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

Summary

(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.

Bill Text

• Chaptered 09/23/23 - Chaptered Current pdf September 23, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 09/08/23 - Amended Senate pdf September 08, 2023
• Amended 06/12/23 - Amended Senate pdf June 12, 2023
• Introduced 02/13/23 - Introduced pdf February 13, 2023
• AB760 View text html

Action History

1. September 23, 2023

   Chaptered by Secretary of State - Chapter 222, Statutes of 2023.

2. September 23, 2023

   Approved by the Governor.

3. September 21, 2023

   Enrolled and presented to the Governor at 3:30 p.m.

4. September 14, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 69. Noes 0. Page 3535.).

5. September 13, 2023

   In Assembly. Concurrence in Senate amendments pending.

6. September 13, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 1. Page 2727.).

7. September 11, 2023

   Read second time. Ordered to third reading.

8. September 08, 2023

   Read third time and amended. Ordered to second reading.

9. July 05, 2023

   Read second time. Ordered to third reading.

10. July 03, 2023

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

11. June 21, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 20). Re-referred to Com. on APPR.

12. June 12, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

13. June 07, 2023

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 7). Re-referred to Com. on JUD.

14. May 17, 2023

    Referred to Coms. on ED. and JUD.

15. May 09, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 08, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 0. Page 1485.)

17. April 27, 2023

    Read second time. Ordered to third reading.

18. April 26, 2023

    From committee: Do pass. (Ayes 13. Noes 1.) (April 26).

19. April 12, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 11). Re-referred to Com. on APPR.

20. April 12, 2023

    Coauthors revised.

21. February 23, 2023

    Referred to Com. on HIGHER ED.

22. February 14, 2023

    From printer. May be heard in committee March 16.

23. February 13, 2023

    Read first time. To print.

Sponsors

• Lori D. Wilson · Primary
• Sabrina Cervantes · Cosponsor
• Dawn Addis · Cosponsor

Votes

Subjects