1) Adds the following state entities to the list of departments required to collect voluntary self-identification information on sexual orientation and gender identity:
a) The California Department of Education and the Superintendent of Public Instruction, except as it relates to the California Longitudinal Pupil Achievement Data System (CALPADS).
b) The Commission on Teacher Credentialing.
c) The Department of Fair Employment and Housing.
d) The Labor and Workforce Development Agency.
e) The Department of Industrial Relations.
f) The Employment Training Panel.
g) The Employment Development Department (EDD), except as it relates to the unemployment insurance program within the EDD.
2) Requires these entities to comply with the requirements of this bill as early as possible, but no later than July 1, 2019.
3) Prohibits a local educational agency that chooses to administer the California Healthy Kids Survey to middle or high school pupils from removing the following question from the survey:
“Which of the following best describes you? (Mark All That Apply.)
(A) Heterosexual (straight).
(B) Gay or Lesbian.
(C) Transgender.
(D) Not sure.
(E) Decline to respond.”
4) Authorizes state entities to collect data provided to a state department by third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department.
STAFF COMMENTS
1) Need for the bill. According to the author’s office, “the lack of comprehensive evidence on the well-being outcomes of LGBT communities essentially keeps LGBT disparities invisible to the state. AB 677 builds on good data collection practices by requiring education and employment related government agencies to collect voluntarily provided data on sexual orientation and gender identity when collecting other demographic data. A comprehensive landscape of data incorporating the needs and trends of every community is imperative to reducing inequalities and ensuring that all Californians receive the care and services they need.”
2. Collection of data. State government agencies routinely collect demographic data on race, ethnicity, gender, and disability on a wide variety of state forms and surveys. The purpose of this data is to help better understand disparities in underserved communities and better tailor government services to fit the needs of those communities.
Prior to the passage of AB 959 (Chiu, Chapter 565, Statutes of 2015), California law was silent on demographic data collection based on sexual orientation or gender identity. This changed with the enactment of AB 959, which required the Department of Health Care Services, the Department of Public Health, the Department of Social Services and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity.
This bill expands on that data collection by adding specified education and employment related government agencies to the list of agencies required to collect voluntary data on sexual orientation and gender identity.
3. California Longitudinal Pupil Achievement Data System (CALPADS). CALPADS was created to enable California to meet federal requirements delineated in the No Child Left Behind (NCLB) Act of 2001. CALPADS has been operational since 2009 and contains information on student demographics, program participation, grade level, enrollment, course enrollment and completion, discipline, and statewide assessment data. The student-level, longitudinal data in CALPADS enables the facilitation of program evaluation, the assessment of student achievement over time, the calculation of more accurate dropout and graduation rates, the efficient creation of reports to meet state and federal reporting requirements, and the ability to create ad hoc reports and responses to relevant questions. CALPADS provides local educational agencies (LEAs) with access to longitudinal data and reports on their own students, and it gives LEAs immediate access to information on new students, enabling the LEAs to place students appropriately and to determine whether any assessments are necessary.
However, budget language prohibits the CDE from adding additional data elements to CALPADS. Specifically, provision 13 of budget item 6110-001-0890 of the Budget Act of 2015 provides, in part, "As a further condition of receiving these [federal] funds, the SDE shall not add additional data elements to CALPADS, require local educational agencies to use the data collected through the CALPADS for any purpose, or otherwise expand or enhance the system beyond the data elements and functionalities that are identified in the most current approved Feasibility Study and Special Project Reports and the CALPADS Data guide v4.1."
4. California Healthy Kids Survey (CHKS). The CHKS is an anonymous, confidential survey of youth resiliency, protective factors, and risk behaviors. It is administered to students at grades five, seven, nine, and eleven. It enables schools and communities to collect and analyze data regarding local youth health risks and behaviors, school connectedness, protective factors, and school violence. The California Healthy Kids Survey (CHKS) is part of a comprehensive data-driven decision-making process on improving school climate and student learning environment for overall school improvements. Additionally, the CHKS can be used by local educational agencies for purposes of their local control and accountability plans to help determine their goals and actions for the school climate state priority.
At the heart of the CHKS is a research-based core module that provides valid indicators to promote student engagement and achievement, safety, positive development, health, and overall well-being. In addition, there are supplementary modules to choose from at the secondary school level that ask detailed questions on specific topics. These include more in-depth questions on resiliency and protective factors; school climate; resiliency and youth development; social emotional health and learning; tobacco use; alcohol and other drug use; safety/violence; physical health; sexual behavior; after school activities; gang awareness; lesbian, gay, bisexual, and transgender school experiences; and military connected school. Local educational agencies can also customize their questions in a custom module targeting topics of local interest.
While the CHKS was at one time required as a condition of federal No Child Left Behind Act funding, it is now voluntary for most local educational agencies. The only local educational agencies currently required to offer the CHKS core module are those that receive Tobacco Use Prevention Education (TUPE) grant funding.
This bill would prohibit local educational agencies that choose to administer the CHKS to middle or high school pupils from removing a specific question related to gender identity and sexual orientation, which is part of the CHKS core module. However, according to data from the California Department of Education (CDE), for the two recent school years, 675 school districts administered the CHKS, but 83 (12.3 percent) did not report any data on the sexual orientation and gender identity question. Moreover, in 2016-17, even among TUPE recipients, which are required to ask that question, 18 school districts did not report data on that question.
The committee may wish to consider whether prohibiting local educational agencies from removing a specific question relating to sexual orientation and gender identity could have the unintended consequence of causing some local educational agencies to simply not administer the CHKS, and if that were the case, whether more information (tobacco use, alcohol and other drug use, safety/violence, physical health, sexual behavior, after school activities, gang awareness, etc.) would be lost than gained (additional sexual orientation and gender identity demographics). Conversely, the committee may wish to consider whether it should even be concerned if some local educational agencies choose not to administer the CHKS over simple demographic data.
5. Question under revision? According to CDE, it is currently in the process of revising the question at issue in this bill into two separate questions. The author would like to amend the bill to replace Section 2 of the bill with the following:
“If a local educational agency administers a voluntary survey that already includes questions pertaining to sexual orientation and gender identity, the local educational agency shall not remove those questions” Staff recommends that the bill be amended to reflect the author’s proposed amendment.
6. Previous legislation. AB 959 (Chiu, Chapter 565, Statutes of 2015) required the Department of Health Care Services, the Department of Public Health, the Department of Social Services and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018, when collecting demographic data.
AB 532 (McCarty, Chapter 433, Statutes of 2015) required any state agency, board, or commission that collects demographic data to provide forms that offer respondents the option of identifying as “multiracial” and selecting one or more ethnic or racial designations.
AB 176 (Bonta, 2015) would have placed certain requirements regarding the collection of demographic data, by the state's public segments of postsecondary education and by state health-related departments, pertaining to tabulation categories of Native Hawaiian, Asian, and Pacific Islander groups. AB 176 was vetoed by Governor Brown.
SB 280 (Lieu, 2014) would have authorized, until January 1, 2015, the application form for insurance affordability program coverage to include additional voluntary questions on sexual orientation and gender identity or expression. SB 280 also would have required, effective January 1, 2016, the application form to include voluntary questions regarding demographic data categories, including race, ethnicity, primary language, disability status, sexual orientation, gender identity or expression and other categories recognized by the federal Secretary of the Department of Health and Human Services. SB 280 was held in Senate Appropriations.
SB 416 (Kehoe, 2011) would have required the statewide Health Interview Survey and the Behavioral Risk Factor Surveillance System to include specified information related to sexual orientation or gender identity. SB 416 was vetoed by Governor Brown.
AB 1088 (Eng, Chapter 689, Statutes of 2011) required certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian, and Pacific Islander communities in California.
AB 1878 (Lieu, 2010) would have required all California agency forms that ask for demographic information to include sexual orientation or gender identity. AB 1878 was held in the Assembly Appropriations Committee.
AB 1281 (Portantino, 2009) would have enacted the California School Racial Equality Designation Act and required any state agency, board, or commission that directly, or by contract, collects demographic data on the race or ethnicity of pupils in any elementary or secondary school to provide written instructions for reporting racial information that specify that multiracial pupils may select 2 or more racial categories. AB 1281 was vetoed by Governor Schwarzenegger.
SB 26 (Simitian, 2007) would have enacted the “Ethnic Heritage Respect and Recognition Act of 2007” requiring any state entity that collects demographic data on the ancestry, ethnic origin, ethnicity, or race of Californians to provide forms that offer respondents the option of selecting one or more ethnic or racial designations. SB 26 was held in the Assembly Appropriations Committee.
SB 1615 (Simitian, 2006) would have enacted the “Ethnic Heritage Respect and Recognition Act” to require any state agency, board, or commission that directly or by contract collects demographic data, as soon as reasonably feasible and in no event later than January 1, 2014, to provide forms that offer respondents the option of selecting one more ethnic or racial designation according to specified federal standards. SB 1615 was held in the Senate Appropriations Committee.
AB 2324 (Chan, 2004), among other things, would have required each state program directly involved in furnishing information to, or rendering services to, the public to collect data regarding the race, ethnicity, and primary language of all participants, on a voluntary basis. AB 2324 was held in the Assembly Appropriations Committee.
SUPPORT
ACLU of California
APLA Health
California Latinas for Reproductive Justice
California Pan-Ethnic Health Network
California Teachers Association
Equality California
National Association of Social Workers, California Chapter
OPPOSITION
None received
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SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Bill Dodd
Chair
2017 - 2018 Regular
Bill No: AB Hearing Date: 7/11/17
Author: | Chiu | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
DIGEST: This bill expands the list of state entities currently required to collect voluntary self-identification information on sexual orientation and gender identity to include various education and employment-related state agencies. Furthermore, the bill prohibits middle and high schools from deleting a question in the California Healthy Kids Survey, which is administered in California public schools in grades four through 12, relating to sexual orientation.
ANALYSIS:
Existing law:
- Requires the Department of Health Care Services, the Department of Public Health, the Department of Social Services, and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018.
- Prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified.
- Makes legislative findings pertaining to the importance of collecting such data.
- Authorizes state entities to collect demographic information from other entities, under specified circumstances.
This bill:
- Adds the following state entities to the list of departments required to collect voluntary self-identification information on sexual orientation and gender identity:
- The State Department of Education and the Superintendent of Public Instruction, except this section, shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).
- The Commission of Teacher Credentialing.
- The Department of Fair Employment and Housing.
- The Labor and Workforce Development Agency.
- The Department of Industrial Relations.
- The Employment Training Panel.
- The Employment Development Department, except the provisions of this bill, shall not apply to the unemployment insurance program within the department.
- Requires these entities to comply with the requirements of this bill as early as possible, but no later than July 1, 2019.
- Provides that if a local educational agency chooses to administer the California Healthy Kids Survey to middle or high school pupils, the agency shall not remove the following question from the survey:
Which of the following best describes you? (Mark All That Apply.)
- Heterosexual (straight).
- Gay or Lesbian.
- Transgender.
- Not sure.
- Decline to respond.
- Authorizes state entities to collect aggregated data provided to a state department by a third-party entity, including, but not limited to, a private employer.
Background
Purpose of the bill. According to the author’s office, “the lack of comprehensive evidence on the well-being outcomes of LGBT communities essentially keeps LGBT disparities invisible to the state. AB 677 builds on good data collection practices by requiring education and employment related government agencies to collect voluntarily provided data on sexual orientation and gender identity when collecting other demographic data. A comprehensive landscape of data incorporating the needs and trends of every community is imperative to reducing inequalities and ensuring that all Californians receive the care and services they need.”
Collection of data. State government agencies routinely collect demographic data on race, ethnicity, gender, and disability on a wide variety of state forms and surveys. The purpose of this data is to help better understand disparities in underserved communities and better tailor government services to fit the needs of those communities.
Prior to the passage of AB 959 (Chiu, Chapter 565, Statutes of 2015), California law was silent on demographic data collection based on sexual orientation or gender identity. This changed with the enactment of AB 959, which required the Department of Health Care Services, the Department of Public Health, the Department of Social Services and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity.
This bill expands on that data collection by adding specified education and employment related government agencies to the list of agencies required to collect voluntary data on sexual orientation and gender identity. Supporters argue that “collecting this data helps reduce disparities, ensure that educational programs are responsive to the needs of LGBT youth, and improve access to employment for LGBT workers.”
CALPADS. CALPADS is administered by the Department of Education and is a longitudinal data system used to maintain individual-level data including student demographics, course data, discipline, assessments, staff assignments, and other data for state and federal reporting. CALPADS is used by local educational agencies, such as school districts, county offices of education, and independently-reporting charters.
This data can be used to better target resources, assistance, and interventions to keep students in schools and on track to graduate. This bill exempts CALPADS from its provisions.
California Healthy Kids Survey. The California Healthy Kids Survey is a comprehensive, youth risk behavior and resilience data collection service for students in grades four through 12 that is available to all California local education agencies and is funded by the California Department of Education. Every school district in California is required to conduct the survey in order to comply with the No Child Left Behind Act, Title IV. It provides local schools and communities with data to identify the needs of youth and to guide efforts to meets those needs.
This bill would prohibit middle and high schools from deleting a question in the survey relating to sexual orientation.
Prior/Related Legislation
AB 959 (Chiu, Chapter 565, Statutes of 2015) required the Department of Health Care Services, the Department of Public Health, the Department of Social Services and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018, when collecting demographic data.
AB 532 (McCarty, Chapter 433, Statutes of 2015) required any state agency, board, or commission that collects demographic data to provide forms that offer respondents the option of identifying as “multiracial” and selecting one or more ethnic or racial designations.
AB 176 (Bonta, 2015) would have placed certain requirements regarding the collection of demographic data, by the state's public segments of postsecondary education and by state health-related departments, pertaining to tabulation categories of Native Hawaiian, Asian, and Pacific Islander groups. (Vetoed by Governor Brown)
SB 280 (Lieu, 2014) would have authorized, until January 1, 2015, the application form for insurance affordability program coverage to include additional voluntary questions on sexual orientation and gender identity or expression. Also, would have required, effective January 1, 2016, the application form to include voluntary questions regarding demographic data categories, including race, ethnicity, primary language, disability status, sexual orientation, gender identity or expression and other categories recognized by the federal Secretary of the Department of Health and Human Services. (Held on Senate Appropriations Suspense File)
SB 416 (Kehoe, 2011) would have required the statewide Health Interview Survey and the Behavioral Risk Factor Surveillance System to include specified information related to sexual orientation or gender identity. (Vetoed by Governor Brown)
AB 1088 (Eng, Chapter 689, Statutes of 2011) required certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian, and Pacific Islander communities in California.
AB 1878 (Lieu, 2010) would have required all California agency forms that ask for demographic information to include sexual orientation or gender identity. (Held in Assembly Appropriations Suspense File)
AB 1281 (Portantino, 2009) would have enacted the California School Racial Equality Designation Act and required any state agency, board, or commission that directly, or by contract, collects demographic data on the race or ethnicity of pupils in any elementary or secondary school to provide written instructions for reporting racial information that specify that multiracial pupils may select 2 or more racial categories. (Vetoed by Governor Schwarzenegger)
SB 26 (Simitian, 2007) would have enacted the “Ethnic Heritage Respect and Recognition Act of 2007” requiring any state entity that collects demographic data on the ancestry, ethnic origin, ethnicity, or race of Californians to provide forms that offer respondents the option of selecting one or more ethnic or racial designations. (Held in Assembly Appropriations Suspense File)
SB 1615 (Simitian, 2006) would have enacted the “Ethnic Heritage Respect and Recognition Act” to require any state agency, board, or commission that directly or by contract collects demographic data, as soon as reasonably feasible and in no event later than January 1, 2014, to provide forms that offer respondents the option of selecting one more ethnic or racial designation according to specified federal standards. (Held in Senate Appropriations Suspense File)
AB 2324 (Chan, 2004), among other things, would have required each state program directly involved in furnishing information to, or rendering services to, the public to collect data regarding the race, ethnicity, and primary language of all participants, on a voluntary basis. (Held in Assembly Appropriations Suspense File)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT:
Equality of California (Source)
ACLU of California
APLA Health
California Latinas for Reproductive Justice
California Pan-Ethnic Health Network
California Teachers Association
National Association of Social Workers, California Chapter
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: According to Equality California, “as a result of long-term systemic discrimination and societal bias, LGBT people face significant disparities in their health and well-being compared to the broader community. These disparities include disproportionately high rates of poverty, unemployment and under-employment, homelessness, isolation, suicide, violence, and substance abuse. These problems are more pronounced for youth and seniors, communities of color, and transgender and undocumented communities.”
Supporters further argue that, “collecting voluntary data on sexual orientation and gender identity is necessary to understand the extent to which LGBT people are experiencing disparities in health and well-being and whether government programs are reaching LBGT people in need of care and assistance.”
ASSEMBLY THIRD READING
ATR Bill Id:AB 677
Author:(Chiu)
As Amended Ver:May 30, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Accountability | 7-0 | Eggman, Lackey, Burke, Flora, Frazier, Medina, Quirk-Silva | |
Appropriations | 13-4 | Gonzalez Fletcher, Bloom, Bocanegra, Bonta, Calderon, McCarty, Quirk, Fong, Friedman, Eduardo Garcia, Gray, Muratsuchi, Reyes | Bigelow, Brough, Gallagher, Obernolte |
SUMMARY: Expands the list of state entities currently required to collect voluntary self-identification information on sexual orientation and gender identity to include various education and employment-related state agencies. Specifically, this bill:
- Adds the following state entities to the list of departments required to collect voluntary self-identification information on sexual orientation and gender identity:
- State Department of Education and the Superintendent of Public Instruction;
- Commission on Teacher Credentialing;
- Department of Fair Employment and Housing;
- California Labor and Workforce Development Agency;
- Department of Industrial Relations;
- State Employment Training Panel; and,
- Employment Development Department, except for the unemployment insurance program.
- Requires these entities to comply with the requirements of this bill as early as possible, but no later than July 1, 2019.
EXISTING LAW directs the Department of Health Care Services, the Department of Public Health, the Department of Social Services, and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Unknown one-time aggregate state costs (General Fund and/or special fund), likely in the high hundreds of thousands, for seven state entities to update forms and information collection procedures, including programming changes.
- Minor ongoing costs to seven state entities to administer and maintain these activities.
COMMENTS: State government agencies routinely collect demographic data on race, ethnicity, gender, and disability on a wide variety of state forms and surveys. The author notes that this data is intended to help better understand disparities in underserved communities. However, the author contends there is a gap in the collection of sexual orientation and gender identity data from education and employment-related state agencies. This bill is intended to fill this gap by expanding the existing requirements for state entities to collect voluntary sexual orientation and gender identity data to include state entities that deal with education and employment services. According to the author, the inclusion of more agencies in this data collection will help to direct state support to government programs and services that address socioeconomic disparities and the effects of long-standing systematic discrimination towards lesbian, gay, bisexual and transgender communities.
Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600 FN: 0000684
Date of Hearing: April 5, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 677
Author:(Chiu) – As Amended Ver:March 29, 2017
Policy Committee: | Accountability and Administrative Review | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill expands the list of state entities currently required to collect voluntary self-identification information on sexual orientation and gender identity to include various education and employment-related state agencies. Specifically, this bill:
- Adds the following nine state entities to the list of departments required to collect voluntary self-identification information on sexual orientation and gender identity in the course of their current demographic data collection efforts:
- State Department of Education and the Superintendent of Public Instruction;
- State Board of Education;
- Commission on Teacher Credentialing;
- Department of Fair Employment and Housing;
- Labor and Workforce Development Agency;
- Department of Industrial Relations;
- California Workforce Development Board;
- Employment Training Panel; and
- Employment Development Department.
- Requires these entities to comply as soon as possible, but no later than July 1, 2019.
FISCAL EFFECT:
- Unknown one-time aggregate state costs (GF and/or special fund), likely in the high hundreds of thousands, for nine state entities to update forms and information collection procedures, including programming changes.
- Minor ongoing costs to nine state entities to administer and maintain these activities.
COMMENTS:
- Purpose. According to the author, there is a gap in the collection of sexual orientation and gender identity data from education and employment-related state agencies. The inclusion of more agencies in this data collection will help to direct state support to government programs and services that address socioeconomic disparities and the effects of long-standing systematic discrimination towards LGBT communities.
This bill is intended to fill this gap by expanding the existing requirements for state entities to collect voluntary sexual orientation and gender identity data to include nine specified state entities that deal with education and employment services.
- Background. State government agencies routinely collect demographic data on race, ethnicity, gender, and disability on a wide variety of state forms and surveys. The purpose of this data is to help better understand disparities in underserved communities. Current law requires the Department of Health Care Services, the Department of Public Health, the Department of Social Services, and the Department of Aging to collect this data, beginning no later than July 1, 2018.
- Prior Legislation. AB 959 (Chiu), Chapter 565, Statutes of 2015, directs four state agencies that provide health and human services to collect voluntarily reported sexual orientation and gender identity data by July 1, 2018.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: March 22, 2017
ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
Susan Talamantes Eggman, Chair
ABPCA Bill Id:AB 677 (
Author:Chiu) – As Introduced Ver:February 15, 2017
SUBJECT: Data collection: Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act
SUMMARY: Expands the list of state entities currently required to collect voluntary self-identification information on sexual orientation and gender identity to include various education and employment-related state agencies. Specifically, this bill:
- Adds the following state entities to the list of departments required to collect voluntary self-identification information on sexual orientation and gender identity:
- California Department of Education and the Superintendent of Public Instruction;
- State Board of Education;
- Commission on Teacher Credentialing;
- Department of Fair Employment and Housing;
- California Labor and Workforce Development Agency;
- Department of Industrial Relations;
- State Workforce Investment Board;
- State Employment Training Panel;
- Employment Development Department; and,
- Department of General Services.
- Requires these entities to comply with the requirements of this bill as early as possible, but no later than July 1, 2019.
EXISTING LAW directs the Department of Health Care Services, the Department of Public Health, the Department of Social Services, and the Department of Aging to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018.
FISCAL EFFECT: Unknown
COMMENTS: State government agencies routinely collect demographic data on race, ethnicity, gender, and disability on a wide variety of state forms and surveys. The author notes that this data is intended to help better understand disparities in underserved communities. However, the author contends there is a gap in the collection of sexual orientation and gender identity data from education and employment-related state agencies. The author states that this bill fills this gap by expanding the existing requirements for state entities to collect voluntary sexual orientation and gender identity data to include ten specified state entities that deal with education and employment services.
The author seeks to reduce health and well-being disparities for lesbian, gay, bisexual and transgender (LGBT) communities by ensuring that voluntary sexual orientation and gender identity data is collected on a statewide basis by key government entities that provide education and employment services. According to the author, the inclusion of more agencies in this data collection will help to direct state support to government programs and services that address socioeconomic disparities and the effects of long-standing systematic discrimination towards LGBT communities.
PRIOR LEGISLATION: AB 959 (Chiu), Chapter 565, Statutes of 2015, directs four state agencies that provide health and human services to collect voluntarily reported sexual orientation and gender identity data by July 1, 2018.
REGISTERED SUPPORT / OPPOSITION:
Support
Equality California (sponsor)
ACLU of California
APLA Health
Opposition
None on file.
Analysis Prepared by: Cassie Royce / A. & A.R. /
Discussed in Hearing
1MIN
Assembly Floor
4MIN
Senate Floor
1H
Senate Standing Committee on Appropriations
12MIN
Senate Standing Committee on Education
11MIN
Senate Standing Committee on Governmental Organization
1MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
9MIN
Assembly Standing Committee on Accountability and Administrative Review
Bill Author
Bill Co-Author(s):
