AB 245: Educational equity: student records: name and gender changes.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-10-06
The Donahoe Higher Education Act establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. The act applies to the University of California only to the extent that the regents, by appropriate resolution, make it applicable. The Equity in Higher Education Act provides that it is the policy of the state to afford all persons, regardless of specified characteristics, including gender identity and gender expression, equal rights and opportunities in the postsecondary educational institutions of the state.
This bill, as part of the Donahoe Higher Education Act, would require a campus of the University of California, California State University, or California Community Colleges to update a former students records to include the students updated legal name or gender if the institution receives government-issued documentation, as described, from the student demonstrating that the former students legal name or gender has been changed. The bill would require the institution to reissue specified documents conferred upon, or issued to, the former student with the former students updated legal name or gender, if requested by the former student. The bill would prohibit an institution from charging a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally. Commencing with the 202324 graduating class, the bill would require an institution to provide an option for a graduating student to request that the diploma to be conferred by the institution list the students chosen name, as specified. Because this bill imposes new duties on community college districts, it would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Donahoe Higher Education Act establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. The act applies to the University of California only to the extent that the regents, by appropriate resolution, make it applicable. The Equity in Higher Education Act provides that it is the policy of the state to afford all persons, regardless of specified characteristics, including gender identity and gender expression, equal rights and opportunities in the postsecondary educational institutions of the state.
This bill, as part of the Donahoe Higher Education Act, would require a campus of the University of California, California State University, or California Community Colleges to update a former students records to include the students updated legal name or gender if the institution receives government-issued documentation, as described, from the student demonstrating that the former students legal name or gender has been changed. The bill would require the institution to reissue specified documents conferred upon, or issued to, the former student with the former students updated legal name or gender, if requested by the former student. The bill would prohibit an institution from charging a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally. Commencing with the 202324 graduating class, the bill would require an institution to provide an option for a graduating student to request that the diploma to be conferred by the institution list the students chosen name, as specified. Because this bill imposes new duties on community college districts, it would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Donahoe Higher Education Act establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. The act applies to the University of California only to the extent that the regents, by appropriate resolution, make it applicable. The Equity in Higher Education Act provides that it is the policy of the state to afford all persons, regardless of specified characteristics, including gender identity and gender expression, equal rights and opportunities in the postsecondary educational institutions of the state.
This bill, as part of the Donahoe Higher Education Act, would require a campus of the University of California, California State University, or California Community Colleges to update a former students records to include the students updated legal name or gender if the institution receives government-issued documentation, as described, from the student demonstrating that the former students legal name or gender has been changed. The bill would require the institution to reissue specified documents conferred upon, or issued to, the former student with the former students updated legal name or gender, if requested by the former student. The bill would prohibit an institution from charging a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally. Commencing with the 202324 graduating class, the bill would require an institution to provide an option for a graduating student to request that the diploma to be conferred by the institution list the students chosen name, as specified. Because this bill imposes new duties on community college districts, it would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Donahoe Higher Education Act establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. The act applies to the University of California only to the extent that the regents, by appropriate resolution, make it applicable. The Equity in Higher Education Act provides that it is the policy of the state to afford all persons, regardless of specified characteristics, including gender identity and gender expression, equal rights and opportunities in the postsecondary educational institutions of the state.
This bill bill, as part of the Donahoe Higher Education Act, would require a campus of the University of California, California State University, or California Community Colleges to update a former students records to include the students updated legal name or gender if the institution receives government-issued documentation, as described, from the student demonstrating that the former students legal name or gender has been changed. The bill would require the institution to reissue specified documents conferred upon, or issued to, the former student with the former students updated legal name or gender, if requested by the former student. Commencing with the 202324 graduating class, the bill would require an institution to provide an option for a graduating student to request that the diploma to be conferred by the institution list the students chosen name, as specified. Because this bill imposes new duties on community college districts, it would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. The Equity in Higher Education Act provides that it is the policy of the state to afford all persons, regardless of specified characteristics, including gender identity and gender expression, equal rights and opportunities in the postsecondary educational institutions of the state.
This bill would require a campus of the University of California, California State University, or California Community Colleges to update a former students records to include the students updated legal name or gender if the institution receives government-issued documentation, as described, from the student demonstrating that the former students legal name or gender has been changed. The bill would require the institution to reissue specified documents conferred upon, or issued to, the former student with the former students updated legal name or gender, if requested by the former student. Commencing with the 202324 graduating class, the bill would require an institution to provide an option for a graduating student to request that the diploma to be conferred by the institution list the students chosen name, as specified. Because this bill imposes new duties on community college districts, it would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)For purposes of this section, public postsecondary educational institution or institution means a campus of the University of California, the California State University, or the California Community Colleges.
(b)(1)If a public postsecondary educational institution receives government-issued documentation, as described in subdivision (c), from a former student demonstrating that the former students legal name or gender has been changed, the institution shall update the former students records to include the updated legal name or gender. If requested by the former student, the institution shall reissue any documents conferred upon the former student with the former students updated legal name or gender. Documents that shall be reissued by the institution upon request include, but are not necessarily limited to, a transcript or a diploma conferred by the institution.
(2)An institution shall not charge a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally.
(c)The documentation of a former student sufficient to demonstrate a legal name or gender change includes, but is not necessarily limited to, any of the following:
(1)State-issued drivers license or identification card.
(2)Birth certificate.
(3)Passport.
(4)Social security card.
(5)Court order indicating a name change or a gender change, or both.
(d)This section does not require the institution to modify records that the former student has not requested for modification or reissuance.
(e)Commencing with the 202324 graduating class, an institution shall provide an option for a graduating student to request that the diploma to be conferred by the institution list the students chosen name. Commencing with the 202324 graduating class, an institution shall not require a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the students chosen name listed on the students diploma.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)For purposes of this section, public postsecondary educational institution or institution means a campus of the University of California, the California State University, or the California Community Colleges.
(b)(1)If a public postsecondary educational institution receives government-issued documentation, as described in subdivision (c), from a former student demonstrating that the former students legal name or gender has been changed, the institution shall update the former students records to include the updated legal name or gender. If requested by the former student, the institution shall reissue any documents conferred upon the former student with the former students updated legal name or gender. Documents that shall be reissued by the institution upon request include, but are not necessarily limited to, a transcript or a diploma conferred by the institution.
(2)An institution shall not charge a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally.
(c)The documentation of a former student sufficient to demonstrate a legal name or gender change includes, but is not necessarily limited to, any of the following:
(1)State-issued drivers license or identification card.
(2)Birth certificate.
(3)Passport.
(4)Social security card.
(5)Court order indicating a name change or a gender change, or both.
(d)This section does not require the institution to modify records that the former student has not requested for modification or reissuance.
(e)Commencing with the 202324 graduating class, an institution shall provide an option for a graduating student to request that the diploma to be conferred by the institution list the students chosen name. Commencing with the 202324 graduating class, an institution shall not require a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the students chosen name listed on the students diploma.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)For purposes of this section, public postsecondary educational institution or institution means a campus of the University of California, the California State University, or the California Community Colleges.
(b)(1)If a public postsecondary educational institution receives government-issued documentation, as described in subdivision (c), from a former student demonstrating that the former students legal name or gender has been changed, the institution shall update the former students records to include the updated legal name or gender. If requested by the former student, the institution shall reissue any documents conferred upon the former student with the former students updated legal name or gender. Documents that shall be reissued by the institution upon request include, but are not necessarily limited to, a transcript or a diploma conferred by the institution.
(2)An institution shall not charge a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally.
(c)The documentation of a former student sufficient to demonstrate a legal name or gender change includes, but is not necessarily limited to, any of the following:
(1)State-issued drivers license or identification card.
(2)Birth certificate.
(3)Passport.
(4)Social security card.
(5)Court order indicating a name change or a gender change, or both.
(d)This section does not require the institution to modify records that the former student has not requested for modification or reissuance.
(e)Commencing with the 202324 graduating class, an institution shall provide an option for a graduating student to request that the diploma to be conferred by the institution list the students chosen name. Commencing with the 202324 graduating class, an institution shall not require a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the students chosen name listed on the students diploma.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)For purposes of this section, public postsecondary educational institution or institution means a campus of the University of California, the California State University, or the California Community Colleges.
(b)If a public postsecondary educational institution receives government-issued documentation, as described in subdivision (c), from a former student demonstrating that the former students legal name or gender has been changed, the institution shall update the former students records to include the updated legal name or gender. If requested by the former student, the institution shall reissue any documents conferred upon the former student with the former students updated legal name or gender. Documents that shall be reissued by the institution upon request include, but are not necessarily limited to, a transcript or a diploma conferred by the institution.
(c)The documentation of a former student sufficient to demonstrate a legal name or gender change includes, but is not necessarily limited to, any of the following:
(1)State-issued drivers license. license or identification card.
(2)Birth certificate.
(3)Passport.
(4)Social security card.
(5)Court order indicating a name change or a gender change, or both.
(d)This section does not require the institution to modify records that the former student has not requested for modification or reissuance.
(e)Commencing with the 202324 graduating class, an institution shall provide an option for a graduating student to request that the diploma to be conferred by the institution list the students chosen name. Commencing with the 202324 graduating class, an institution shall not require a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the students chosen name listed on the students diploma.
(f)Notwithstanding Section 67400, this section shall apply to a campus of the University of California.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)For purposes of this section, public postsecondary educational institution or institution means a campus of the University of California, the California State University, or the California Community Colleges.
(b)If a public postsecondary educational institution receives government-issued documentation, as described in subdivision (c), from a former student demonstrating that the former students legal name or gender has been changed, the institution shall update the former students records to include the updated legal name or gender. If requested by the former student, the institution shall reissue any documents conferred upon the former student with the former students updated legal name or gender. Documents that shall be reissued by the institution upon request include, but are not necessarily limited to, a transcript or a diploma conferred by the institution.
(c)The documentation of a former student sufficient to demonstrate a legal name or gender change includes, but is not necessarily limited to, any of the following:
(1)State-issued drivers license.
(2)Birth certificate.
(3)Passport.
(4)Social security card.
(5)Court order indicating a name change or a gender change, or both.
(d)This section does not require the institution to modify records that the former student has not requested for modification or reissuance.
(e)Commencing with the 202324 graduating class, an institution shall provide an option for a graduating student to request that the diploma to be conferred by the institution list the students chosen name. Commencing with the 202324 graduating class, an institution shall not require a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the students chosen name listed on the students diploma.
(f)Notwithstanding Section 67400, this section shall apply to a campus of the University of California.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| Oct 6, 2021 | Chaptered by Secretary of State - Chapter 555, Statutes of 2021. |
| Oct 6, 2021 | Approved by the Governor. |
| Sep 2, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 30, 2021 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 1. Page 2560.). |
| Aug 26, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77. |
| Aug 23, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 8. Page 2091.). |
| Aug 16, 2021 | Read second time. Ordered to third reading. |
| Jul 15, 2021 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 8, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 30, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 1715.) (June 29). Re-referred to Com. on APPR. |
| Jun 22, 2021 | Read second time and amended. Re-referred to Com. on JUD. |
| Jun 21, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (June 16). |
| Jun 3, 2021 | Referred to Coms. on ED. and JUD. |
| May 25, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 24, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 2. Page 1530.) |
| Apr 15, 2021 | Read second time. Ordered to third reading. |
| Apr 14, 2021 | From committee: Do pass. (Ayes 12. Noes 0.) (April 14). |
| Mar 24, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (March 24). Re-referred to Com. on APPR. |
| Jan 28, 2021 | Referred to Com. on HIGHER ED. |
| Jan 14, 2021 | From printer. May be heard in committee February 13. |
| Jan 13, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 30, 2021 | AB 245 Chiu Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 23, 2021 | Assembly 3rd Reading AB245 Chiu et al. By Wiener | Senate Floor |
Passed |
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| May 24, 2021 | AB 245 Chiu Assembly Third Reading | Assembly Floor |
Passed |
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Bill Author
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