Bill Text: CA AB760 | 2023-2024 | Regular Session | Chaptered
Bill Title: Public postsecondary education: affirmed name and gender identification.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-09-23 - Chaptered by Secretary of State - Chapter 222, Statutes of 2023. [AB760 Detail]
Download: California-2023-AB760-Chaptered.html
Assembly Bill
No. 760
CHAPTER 222
An act to amend Sections 66271.4 and 66271.41 of the Education Code, relating to public postsecondary education.
[
Approved by
Governor
September 23, 2023.
Filed with
Secretary of State
September 23, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 760, Wilson.
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 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. Commencing with the 2023–24 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 student’s chosen name listed on the student’s diploma.
This bill, commencing with the 2023–24 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 student’s chosen name be the sole name listed on the student’s diploma. The bill would 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 would otherwise require the institution to identify the student in accordance with the student’s 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 2024–25 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 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 would otherwise require the public postsecondary educational institution to identify the student in accordance with the student’s 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 66271.4 of the Education Code is amended to read:66271.4.
(a) For purposes of this section, “public postsecondary educational institution” or “institution” means a campus of the University of California, the California State University, or the California Community Colleges.(b) (1) If a public postsecondary educational institution receives government-issued documentation, as described in subdivision (c), from a former student demonstrating that the former student’s legal name or gender has been changed, the institution shall update the former student’s records to include the updated legal name or gender. If requested by the former student, the institution shall reissue any documents conferred upon the former student with the former student’s updated legal name or gender. Documents that shall be
reissued by the institution upon request include, but are not necessarily limited to, a diploma conferred by the institution.
(2) An institution shall not charge a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally.
(3) Notwithstanding any other law in conflict with this paragraph, except Section 67400, 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.
(c) The documentation of a former student sufficient to demonstrate a legal name or gender change includes, but is not necessarily limited to, any of the following:
(1) State-issued driver’s license or identification card.
(2) Birth certificate.
(3) Passport.
(4) Social security card.
(5) Court order indicating a name change or a gender change, or both.
(d) This section does not require the institution to modify records that the former student has not requested for modification or reissuance.
(e) Commencing with the 2023–24 graduating class, an institution shall provide an option for a graduating student to request that the diploma to be conferred by the institution list the student’s chosen name. Commencing with the 2023–24 graduating class, an institution shall not require a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student’s chosen name be the sole name listed on the student’s diploma.
SEC. 2.
Section 66271.41 of the Education Code is amended to read:66271.41.
(a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested 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.(b) Upon the request of an individual, a community college campus and a California State University campus shall, and a University of California 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 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, consistent with subdivision (e) of Section 66271.4, certificates of completion of courses, or similar records.
(c) (1) Commencing with the 2023–24 academic year, community college
campus systems shall be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.
(2) Commencing with the 2024–25 academic year, California State University campus systems shall, and University of California 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.
(d) A community college campus and a California State University campus shall not, and a University of California campus is requested 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.
(e) Notwithstanding any other law in conflict with this subdivision, except Section 67400, a public postsecondary educational institution may use an individual’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 individual in accordance with the individual’s gender identity and affirmed name.
