AB 537: The California Student
Safety and Violence Prevention Act of 2000 THE
PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1. This bill shall be known, and may be
cited, as the California Student Safety and
Violence Prevention Act of 2000.
SEC. 2. (a) The Legislature finds and declares
all of the following:
(1) Under the California Constitution, all
students of public schools have the inalienable
right to attend campuses that are safe, secure,
and peaceful. Violence is the number one cause of
death for young people in California and has
become a public health problem of epidemic
proportion. One of the Legislature's highest
priorities must be to prevent our children from
the plague of violence.
(2) The fastest growing, violent crime in
California is hate crime, and it is incumbent upon
us to ensure that all students attending public
school in California are protected from
potentially violent discrimination. Educators see
how violence affects youth every day; they know
first hand that youth cannot learn if they are
concerned about their safety. This legislation is
designed to protect the institution of learning as
well as our students.
(3) Not only do we need to address the issue of
school violence but also we must strive to reverse
the increase in teen suicide. The number of teens
who attempt suicide, as well as the number who
actually kill themselves, has risen substantially
in recent years. Teen suicides in the United
States have doubled in number since 1960 and every
year over a quarter of a million adolescents in
the United States attempt suicide. Sadly,
approximately 4,000 of these attempts every year
are completed. Suicide is the third leading cause
of death for youths 15 through 24 years of age. To
combat this problem we must seriously examine
these grim statistics and take immediate action to
ensure all students are offered equal protection
from discrimination under California law.
SEC. 3. Section 200 of the Education Code is
amended to read: 200. It is the policy of the
State of California to afford all persons in
public schools, regardless of their sex, ethnic
group identification, race, national origin,
religion, mental or physical disability, or
regardless of any basis that is contained in the
prohibition of hate crimes set forth in
subdivision (a) of Section 422.6 of the Penal
Code, equal rights and opportunities in the
educational institutions of the state. The purpose
of this chapter is to prohibit acts which are
contrary to that policy and to provide remedies
therefor.
SEC. 4. Section 220 of the Education Code is
amended to read: 220. No person shall be subjected
to discrimination on the basis of sex, ethnic
group identification, race, national origin,
religion, color, mental or physical disability, or
any basis that is contained in the prohibition of
hate crimes set forth in subdivision (a) of
Section 422.6 of the Penal Code in any program or
activity conducted by an educational institution
that receives, or benefits from, state financial
assistance or enrolls pupils who receive state
student financial aid.
SEC. 5. Section 221 of the Education Code is
renumbered to read: 220.5. This article shall not
apply to an educational institution which is
controlled by a religious organization if the
application would not be consistent with the
religious tenets of that organization.
SEC. 6. Section 241 is added to the Education
Code, to read: 241. Nothing in the California
Student Safety and Violence Prevention Act of 2000
requires the inclusion of any curriculum,
textbook, presentation, or other material in any
program or activity conducted by an educational
institution or postsecondary educational
institution; the California Student Safety and
Violence Prevention Act of 2000 shall not be
deemed to be violated by the omission of any
curriculum, textbook, presentation, or other
material in any program or activity conducted by
an educational institution or postsecondary
educational institution.
SEC. 7. Section 66251 of the Education Code is
amended to read: 66251. It is the policy of the
State of California to afford all persons,
regardless of their sex, ethnic group
identification, race, national origin, religion,
mental or physical disability, or regardless of
any basis that is contained in the prohibition of
hate crimes set forth in subdivision (a) of
Section 422.6 of the Penal Code, equal rights and
opportunities in the postsecondary institutions of
the state. The purpose of this chapter is to
prohibit acts that are contrary to that policy and
to provide remedies therefor.
SEC. 8. Section 66270 of the Education Code is
amended to read: 66270. No person shall be
subjected to discrimination on the basis of sex,
ethnic group identification, race, national
origin, religion, color, or mental or physical
disability, or any basis that is contained in the
prohibition of hate crimes set forth in
subdivision (a) of Section 422.6 of the Penal Code
in any program or activity conducted by any
postsecondary educational institution that
receives, or benefits from, state financial
assistance or enrolls students who receive state
student financial aid.
SEC. 9. Section 66271 of the Education Code is
renumbered to read:
66270.5. This chapter shall not apply to an
educational institution that is controlled by a
religious organization if the application would
not be consistent with the religious tenets of
that organization.
SEC. 10. Notwithstanding Section 17610 of the
Government Code, 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. If the statewide cost of the
claim for reimbursement does not exceed one
million dollars ($1,000,000), reimbursement shall
be made from the State Mandates Claims Fund.