(1)The Donahoe Higher Education Act establishes the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, 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 requires, as provided, a campus of the University of California, the California State University, or the California Community Colleges to update a former students records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former students legal name or gender has been changed. Commencing with the 202324 graduating class, existing law prohibits an institution from requiring 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.

This bill, commencing with the 202324 graduating class, instead would prohibit an institution from requiring a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the students chosen name be the sole name listed on the students diploma. The bill would authorize an institution to use a students gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but would otherwise require the institution to identify the student in accordance with the students gender identity and affirmed name, as provided. To the extent that this requirement would impose a new duty on community colleges, the bill would impose a state-mandated local program.

(2)Existing law requires the governing board of each community college district to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law. Existing law, upon the request of an individual, requires a community college campus to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification, including, among other records, transcripts. Existing law prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

This bill would additionally require the Trustees of the California State University, and would request the Regents of the University of California, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification, as provided. The bill would, commencing with the 202425 academic year, require California State University campus systems, and would request University of California campus systems, to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.

The bill would, upon the request of an individual, require a California State University campus, and would request a University of California campus, to update certain records, and would make a related change. The bill would additionally prohibit a California State University campus from charging, and would request a University of California campus to not charge, a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. The bill would authorize a public postsecondary educational institution to use a students gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but would otherwise require the public postsecondary educational institution to identify the student in accordance with the students gender identity and affirmed name, as provided. To the extent that this requirement would impose a new duty on community colleges, the bill would impose a state-mandated local program.

(3)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.

(1)The Donahoe Higher Education Act establishes the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, 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 requires, as provided, a campus of the University of California, the California State University, or the California Community Colleges to update a former students records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former students legal name or gender has been changed. Commencing with the 202324 graduating class, existing law prohibits an institution from requiring 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.

This bill, commencing with the 202324 graduating class, instead would prohibit an institution from requiring a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the students chosen name be the sole name listed on the students diploma. The bill would authorize an institution to use a students gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but would otherwise require the institution to identify the student in accordance with the students gender identity and affirmed name, as provided. To the extent that this requirement would impose a new duty on community colleges, the bill would impose a state-mandated local program.

(2)Existing law requires the governing board of each community college district to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law. Existing law, upon the request of an individual, requires a community college campus to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification, including, among other records, transcripts. Existing law prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

This bill would additionally require the Trustees of the California State University, and would request the Regents of the University of California, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification, as provided. The bill would, commencing with the 202425 academic year, require California State University campus systems, and would request University of California campus systems, to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.

The bill would, upon the request of an individual, require a California State University campus, and would request a University of California campus, to update certain records, and would make a related change. The bill would additionally prohibit a California State University campus from charging, and would request a University of California campus to not charge, a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. The bill would authorize a public postsecondary educational institution to use a students gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but would otherwise require the public postsecondary educational institution to identify the student in accordance with the students gender identity and affirmed name, as provided. To the extent that this requirement would impose a new duty on community colleges, the bill would impose a state-mandated local program.

(3)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.

(1)The Donahoe Higher Education Act establishes the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, 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 requires, as provided, a campus of the University of California, the California State University, or the California Community Colleges to update a former students records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former students legal name or gender has been changed. Commencing with the 202324 graduating class, existing law prohibits an institution from requiring 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.

(2)Existing law requires the governing board of each community college district to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law. Existing law, upon the request of an individual, requires a community college campus to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification, including, among other records, transcripts. Existing law prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

This bill would additionally require the Trustees of the California State University, and would request the Regents of the University of California, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification, as provided. The bill would, commencing with the 202425 academic year, require California State University campus systems, and would request University of California campus systems, to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.

The bill would, upon the request of an individual, require a California State University campus, and would request a University of California campus, to update certain records, and would make a related change. The bill would additionally prohibit a California State University campus from charging, and would request a University of California campus to not charge, a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. The bill would authorize a public postsecondary educational institution to use a students gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but would otherwise require the public postsecondary educational institution to identify the student in accordance with the students gender identity and affirmed name, as provided. To the extent that this requirement would impose a new duty on community colleges, the bill would impose a state-mandated local program.

The Donahoe Higher Education Act establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, California, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as 2 of the 3 segments of public postsecondary education in this state. The Equity in Higher Education Act requires requires, as provided, a public postsecondary educational institution, including a campus of the University of California and the California State University, campus of the University of California, the California State University, or the California Community Colleges to update a former students records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former students legal name or gender has been changed.

Existing law requires the governing board of each community college district to implement a process system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law. Existing law, upon the request of an individual, requires a community college campus to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification, including, among other records, transcripts. Existing law prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

This bill would additionally require the Trustees of the California State University, and would request the Regents of the University of California, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification, as provided. The bill would, commencing with the 202425 academic year, require California State University campus systems, and would request University of California campus systems, to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.

The bill would, upon the request of an individual, require a California State University campus, and would request a University of California campus, to update certain records. records, and would make a related change. The bill would additionally prohibit a California State University campus from charging, and would request a University of California campus to not charge, a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

The Donahoe Higher Education Act establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as 2 of the segments of public postsecondary education in this state. The Equity in Higher Education Act requires a public postsecondary educational institution, including a campus of the University of California and the California State University, to update a former students records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former students legal name or gender has been changed.

Existing law requires the governing board of each community college district to implement a process by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law. Existing law prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

This bill would additionally require the Trustees of the California State University, and would request the Regents of the University of California, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification, as provided. The bill would, commencing with the 202425 academic year, require California State University campus systems, and would request University of California campus systems, to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.

The bill would, upon the request of an individual, require a California State University campus, and would request a University of California campus, to update certain records. The bill would prohibit a California State University campus from charging, and would request a University of California campus to not charge, a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 760

Author:(Wilson and Cervantes)

As Amended Ver:September 8, 2023

Majority vote

SUMMARY

Requires the California State University (CSU), and requests the University of California (UC), to implement a process whereby current students, staff, and faculty may request the updating of any records for that person to include the person's affirmed name, gender, or both name and gender identification.

Senate Amendments

1. Establishes that, except where specified, an institution may use a student's gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but otherwise shall identify the student in accordance with the student's gender identity and affirmed name.
2. Specifies that, commencing with the 2023–24 graduating class, an institution must provide an option for a graduating student to request that the diploma to be conferred by the institution list the student's chosen name. Commencing with the 2023–24 graduating class, an institution must not require a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student's chosen name be the sole name listed on the student's diploma.
3. Clarifies that both unofficial and official transcripts may be updated any for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification.
4. Establishes that, 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 as specified.

COMMENTS

What does it mean to identify as a transgender person or nonbinary person? According to GLAAD (formerly known as the Gay & Lesbian Alliance Against Defamation), "transgender (adj.) is an umbrella term for people whose gender identity and/or gender expression differs from what is typically associated with the sex they were assigned at birth. People under the transgender umbrella may describe themselves using one or more of a wide variety of terms - including transgender."

According to GLADD, "nonbinary is a word used by people who experience their gender identity and/or gender expression as falling outside the binary gender categories of 'man' and 'woman.' Many nonbinary people also call themselves transgender and consider themselves part of the transgender community. Others do not. Nonbinary is an umbrella term that encompasses many different ways to understand one's gender."

The implications of being "outed" or "deadnamed." Transgender and nonbinary-identifying CSU and UC students may wish to have their school-issued email addresses, campus ID cards, class rosters, and transcripts to reflect their current and preferred name and gender. The 2015 U.S. Transgender Survey – California State Report revealed 63% of transgender and gender nonconforming individuals did not have their chosen name or accurate gender on their identification.

Information listing the transgender-identifying former pupil's gender as assigned at birth and "deadname" (i.e., the birth-name or pre-gender transition name), could "out" a student's gender identity. Being outed by student records puts transgender-identifying former pupils at risk of bullying, discrimination, violence, and loss of employment opportunities, according to the National Center for Transgender Equity and the Transgender Law Center, Gay, Lesbian, & Straight Education Network (GLSEN), and Equality California.

Studies show that transgender people disproportionately face discrimination, harassment, and violence in areas of life, including; housing, education, employment, health care, and law enforcement. For example, a 2018 study by the Human Rights Campaign and the University of Connecticut reports that transgender and gender non-conforming individuals are about twice as likely to be sexually assaulted or raped compared to their cis-gender peers in the lesbian, gay, bisexual, queer, and questioning (LGBTQ) community. According to the National Center for Transgender Equity, more than one in four transgender people have lost a job to trans-bias. Transgender individuals are also subject to refusal to hire, privacy violations and violence on the job at significantly higher rates relative to their cis-gender peers.

According to the Author

According to the author, "as a mother of a transgender child, I am deeply committed to ensuring the safety, inclusivity, and mental health of all transgender people. A chosen and affirmed name helps transgender or non-binary individuals feel comfortable by being referred to by a name that is more representative of their gender identity. The use of a student's name assigned at birth rather than their chosen or affirmed name is termed 'deadnaming.' Specifically for transgender and non-binary individuals, being deadnamed by incorrect student records can lead to unwanted outing, bullying, discrimination, violence, and loss of employment opportunities in the future. AB 760 would require the California State University and University of California systems to implement a process by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law."

Arguments in Support

The Lieutenant Governor of California, the Honorable Elani Kounalakis, wrote in support, noting that, "currently, most colleges do not provide an option for transgender and nonbinary students, faculty, and staff whose chosen name is different from their legal name to have their chosen name and pronouns reflected in their school records. This ultimately leaves people at risk of being deadnamed (referred to by the name they were assigned at birth rather than by their affirmed or chosen name). Being deadnamed puts people at risk of discrimination or harm. AB 760 will help to support current students, staff, or faculty members who wish to use an affirmed name and gender identification – an essential step towards fostering a campus environment that is inclusive and supportive."

The California Teachers Association (CTA) also wrote in support of AB 760 (Wilson), writing that "CTA believes all persons, regardless of actual or perceived gender, sexual orientation, or gender identity and expression, should be afforded equal opportunity within the public education system. This common-sense bill is a crucial step in creating an inclusive and safe environment for all; it allows individuals to use their preferred name and gender on campus, which can be an important part of self-expression and identity. It also allows them to be addressed, referred to, and treated in a way that is consistent with their affirmed identity. Additionally, a system like this could help to reduce potential confusion or misunderstandings due to mismatched personal and legal names, gender pronouns, and gender-based discrimination. Finally, having an affirmed name and gender system allows institutions to show their commitment to creating a welcoming and supportive campus for all."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Minor and absorbable General Fund costs to CSU's 23 campuses to comply with the provisions of this bill.
2. Minor and absorbable General Fund costs to UC's ten campuses to comply with the provisions of this bill.

VOTES:

ASM HIGHER EDUCATION: 10-0-2

YES: Mike Fong, Addis, Arambula, Gabriel, Irwin, Low, Ortega, Santiago, Wallis, Weber

ABS, ABST OR NV: Ta, Sanchez

ASM APPROPRIATIONS: 13-1-2

YES: Holden, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Robert Rivas, Weber, Wilson

NO: Mathis

ABS, ABST OR NV: Megan Dahle, Sanchez

ASSEMBLY FLOOR: 58-0-22

YES: Addis, Aguiar-Curry, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Wendy Carrillo, Chen, Connolly, Dixon, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Pellerin, Petrie‑Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Alanis, Arambula, Juan Carrillo, Cervantes, Megan Dahle, Davies, Essayli, Flora, Vince Fong, Gallagher, Hart, Hoover, Lackey, Lee, Mathis, McCarty, Ortega, Jim Patterson, Joe Patterson, Sanchez, Ta, Ward

SENATE FLOOR: 31-1-8

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Jones

ABS, ABST OR NV: Caballero, Dahle, Grove, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

UPDATED

VERSION: September 8, 2023

CONSULTANT: Kevin Powers / HIGHER ED. / (916) 319-3960 FN: 0002377

 THIRD READING  

Bill No: AB 760

Author: Wilson (D) and Cervantes (D), et al.

Amended: 9/8/23 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 5-0, 6/7/23

AYES: Newman, Cortese, Glazer, McGuire, Smallwood-Cuevas

NO VOTE RECORDED: Ochoa Bogh, Wilk

SENATE JUDICIARY COMMITTEE: 9-0, 6/20/23

AYES: Umberg, Allen, Ashby, Caballero, Durazo, Laird, Min, Stern, Wiener

NO VOTE RECORDED: Wilk, Niello

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 58-0, 5/8/23 - See last page for vote

SUBJECT: Public postsecondary education: affirmed name and gender identification

SOURCE: Author

DIGEST:

This bill requires the California State University (CSU), and requests the University of California (UC), to implement a process whereby current students, staff, and faculty may request the updating of any records for that person to include the person’s affirmed name, gender, or both name and gender identification.

Senate Floor Amendments of 9/8/23 (1) specifically authorize an institution to use a student’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but otherwise must identify the student in accordance with the student’s gender identity and affirmed name, as specified; and, (2) clarify that the transcripts to be updated include official and unofficial transcripts.

ANALYSIS:

Existing law:

1. Establishes, through the Donahoe Higher Education Act, the California Community Colleges (CCC) under the administration of the Board of Governors as one of the segments of public postsecondary education. (Education Code (EC) § 70900)
2. Requires, as part of the Equity in Higher Education Act, a public postsecondary educational institution (including a campus of the CCC) to update a former student’s records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former student’s legal name or gender has been changed. (EC § 66271.4)
3. Requires a public postsecondary educational institution, beginning with the 2023–24 graduating class, to provide an option for a graduating student to request that the diploma to be conferred by the institution to list the student’s chosen name. Existing law prohibits an institution from requiring a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student’s chosen name listed on the student’s diploma. (EC § 66271.4)
4. Requires the governing board of each community college district to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.
5. Requires a community college campus, upon the request of an individual, to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. The records that shall be updated include, but are not limited to, all of the following:
   1. School-issued email addresses.
   2. Campus identification cards.
   3. Class rosters.
   4. Transcripts.
   5. Diplomas, certificates of completion of courses, or similar records.
6. Requires, beginning with the 2023–24 academic year, community college campus systems to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.
7. Prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. (EC § 66271.41)

This bill requires the CSU, and requests the UC, to implement a process whereby current students, staff, and faculty may request the updating of any records for that person to include the person’s affirmed name, gender, or both name and gender identification. Specifically, this bill:

1. Requires the Trustees of the CSU, and requests the Regents of the UC, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.
2. Requires a CSU campus, and requests a UC campus, upon the request of an individual, to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. The records that shall be updated include, but are not limited to, all of the following:
   1. School-issued email addresses.
   2. Campus identification cards.
   3. Class rosters.
   4. Unofficial and official transcripts.
   5. Diplomas, certificates of completion of courses, or similar records.
3. Requires CSU campus systems, and requests UC campus systems, beginning with the 2024–25 academic year, to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.
4. Prohibits a CSU campus from charging, and requests a UC campus not charge, a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.
5. Authorizes a public postsecondary educational institution to use a student’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but otherwise must identify the student in accordance with the student’s gender identity and affirmed name.
6. Modifies existing provisions relative to legal documentation sufficient to demonstrate a legal name or gender change in order to have a graduating student’s chosen name listed on the student’s diploma to clarify the chosen name is to be the sole name listed on the student’s diploma.

Comments

1. Need for the bill. According to the author, “As a mother of a transgender child, I am deeply committed to ensuring the safety, inclusivity, and mental health of all transgender people. A chosen and affirmed name helps transgender or non-binary individuals feel comfortable by being referred to by a name that is more representative of their gender identity. The use of a student's name assigned at birth rather than their chosen or affirmed name is termed 'deadnaming.' Specifically for transgender and non-binary individuals, being deadnamed by incorrect student records can lead to unwanted outing, bullying, discrimination, violence, and loss of employment opportunities in the future. AB 760 would require the California State University and University of California systems to implement a process by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law.”
2. Extends to current CSU and UC students, staff and faculty. Provisions in existing law relating to updating records specifically relate to former CSU/UC students and diplomas for graduating students. Further, existing law requires CCCs to update records of current students, staff, and faculty. This bill essentially extends those provisions to current students, staff, and faculty at CSU and UC (if the Regents of UC choose to implement this requirement).

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 9/8/23)

Office of Lieutenant Governor Eleni Kounalakis

American Federation of State, County and Municipal Employees

California Faculty Association

California Teachers Association

National Association of Social Workers, California Chapter

OPPOSITION: (Verified 9/8/23)

None received

ASSEMBLY FLOOR: 58-0, 5/8/23

AYES: Addis, Aguiar-Curry, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Wendy Carrillo, Chen, Connolly, Dixon, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Alanis, Arambula, Juan Carrillo, Cervantes, Megan Dahle, Davies, Essayli, Flora, Vince Fong, Gallagher, Hart, Hoover, Lackey, Lee, Mathis, McCarty, Ortega, Jim Patterson, Joe Patterson, Sanchez, Ta, Ward

Prepared by: Lynn Lorber / ED. / (916) 651-4105

9/11/23 12:48:35

**** END ****

 THIRD READING  

Bill No: AB 760

Author: Wilson (D) and Cervantes (D), et al.

Amended: 6/12/23 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 5-0, 6/7/23

AYES: Newman, Cortese, Glazer, McGuire, Smallwood-Cuevas

NO VOTE RECORDED: Ochoa Bogh, Wilk

SENATE JUDICIARY COMMITTEE: 9-0, 6/20/23

AYES: Umberg, Allen, Ashby, Caballero, Durazo, Laird, Min, Stern, Wiener

NO VOTE RECORDED: Wilk, Niello

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 58-0, 5/8/23 - See last page for vote

SUBJECT: California State University and University of California: records: affirmed name and gender identification

SOURCE: Author

DIGEST:

This bill requires the California State University (CSU), and requests the University of California (UC), to implement a process whereby current students, staff, and faculty may request the updating of any records for that person to include the person’s affirmed name, gender, or both name and gender identification.

ANALYSIS:

Existing law:

1. Establishes, through the Donahoe Higher Education Act, the California Community Colleges (CCC) under the administration of the Board of Governors as one of the segments of public postsecondary education. (Education Code (EC) § 70900)
   
2. Requires, as part of the Equity in Higher Education Act, a public postsecondary educational institution (including a campus of the CCC) to update a former student’s records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former student’s legal name or gender has been changed. (EC § 66271.4)
   
3. Requires a public postsecondary educational institution, beginning with the 2023–24 graduating class, to provide an option for a graduating student to request that the diploma to be conferred by the institution to list the student’s chosen name. Existing law prohibits an institution from requiring a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student’s chosen name listed on the student’s diploma. (EC § 66271.4)
   
4. Requires the governing board of each community college district to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.
   
5. Requires a community college campus, upon the request of an individual, to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. The records that shall be updated include, but are not limited to, all of the following:
   
   1. School-issued email addresses.
   2. Campus identification cards.
   3. Class rosters.
   4. Transcripts.
   5. Diplomas, certificates of completion of courses, or similar records.
      
6. Requires, beginning with the 2023–24 academic year, community college campus systems to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.
   
7. Prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. (EC § 66271.41)

This bill requires the CSU, and requests the UC, to implement a process whereby current students, staff, and faculty may request the updating of any records for that person to include the person’s affirmed name, gender, or both name and gender identification. Specifically, this bill:

1. Requires the Trustees of the CSU, and requests the Regents of the UC, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.
   
2. Requires a CSU campus, and requests a UC campus, upon the request of an individual, to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. The records that shall be updated include, but are not limited to, all of the following:
   
   1. School-issued email addresses.
   2. Campus identification cards.
   3. Class rosters.
   4. Unofficial transcripts.
   5. Diplomas, certificates of completion of courses, or similar records.
      
3. Requires CSU campus systems, and requests UC campus systems, beginning with the 2024–25 academic year, to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.
   
4. Prohibits a CSU campus from charging, and requests a UC campus not charge, a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

Comments

1. Need for the bill. According to the author, “As a mother of a transgender child, I am deeply committed to ensuring the safety, inclusivity, and mental health of all transgender people. A chosen and affirmed name helps transgender or non-binary individuals feel comfortable by being referred to by a name that is more representative of their gender identity. The use of a student's name assigned at birth rather than their chosen or affirmed name is termed 'deadnaming.' Specifically for transgender and non-binary individuals, being deadnamed by incorrect student records can lead to unwanted outing, bullying, discrimination, violence, and loss of employment opportunities in the future. AB 760 would require the California State University and University of California systems to implement a process by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law.”
   
2. Extends to current CSU and UC students, staff and faculty. Provisions in existing law relating to updating records specifically relate to former CSU/UC students and diplomas for graduating students. Further, existing law requires CCCs to update records of current students, staff, and faculty. This bill essentially extends those provisions to current students, staff, and faculty at CSU and UC (if the Regents of UC choose to implement this requirement).

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 7/3/23)

Office of Lieutenant Governor Eleni Kounalakis

American Federation of State, County and Municipal Employees
California Faculty Association
California Teachers Association
National Association of Social Workers, California Chapter

OPPOSITION: (Verified 7/3/23)

None received

ASSEMBLY FLOOR: 58-0, 5/8/23

AYES: Addis, Aguiar-Curry, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Wendy Carrillo, Chen, Connolly, Dixon, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Alanis, Arambula, Juan Carrillo, Cervantes, Megan Dahle, Davies, Essayli, Flora, Vince Fong, Gallagher, Hart, Hoover, Lackey, Lee, Mathis, McCarty, Ortega, Jim Patterson, Joe Patterson, Sanchez, Ta, Ward

Prepared by: Lynn Lorber / ED. / (916) 651-4105

7/5/23 14:55:52

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 760 (Author:Wilson)

Version: June 12, 2023

Hearing Date: June 20, 2023

Fiscal: Yes

Urgency: No

Consultant: CK

SUBJECT

Public postsecondary education: records: affirmed name and gender identification

DIGEST

This bill requires the Trustees of the California State University to implement a system for allowing students, staff, and faculty to declare an affirmed name and gender to be used in their records and other documents, as provided. It requests the same of the Regents of the University of California.

EXECUTIVE SUMMARY

An affirmed name is the name a person uses that represents (affirms in a positive way) who they are and how they wish to be referred to and identified. Whereas, legal name is the name that is reflected in legal documents, such as birth certificates, social security card, passport, driver’s license and other such documents controlled by local, state, or federal agencies. Not everyone who has an affirmed name can change their legal name to their affirmed name. While California currently provides processes for Californians to change their legal name to match their affirmed name, there are limitations. The importance of ensuring institutions do not erect barriers to allowing persons to use their affirmed names cannot be understated, and has very real effects on people’s mental health and physical safety and wellbeing.

This bill expands an existing law that requires California community colleges to implement a system that enables current students, staff, and faculty to declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law. The bill applies these obligations to the California State University system and requests the University of California system to also comply. This bill is author sponsored. It is supported by the National Association of Social Workers, California Chapter. There is no known opposition. This bill passed out of the Senate Education Committee on a 5 to 0 vote.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Requires a public postsecondary educational institution, including a campus of the University of California, the California State University, or the California Community Colleges, to update a former student’s records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former student’s legal name or gender has been changed. (Educ. Code § 66271.4(b).)
2. Requires, commencing with the 2023–24 graduating class, these institutions to provide an option for a graduating student to request that the diploma to be conferred by the institution list the student’s chosen name, regardless of whether there is documentation of a legal name or gender change. (Educ. Code § 66271.4(e).)
3. Requires the governing board of each community college district to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both to be used in records where legal names are not required by law. (Educ. Code § 66271.41(a) (Section 66271.41).)
4. Requires a community college campus to update, upon the request of an individual, any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. This includes, but is not limited to, school-issued email addresses, campus identification cards, class rosters, diplomas, and transcripts. (§ 66271.41(b).)
5. Requires, commencing with the 2023–24 academic year, community college campus systems to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification. (§ 66271.41(c).)
6. Prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. (§ 66271.41(d).)

This bill places the same obligations imposed by Section 66271.41 on the Trustees of the California State University and requests the Regents of the University of California to also comply. It changes the statute to apply to only unofficial transcripts, rather than any transcripts.

COMMENTS

• • • 1. Respecting the integrity and identity of students

Over the past decade, the struggles of the transgender and gender nonconforming communities have become part of the American zeitgeist, particularly as various media have explored the institutional challenges facing these communities. In order to live safe, full, and authentic lives, it is essential that transgender and gender nonconforming people have access to identity documents that accurately reflect their true name, gender identity, and gender expression. The ability to change one’s documentation or status can have a significant impact on all other aspects of a person’s life including employment, marriage, and inheritance rights. A National Transgender Discrimination Survey found that 90 percent of transgender people experienced mistreatment or discrimination at work or took actions to avoid such discrimination.^[1] Nearly 47 percent of those surveyed lost their jobs, were denied a promotion, or were denied a job as a direct result of discrimination because they were transgender.

The importance of affirming a person’s new name cannot be understated:

A new name can represent a more affirming life for some transgender or gender nonconforming (someone who doesn’t follow gender stereotypes) people. It’s a fresh start and it gives them a way to finally live in their truth. But when people refuse to acknowledge a person’s new name or continue to use their old name, it can be quite invalidating or traumatic.^[2]

Although the term is not universally accepted, this failure or refusal to acknowledge a person’s new name is sometimes referred to as “deadnaming”:

A transgender person may decide to no longer use their birth or legal name. Instead, they’ll choose a name that better aligns with their identity. When someone uses their old name after being asked not to, that is what we call ‘deadnaming.’ The person who they once were is dead, but the new person is alive, so their current name should be used.”^[3]

The quantitative data emphasizes the importance of using people’s affirmed names:

In one of the largest and most diverse studies of transgender youths to date, researchers led by a team at The University of Texas at Austin have found that when transgender youths are allowed to use their chosen name in places such as work, school and at home, their risk of depression and suicide drops.

“Many kids who are transgender have chosen a name that is different than the one that they were given at birth,” said author Stephen T. Russell, professor and chair of human development and family science. “We showed that the more contexts or settings where they were able to use their preferred name, the stronger their mental health was.” . . .

Because many names are common to one gender, allowing transgender youths to use a chosen name is one simple step that institutions such as schools, hospitals, financial institutions, workplaces and community organizations can use to help young people affirm their gender identity, Russell said.

“It’s practical to support young people in using the name that they choose,” Russell said. “It’s respectful and developmentally appropriate.”^[4]

• • • 1. Legislative efforts to address these issues

In recent years, the Legislature has addressed the hurdles faced by the transgender and non-binary communities. To address the barriers faced by these individuals who are going through the court process for name changes, AB 1121 (Atkins, Ch. 651, Stats. 2013) was introduced and enacted into law. It required courts to grant petitions for a change of name sought to conform an individual’s name to the individual’s gender identity without a hearing if no timely objection is made. In 2017, SB 179 (Atkins, Ch. 853, Stats. 2017) streamlined these processes even further and updated the required documentation to reflect an evolved understanding of gender identity.

Last session, AB 218 (Ward, Ch. 577, Stats. 2021) took the next step in providing more inclusive processes for the transgender and gender nonconforming communities. That bill extended the existing framework for petitioners changing their names and/or genders on their own birth certificates to further update their marriage licenses and certificates and the birth certificates of their children. It also extended eligibility for certain processes to persons not born or residing within the state and recognizes orders in foreign jurisdictions for purposes of sufficient documentation.

However, such processes are not accessible to all:

Some transgender people are able to obtain a legal name change from a court. However, many transgender people cannot afford a legal name change or are not yet old enough to legally change their name. They should be afforded the same respect for their chosen name as anyone else who uses a name other than their birth name.^[5]

California law establishes a procedure by which kindergarten through grade 12 students can obtain corrected documents from their school, when the request is accompanied by specified government-issued documentation.^[6] AB 245 (Chiu, Ch. 555, Stats. 2021) expanded these processes for some students. It required campuses of the University of California, the California State University, and California Community Colleges to provide an option for a former student to request that their records be updated, and reissued, to reflect a legal name or gender change, when in receipt of specified legal documentation. Commencing with the 2023–24 graduating class, these institutions are also required to provide an option for a graduating student to request that the diploma to be conferred by the institution list the student’s chosen name, regardless of whether there is documentation of a legal name or gender change.

• • • 1. Taking the next step

Last year, AB 2315 (Arambula, Ch. 932, Stats. 2022) extended this area of the law by requiring community colleges in California to implement a system that enables current students, staff, and faculty to declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law. Commencing with the 2023–24 academic year, these campuses are required to be fully capable of allowing a student, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.

Additionally, these campuses must update, upon request, records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. The records that must be updated include:

• school-issued email addresses;
• campus identification cards;
• diplomas, certificates of completion, and similar records;
• class rosters; and
• transcripts.

This bill extends these obligations to the Trustees of the California State University and requests the Regents of the University of California to do the same.

According to the author:

As a mother of a transgender child, I am deeply committed to ensuring the safety, inclusivity, and mental health of all transgender people. A chosen and affirmed name helps transgender or non-binary individuals feel comfortable by being referred to by a name that is more representative of their gender identity. The use of a student’s name assigned at birth rather than their chosen or affirmed name is termed ‘deadnaming.’ Specifically for transgender and non-binary individuals, being deadnamed by incorrect student records can lead to unwanted outing, bullying, discrimination, violence, and loss of employment opportunities in the future. AB 760 would require the California State University and University of California systems to implement a process by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law.

The National Association of Social Workers – California Chapter writes in support:

This bill [reflects] a basic right for nonbinary people. Being able to use a preferred name, gender or both in college records is essential for the well-being and mental health of these individuals. In addition, this change is a public safety issue because it could help prevent harassment and it is also a way to protect someone being “outed” or discriminated against because of their status as a nonbinary and/or transgender individual.

College is a place where many young people may first embrace their gender identity. It is crucial that they will be given the right to update their official records.

SUPPORT

ACLU California Action

AFSCME

California Faculty Association

California Legislative Women’s Caucus

California Teachers Association

National Association of Social Workers, California Chapter

Office of Lieutenant Governor Eleni Kounalakis

OPPOSITION

None known

RELATED LEGISLATION

Pending Legislation: AB 1720 (Bauer-Kahan, 2023) removes gendered terms from various provisions of the California Education Code, particularly as it relates to the State Department of Education. AB 1720 is currently in this Committee.

Prior Legislation:

AB 421 (Ward, Ch. 40, Stats. 2022) updated procedures for changing gender and sex identifiers on official documents and addressed internal inconsistencies from previous legislation.

AB 2315 (Arambula, Ch. 932, Stats. 2022) See Comment 3.

AB 218 (Ward, Ch. 577, Stats. 2021) See Comment 2.

AB 245 (Chiu, Ch. 555, Stats. 2021) See Comment 2.

SB 179 (Atkins, Ch. 853, Stats. 2017) See Comment 2.

AB 1121 (Atkins, Ch. 651, Stats. 2013) See Comment 2.

PRIOR VOTES:

Senate Education Committee (Ayes 5, Noes 0)

Assembly Floor (Ayes 58, Noes 0)

Assembly Appropriations Committee (Ayes 13, Noes 1)

Assembly Higher Education Committee (Ayes 10, Noes 0)

**************

1. Jaime M. Grant et al., Injustice at Every Turn: A Report of the National Transgender Discrimination Survey (2011) National Center for Transgender Equality and National Gay and Lesbian Task Force, https://transequality.org/sites/default/files/docs/resources/NTDS_Report.pdf. All internet citations are current as of June 5, 2023. ↑

2. Why Deadnaming Is Harmful (November 18, 2021) Cleveland Clinic, https://health.clevelandclinic.org/deadnaming/. ↑

3. Ibid. ↑

4. Using Chosen Names Reduces Odds of Depression and Suicide in Transgender Youths (March 30, 2018) UT News, https://news.utexas.edu/2018/03/30/name-use-matters-for-transgender-youths-mental-health/. ↑

5. GLAAD Media Reference Guide, GLAAD, https://www.glaad.org/reference/transgender. ↑

6. Ed. Code, § 49062.5. ↑

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: June 7, 2023

Subject: .

NOTE: This bill has been referred to the Committees on Education and Judiciary. A "do pass" motion should include referral to the Committee on Judiciary.

SUMMARY

This bill requires the California State University (CSU), and requests the University of California (UC), to implement a process whereby current students, staff, and faculty may request the updating of any records for that person to include the person’s affirmed name, gender, or both name and gender identification.

BACKGROUND

Existing law:

1. Establishes, through the Donahoe Higher Education Act, the California Community Colleges (CCC) under the administration of the Board of Governors as one of the segments of public postsecondary education. (Education Code (EC) § 70900)
   
2. Requires, as part of the Equity in Higher Education Act, a public postsecondary educational institution (including a campus of the CCC) to update a former student’s records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former student’s legal name or gender has been changed. (EC § 66271.4)
   
3. Requires a public postsecondary educational institution, beginning with the 2023–24 graduating class, to provide an option for a graduating student to request that the diploma to be conferred by the institution to list the student’s chosen name. Existing law prohibits an institution from requiring a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student’s chosen name listed on the student’s diploma. (EC § 66271.4)
   
4. Requires the governing board of each community college district to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.
   
5. Requires a community college campus, upon the request of an individual, to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. The records that shall be updated include, but are not limited to, all of the following:
   
   1. School-issued email addresses.
      
   2. Campus identification cards.
      
   3. Class rosters.
      
   4. Transcripts.
      
   5. Diplomas, certificates of completion of courses, or similar records.
      
6. Requires, beginning with the 2023–24 academic year, community college campus systems to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.
   
7. Prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. (EC § 66271.41)

ANALYSIS

This bill requires the CSU, and requests the UC, to implement a process whereby current students, staff, and faculty may request the updating of any records for that person to include the person’s affirmed name, gender, or both name and gender identification. Specifically, this bill:

1. Requires the Trustees of the CSU, and requests the Regents of the UC, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.
   
2. Requires a CSU campus, and requests a UC campus, upon the request of an individual, to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. The records that shall be updated include, but are not limited to, all of the following:
   
   1. School-issued email addresses.
      
   2. Campus identification cards.
      
   3. Class rosters.
      
   4. Transcripts.
      
   5. Diplomas, certificates of completion of courses, or similar records.
      
3. Requires CSU campus systems, and requests UC campus systems, beginning with the 2024–25 academic year, to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.
   
4. Prohibits a CSU campus from charging, and requests a UC campus not charge, a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

STAFF COMMENTS

1. Need for the bill. According to the author, “As a mother of a transgender child, I am deeply committed to ensuring the safety, inclusivity, and mental health of all transgender people. A chosen and affirmed name helps transgender or non-binary individuals feel comfortable by being referred to by a name that is more representative of their gender identity. The use of a student's name assigned at birth rather than their chosen or affirmed name is termed 'deadnaming.' Specifically for transgender and non-binary individuals, being deadnamed by incorrect student records can lead to unwanted outing, bullying, discrimination, violence, and loss of employment opportunities in the future. AB 760 would require the California State University and University of California systems to implement a process by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law.”
   
2. Extends to current CSU and UC students, staff and faculty. Provisions in existing law relating to updating records specifically relate to former CSU/UC students and diplomas for graduating students. Further, existing law requires CCCs to update records of current students, staff, and faculty. This bill essentially extends those provisions to current students, staff, and faculty at CSU and UC (if the Regents of UC chose to implement this requirement).
   
3. Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose the following costs:
   
   1. Minor and absorbable General Fund costs to CSU's 23 campuses to comply with the provisions of this bill.
      
   2. Minor and absorbable General Fund costs to UC's ten campuses to comply with the provisions of this bill

SUPPORT

Office of Lieutenant Governor Eleni Kounalakis

American Federation of State, County and Municipal Employees, AFL-CIO
California Teachers Association
National Association of Social Workers, California Chapter

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 760

Author:(Wilson and Cervantes)

As Introduced Ver:February 13, 2023

Majority vote

SUMMARY

Requires the Trustees of the California State University (CSU), and requests the Regents of the University of California (UC), to implement a process by which students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law.

Major Provisions

1. Requires Trustees of the CSU, and requests the Regents of the UC, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.
2. Specifies that, upon the request of an individual, a CSU campus will, and a UC campus is requested to, update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. The records that will be updated include, at a minimum, all of the following:
   1. School-issued email addresses;
   2. Campus identification cards (ID);
   3. Class rosters;
   4. Transcripts; and,
   5. Diplomas, as specified, certificates of completion of courses, or similar records.
3. Commencing with the 2024–25 academic year, CSU campus systems shall, and UC campus systems are requested to, be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.
4. Specifies that a CSU campus will not, and a UC campus is requested not to, charge a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

COMMENTS

What does it mean to identify as a transgender person or nonbinary person? According to GLAAD (formerly known as the Gay & Lesbian Alliance Against Defamation), "transgender (adj.) is an umbrella term for people whose gender identity and/or gender expression differs from what is typically associated with the sex they were assigned at birth. People under the transgender umbrella may describe themselves using one or more of a wide variety of terms - including transgender."

According to GLADD, "nonbinary is a word used by people who experience their gender identity and/or gender expression as falling outside the binary gender categories of 'man' and 'woman.' Many nonbinary people also call themselves transgender and consider themselves part of the transgender community. Others do not. Nonbinary is an umbrella term that encompasses many different ways to understand one's gender."

The implications of being "outed" or "deadnamed." Transgender and nonbinary-identifying CSU and UC students may wish to have their school-issued email addresses, campus ID cards, class rosters, and transcripts to reflect their current and preferred name and gender. The 2015 United States Transgender Survey – California State Report revealed 63% of transgender and gender nonconforming individuals did not have their chosen name or accurate gender on their identification.

Information listing the transgender-identifying former pupil's gender as assigned at birth and "deadname" (i.e., the birth-name or pre-gender transition name), could "out" a student's gender identity. Being outed by student records puts transgender-identifying former pupils at risk of bullying, discrimination, violence, and loss of employment opportunities, according to the National Center for Transgender Equity and the Transgender Law Center, Gay, Lesbian, & Straight Education Network (GLSEN), and Equality California.

Studies show that transgender people disproportionately face discrimination, harassment, and violence in areas of life, including; housing, education, employment, health care, and law enforcement. For example, a 2018 study by the Human Rights Campaign and the University of Connecticut reports that transgender and gender non-conforming individuals are about twice as likely to be sexually assaulted or raped compared to their cis-gender peers in the lesbian, gay, bisexual, queer, and questioning (LGBTQ) community. According to the National Center for Transgender Equity, more than one in four transgender people have lost a job to trans-bias. Transgender individuals are also subject to refusal to hire, privacy violations and violence on the job at significantly higher rates relative to their cis-gender peers.

According to the Author

According to the author, "as a mother of a transgender child, I am deeply committed to ensuring the safety, inclusivity, and mental health of all transgender people. A chosen and affirmed name helps transgender or non-binary individuals feel comfortable by being referred to by a name that is more representative of their gender identity. The use of a student's name assigned at birth rather than their chosen or affirmed name is termed 'deadnaming.' Specifically for transgender and non-binary individuals, being deadnamed by incorrect student records can lead to unwanted outing, bullying, discrimination, violence, and loss of employment opportunities in the future. AB 760 would require the California State University and University of California systems to implement a process by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law."

Arguments in Support

The Lieutenant Governor of California, the Honorable Elani Kounalakis, wrote in support, noting that, "currently, most colleges do not provide an option for transgender and nonbinary students, faculty, and staff whose chosen name is different from their legal name to have their chosen name and pronouns reflected in their school records. This ultimately leaves people at risk of being deadnamed (referred to by the name they were assigned at birth rather than by their affirmed or chosen name). Being deadnamed puts people at risk of discrimination or harm. AB 760 will help to support current students, staff, or faculty members who wish to use an affirmed name and gender identification – an essential step towards fostering a campus environment that is inclusive and supportive."

The California Teachers Association (CTA) also wrote in support of this bill writing that "CTA believes all persons, regardless of actual or perceived gender, sexual orientation, or gender identity and expression, should be afforded equal opportunity within the public education system. This common-sense bill is a crucial step in creating an inclusive and safe environment for all; it allows individuals to use their preferred name and gender on campus, which can be an important part of self-expression and identity. It also allows them to be addressed, referred to, and treated in a way that is consistent with their affirmed identity. Additionally, a system like this could help to reduce potential confusion or misunderstandings due to mismatched personal and legal names, gender pronouns, and gender-based discrimination. Finally, having an affirmed name and gender system allows institutions to show their commitment to creating a welcoming and supportive campus for all."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Appropriation Assembly Committee:

1. Minor and absorbable General Fund costs to CSU's 23 campuses to comply with the provisions of this bill.
2. Minor and absorbable General Fund costs to UC's ten campuses to comply with the provisions of this bill.

VOTES

ASM HIGHER EDUCATION: 10-0-2

YES: Mike Fong, Addis, Arambula, Gabriel, Irwin, Low, Ortega, Santiago, Wallis, Weber

ABS, ABST OR NV: Ta, Sanchez

ASM APPROPRIATIONS: 13-1-2

YES: Holden, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Robert Rivas, Weber, Wilson

NO: Mathis

ABS, ABST OR NV: Megan Dahle, Sanchez

UPDATED

VERSION: February 13, 2023

CONSULTANT: Kevin J Powers / HIGHER ED. / (916) 319-3960 FN: 0000261

Date of Hearing: April 26, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 760

Author:(Wilson) – As Introduced Ver:February 13, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California State University (CSU), and requests the University of California (UC), to be fully capable by the 2024-25 academic year of allowing current students, staff, and faculty to declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.

The bill also, upon the request of an individual, requires a CSU campus, and requests a UC campus, to update certain documents and records to reflect an affirmed name, gender, or both name and gender identification. These documents and records include campus identification cards, transcripts, and diplomas. Lastly, the bill prohibits CSU from charging, and requests UC not charge, a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

FISCAL EFFECT:

1. Minor and absorbable General Fund costs to CSU’s 23 campuses to comply with the provisions of this bill.
2. Minor and absorbable General Fund costs to UC’s ten campuses to comply with the provisions of this bill.

COMMENTS:

1. Purpose. According to a supporter of the bill:

The Lieutenant Governor of California, the Honorable Elani Kounalakis, wrote in support, noting that, “currently, most colleges do not provide an option for transgender and nonbinary students, faculty, and staff whose chosen name is different from their legal name to have their chosen name and pronouns reflected in their school records. This ultimately leaves people at risk of being deadnamed (referred to by the name they were assigned at birth rather than by their affirmed or chosen name). Being deadnamed puts people at risk of discrimination or harm. AB 760 will help to support current students, staff, or faculty members who wish to use an affirmed name and gender identification – an essential step towards fostering a campus environment that is inclusive and supportive.

1. Background. AB 2315 (Arambula), Chapter 932, Statutes of 2022, requires the California Community Colleges (CCCs) to comply with the provisions of this bill. That is, CCCs already must allow current students, staff, and faculty to declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law. CCCs also are prohibited from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

This bill applies these requirements to California’s other two public higher education segments, CSU and UC.

1. Prior Legislation. AB 245 (Chiu), Chapter 555, Statutes of 2021, required CSU and CCC, and requested UC, to update a former student's records to include the student's updated legal name or gender if the institution receives government-issued documentation from the student demonstrating that the former student's legal name or gender has been changed.

AB 711 (Chiu), Chapter 179, Statutes of 2019, required a local educational agency to update and reissue a former pupil's records if it receives government-issued documentation that a former pupil's legal name and/or gender has been changed.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 11, 2023

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Mike Fong, Chair

ABPCA Bill Id:AB 760 (

Author:Wilson) – As Introduced Ver:February 13, 2023

SUBJECT: California State University and University of California: records: affirmed name and gender identification

SUMMARY: Requires the Trustees of the California State University (CSU), and requests the Regents of the University of California (UC), to implement a process by which students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law. Specifically, this bill:

1) Requires Trustees of the CSU, and requests the Regents of the UC, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.

2) Specifies that, upon the request of an individual, a CSU campus will, and a UC campus is requested to, update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. The records that will be updated include, at a minimum, all of the following:

a) School-issued email addresses;

b) Campus identification cards (ID);

c) Class rosters;

d) Transcripts; and,

e) Diplomas, as specified, certificates of completion of courses, or similar records.

3) Commencing with the 2024–25 academic year, CSU campus systems shall, and UC campus systems are requested to, be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.

4) Specifies that a CSU campus will not, and a UC campus is requested not to, charge a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally.

EXISTING LAW:

1. The Donahoe Higher Education Act establishes the California Community Colleges (CCC), under the administration of the Board of Governors (BOG) of the CCC, as one of the segments of public postsecondary education in this state. (Education Code (EDC) Section 70900)
2. The Equity in Higher Education Act requires a public postsecondary educational institution, including a campus of the CCC, to update a former student’s records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former student’s legal name or gender has been changed. (EDC Section 66271.4)
3. Requires the governing board of each community college district to implement a process by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law. Existing law prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. (EDC Section 66271.41)

FISCAL EFFECT: Unknown.

COMMENTS: Purpose. According to the author, “as a mother of a transgender child, I am deeply committed to ensuring the safety, inclusivity, and mental health of all transgender people. A chosen and affirmed name helps transgender or non-binary individuals feel comfortable by being referred to by a name that is more representative of their gender identity. The use of a student's name assigned at birth rather than their chosen or affirmed name is termed 'deadnaming.' Specifically for transgender and non-binary individuals, being deadnamed by incorrect student records can lead to unwanted outing, bullying, discrimination, violence, and loss of employment opportunities in the future. AB 760 would require the California State University and University of California systems to implement a process by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law.”

What does it mean to identify as a transgender person or nonbinary person? According to GLAAD (formerly known as the Gay & Lesbian Alliance Against Defamation), “transgender (adj.) is an umbrella term for people whose gender identity and/or gender expression differs from what is typically associated with the sex they were assigned at birth. People under the transgender umbrella may describe themselves using one or more of a wide variety of terms - including transgender.”

According to GLADD, “nonbinary is a word used by people who experience their gender identity and/or gender expression as falling outside the binary gender categories of ‘man’ and ‘woman.’ Many nonbinary people also call themselves transgender and consider themselves part of the transgender community. Others do not. Nonbinary is an umbrella term that encompasses many different ways to understand one's gender.”

The implications of being “outed” or “deadnamed.” Transgender and nonbinary-identifying CSU and UC students may wish to have their school-issued email addresses, campus ID cards, class rosters, and transcripts to reflect their current and preferred name and gender. The 2015 U.S. Transgender Survey – California State Report revealed 63% of transgender and gender nonconforming individuals did not have their chosen name or accurate gender on their identification.

Information listing the transgender-identifying former pupil’s gender as assigned at birth and “deadname” (i.e., the birth-name or pre-gender transition name), could “out” a student’s gender identity. Being outed by student records puts transgender-identifying former pupils at risk of bullying, discrimination, violence, and loss of employment opportunities, according to the National Center for Transgender Equity and the Transgender Law Center, Gay, Lesbian, & Straight Education Network (GLSEN), and Equality California.

Studies show that transgender people disproportionately face discrimination, harassment, and violence in areas of life, including; housing, education, employment, health care, and law enforcement. For example, a 2018 study by the Human Rights Campaign and the University of Connecticut reports that transgender and gender non-conforming individuals are about twice as likely to be sexually assaulted or raped compared to their cis-gender peers in the lesbian, gay, bisexual, queer, and questioning (LGBTQ) community. According to the National Center for Transgender Equity, more than one in four transgender people have lost a job to trans-bias. Transgender individuals are also subject to refusal to hire, privacy violations and violence on the job at significantly higher rates relative to their cis-gender peers.

Arguments in support. The Lieutenant Governor of California, the Honorable Elani Kounalakis, wrote in support, noting that, “currently, most colleges do not provide an option for transgender and nonbinary students, faculty, and staff whose chosen name is different from their legal name to have their chosen name and pronouns reflected in their school records. This ultimately leaves people at risk of being deadnamed (referred to by the name they were assigned at birth rather than by their affirmed or chosen name). Being deadnamed puts people at risk of discrimination or harm. AB 760 will help to support current students, staff, or faculty members who wish to use an affirmed name and gender identification – an essential step towards fostering a campus environment that is inclusive and supportive.”

The California Teachers Association (CTA) also wrote in support of AB 760 (Wilson), writing that “CTA believes all persons, regardless of actual or perceived gender, sexual orientation, or gender identity and expression, should be afforded equal opportunity within the public education system. This common-sense bill is a crucial step in creating an inclusive and safe environment for all; it allows individuals to use their preferred name and gender on campus, which can be an important part of self-expression and identity. It also allows them to be addressed, referred to, and treated in a way that is consistent with their affirmed identity. Additionally, a system like this could help to reduce potential confusion or misunderstandings due to mismatched personal and legal names, gender pronouns, and gender-based discrimination. Finally, having an affirmed name and gender system allows institutions to show their commitment to creating a welcoming and supportive campus for all.”

Prior legislation. AB 2315 (Arambula), Chapter 932, Statutes of 2022, requires the governing board of each community college district (CCD) to implement a process by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law.

AB 245 (Chiu), Chapter 555, Statutes of 2021, required a campus of the University of California (UC), California State University (CSU), or CCC to update a former student's records to include the student's updated legal name or gender if the institution receives government-issued documentation from the student demonstrating that the former student's legal name or gender has been changed.

AB 2023 (Chiu, 2020) was essentially identical to this AB 245, and was held in the Assembly Higher Education Committee due to COVID 19 restrictions.

AB 711 (Chiu), Chapter 179, Statutes of 2019, required a local educational agency, including a school district, charter school or county office of education, to update and reissue a former pupil's records if it receives government-issued documentation that a former pupil's legal name and/or gender has been changed.

REGISTERED SUPPORT / OPPOSITION:

Support

AFSCME

California Teachers Association

Faculty Association of California Community Colleges

Lieutenant Governor Eleni Kounalakis

Individual

Opposition

None on file

Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960