Today's Law As Amended


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AB-176 Data collection.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 66027.1 is added to the Education Code, to read:

66027.1.
 (a) On or after July 1, 2016, whenever the Board of Governors of the California Community Colleges, the Trustees of the California State University, or the Regents of the University of California collect demographic data as to the ancestry or ethnic origin of students for a report that includes student admission, enrollment, completion, or graduation rates, the entity shall use separate collection categories and tabulations in accordance with the following:
(1) No later than 18 months after a decennial United States Census is released to the public, each entity shall use the collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups as they are reported by the United States Census Bureau.
(2) The categories used by each entity for Asian, Native American, and Pacific Islander groups, to the extent not already required pursuant to paragraph (1), shall also include the following:
(A) Additional major Asian groups, including, but not limited to, Bangladeshi, Cambodian, Hmong, Indonesian, Laotian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
(B) Additional major Native Hawaiian and Pacific Islander groups, including, but not limited to, Fijian and Tongan.
(3) Until the release of the next decennial United States Census following the enactment of this section, each entity shall use the collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups that the entity used as of January 1, 2015.
(4) Each entity shall comply with the Family Educational Rights and Privacy Act and shall observe criteria for ensuring statistical significance of data collected and published.
(b) Each entity shall make the demographic data specified in subdivision (a) publicly available, except for personal identifying information, which shall be deemed confidential, by posting the data on the applicable entity’s Internet Web site by July 1, 2016, and shall update the data annually thereafter. This subdivision shall not be construed to prevent any other state agency from posting data collected as specified in subdivision (a) on the state agency’s Internet Web site, in a manner prescribed by this section or Section 8310.5 or 8310.7 of the Government Code.
(c) As used in this section, “entity” means the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California.
(d) This section shall not apply to demographic data of graduate or professional schools of the University of California.
(e) This section shall apply to the University of California only if the Regents of the University of California, by resolution, make it applicable.

SEC. 2.

 Section 8310.7 of the Government Code is amended to read:

8310.7.
 (a) This section shall only apply to the following state agencies:
(1) The Department of Industrial Relations.
(2) The Department of Fair Employment and Housing.
(3) To the extent funding is specifically appropriated for this purpose, the State Department of Public Health,  The Department of Managed Health Care,  on or after July 1, 2022, 2016,  whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes the type and amount of health care coverage,  rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers.
(b) In addition to the duties imposed under Section 8310.5, the state agencies described in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall collect and tabulate data for the following:
(1) Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.
(2) Additional major Native Hawaiian and other Pacific Islander groups, including, but not limited to, Fijian and Tongan.
(c) (1)  The state agencies identified in subdivision (a) shall make any data collected pursuant to subdivision (b) publicly available, except as described in paragraph (2) for the department identified in paragraph (3) of subdivision (a), and except for  for  personal identifying information, which shall be deemed confidential, by posting the data on the Internet Web site of the agency on or before July 1, 2012, and annually thereafter. This subdivision shall not be construed to prevent any other state agency from posting data collected pursuant to subdivision (b) on the agency’s Internet Web site, in the manner prescribed by this section.
(2) The state department identified in paragraph (3) of subdivision (a) shall not report demographic data that would permit identification of individuals. The department may, to prevent identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.
(d) The state agencies identified in subdivision (a) shall, within 18 months after a decennial United States Census is released to the public, update their data collection to reflect the additional Asian groups and additional Native Hawaiian and Pacific Islander groups as they are reported by the United States Census Bureau.
(e) The state department identified in paragraph (3) of subdivision (a) shall not report demographic data that would result in statistical unreliability.
(f) The state department identified in paragraph (3) of subdivision (a) may continue to collect and report demographic data in the form that the data was submitted if the data was collected under either of the following circumstances:
(1) Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
(2) Demographic data collected by other entities, including either of the following:
(A) State offices, departments, and agencies not included in subdivision (a).
(B) Third-party entity administered surveys not solely funded by the state department.
SEC. 3.
 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.