Bill Text: CA AB1281 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupil data: California School Racial Equality

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1281 Detail]

Download: California-2009-AB1281-Introduced.html

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BILL NUMBER: AB 1281	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 27, 2009

   An act to add Section 49062.5 to the Education Code, relating to
pupil data.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1281, as introduced, Portantino. Pupil data: California School
Racial Equality Designation Act.
   (1) Existing law establishes the public elementary and secondary
school system in this state. Under this system, school districts
throughout the state provide instruction to pupils in kindergarten
and grades 1 to 12, inclusive, at the public elementary and secondary
schools.
   This bill would enact the California School Racial Equality
Designation Act. The bill would express findings and declarations of
the Legislature relating to the collection of data on the race or
ethnicity of persons who identify themselves as members of more than
one race.
   The bill would require any public elementary or secondary school
in this state that directly, or by contract, collects demographic
data on the race or ethnicity of its pupils to provide forms that
offer respondents the option to select one or more racial
designations pursuant to prescribed federal guidelines and to ensure
that the data is tabulated and reported as specified. The bill would
require public elementary schools, as well as local educational
agencies, to comply as early as reasonably feasible when updating
forms, software, hardware, or information collection procedures
pursuant to the bill, but in no event later than the commencement of
the fall semester of the 2010-11 academic year.
   Because this bill would impose new duties on local educational
agencies, it would constitute a state-mandated local program.
   (2) 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 49062.5 is added to the Education Code, to
read:
   49062.5.  (a) This section shall be known and may be cited as the
California School Racial Equality Designation Act.
   (b) The Legislature hereby finds and declares all of the
following:
   (1) The State of California currently has the largest population
of people among the 50 states who checked more than one race in the
2000 Census, which provided the first-ever option for respondents to
identify themselves as members of more than one race, and this
population of Californians who identify themselves as such is rapidly
growing.
   (2) Many California public elementary and secondary school forms
currently require that pupils or their parents choose only a single
race when racial classifications are required, and this forces them
to deny a significant part of their heritage and choose between their
parents. Information collected in this manner often deprives the
state of accurate data with which to meet the needs of its diverse
communities. These children need to see a place for them on forms,
using dignified, clear, and consistent terminology deemed most
appropriate by the multiracial community.
   (3) It is in the best interests of the State of California to
collect accurate biracial and multiracial data relating to children
in the California public schools, as 42 percent of persons who chose
more than one race on the 2000 Census were under the age of 18 and
fall into the age range of elementary and secondary school pupils.
Demographic classifications should be sensitive to the needs of
interracial families and multiracial children so that they can
embrace their entire heritage in future years.
   (4) Respect for individual dignity should guide the processes and
methods for collecting and encoding data on race and equality.
   (5) Since 1997, the "Standards for Maintaining, Collecting, and
Presenting Federal Data on Race and Ethnicity" of the federal Office
of Management and Budget have required federal agencies to ensure
that individuals have the option of selecting one or more ethnic or
racial designations on federal government forms requesting this
information.
   (6) This is the ideal time to close the gap in disparity in proper
terminology for biracial and multiracial children. This timing
coincides with the changes in federal guidelines. School is usually
the place where children first see and understand appropriate
terminology for themselves and their peers. Ten states have adopted a
true multiracial classification in addition to a large number of
individual school districts in other states. The treatment of
California's pupil population in this regard should be proactive and
progressive on this issue.
   (c) Any public elementary or secondary school in this state that
directly, or by contract, collects demographic data on the race or
ethnicity of its pupils shall do all of the following:
   (1) Provide forms that offer respondents the option to select one
or more racial designations pursuant to guidelines of the United
States Department of Education, and designate written instructions
such as: "Choose one; or, if you consider yourself to be biracial or
multiracial, choose two or more."
   (2) Ensure, in cases where data on the race and ethnicity of
pupils are reported to any other state agency, board, or commission,
that those data are neither tabulated nor reported without all of the
following:
   (A) The number or percentage of respondents who identify with each
racial designation alone and not in combination with any other
ethnic or racial designation.
   (B) The number or percentage of respondents who identify with each
ethnic or racial designation, whether alone or in combination with
other ethnic or racial designations.
   (C) The number or percentage of respondents who identify with
multiple ethnic or racial designations, reported as "biracial or
multiracial (two or more races)."
   (D) For civil rights monitoring and enforcement, complying with
the rules for multiple race response allocation issued by the federal
Office of Management and Budget Bulletin No. 00-02 in cases of state
or federally mandated actions related to an ethnic or a racial
community, or to assessing disparate impacts or discriminatory
patterns. In these cases, the requirements of subparagraph (C) shall
not be considered to be satisfied without concurrent compliance with
subparagraphs (A) and (B), as well as this subparagraph.
   (d) Each local educational agency or public elementary or
secondary school that is required to comply with subdivision (c)
shall comply as soon as reasonably feasible when updating forms,
software, hardware, or information collection procedures, and in no
event later than the commencement of the fall semester of the 2010-11
academic year.
   (e) Each public elementary or secondary school shall offer an
opportunity to its pupils and staff, and encourage them, to
reidentify their race or ethnicity using the new forms developed
pursuant to this section as soon as these forms are available.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.