AB 760: Public postsecondary education: affirmed name and gender identification.

(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.