From: "Ellen McCormick" Subject: AB 101 to be heard in the Assembly Higher Education Committee Date: Wed, 12 Mar 1997 11:09:43 -0800 ACTION ALERT: Support needed for Assembly Bill 101, the Dignity for All Students Act. This measure will protect gay and lesbian youth in California's public schools. AB 101 would prohibit discrimination based on sexual orientation in California's Public Schools. This legislation is currently pending in the California State Legislature. See below for fact sheet. AB 101 (Kuehl), The Dignity for All Students Act, has been set for hearing in the Assembly Higher Education Committee on March 18, 1997. Your help and support are needed for the bill's passage. We need letters of support for the bill and we need witnesses for the committee hearing. Letters of support can be sent to: Assemblymember Kuehl State Capitol Sacramento, CA 95814 We also need witnesses for the committee hearing in Sacramento, March 18, 1997. We are looking for Community College, CSU or UC students, administrators and faculty who have compelling stories about why this legislation is necessary. The ideal witness will be able to speak from personal experience about anti-gay harassment and discrimination. In April, the bill will be heard before the Assembly Education Committee and for that hearing we are looking for high school students, parents of current students, and administrators who can speak about the importance of this legislation. If you have any suggestion for witnesses or would like more information about the bill, please e-mail me at richarjl@assembly.ca.gov. Thank you, Jennifer Richard Policy Consultant Office of Assemblymember Kuehl (916) 445-4956 Ellen McCormick Legislative Advocate LIFE: California's Lesbian/Gay and AIDS Lobby (916) 444-0424 The full text of AB 101 can be obtained at . Commonly Asked Questions about The Dignity for All Students Act - AB 101 (Kuehl) Q: What exactly does the bill do? A: This bill simply adds "sexual orientation" to the existing non-discrimination language of the California Education Code. This bill would apply to all public school districts, community college districts, and to the California State University system. It would also apply to the University of California, given the approval of the University Regents. This bill requires the administration of each school and campus to ensure that programs and activities are free from discrimination based on sexual orientation, as they now must on the bases of race, ethnicity, religion, age, sex, color, and physical and mental disability. Discrimination would be prohibited in interscholastic athletics, employment of teachers and other employees, and financial aid. In addition, school districts and teachers would be prohibited from adopting or using materials that reflect adversely on persons because of their sexual orientation. Q: Why is this bill necessary? A: Gay and lesbian students are the victims of severe and widespread discrimination in our public schools. Explicit prohibition against this discrimination is necessary. Below are just a few of the statistics on gay and lesbian youth. Forty-five percent of gay male students and 20% of lesbian students experienced verbal or physical assault in high school . Source: National Gay and Lesbian Task Force, "Anti-Gay/Lesbian Victimization," New York, 1984. Gay and lesbian youth are two to three times more likely to attempt suicide than heterosexual youth and tragically they are 30% of completed youth suicides annually. Source: "Report of the Secretary's Task Force on Youth Suicide" (U.S. Department of Health and Human Services, 1989). Twenty-eight percent of gay and lesbian youth drop out of school because of harassment and intolerance in the school setting. Source: "Report of the Secretary's Task Force on Youth Suicide" (U.S. Department of Health and Human Services, 1989). Eighty percent of lesbian, gay, and bisexual youth report severe isolation problems. They experience social isolation (having no one to talk to), emotional isolation (feeling distanced from family and peers because of their sexual identity), and cognitive isolation (lack of access to good information about sexual orientation and homosexuality).Source: Hetrik ES, Martin AD, "Developmental Issues and Their Resolution for Gay and Lesbian Adolescents," Journal of Homosexuality, 14(1/2):25-43, 1987. Q: Aren't the current laws prohibiting violence and harassment against students enough? A: Current anti-harassment and violence laws do not explicitly include gay and lesbian students or, when they do, they are not comprehensive enough to prohibit discrimination and harassment. These prohibitions are critical. Discrimination against gay and lesbian students in our public schools is so much a part of the current school environment that it often goes unchallenged by teachers and administrators. Some public school teachers and administrator engage in homophobic jokes, harass gay and lesbian students, deny them access to existing information that could help them, and even refuse to protect them from peer violence. In addition, current laws do not apply to the community college districts, the California State University system, or the University of California, nor do they address the larger issues of discrimination and harassment. Q: Doesn't this bill provide "special rights" or "affirmative action" to homosexual students? A: This bill merely prohibits discrimination against gay and lesbian students, it does not provide these students with any "special rights" and it does not provide any protection to gay and lesbian students not provided to other minority students. Additionally, this bill provides no affirmative action benefits for gay and lesbian students. Contrary to statements from the Traditional Family Values Coalition, there is no way for this law to be interpreted to provide affirmative action preferences for gay or lesbian students in scholarships. This bill was carefully drafted with legislative counsel's assistance to avoid this potential mis-interpretation. Q: Isn't this bill going to cost school districts a lot of money in law suits? A: No. Currently there is no private right of action under the California Education Code. Schools can potentially be taken to court in an attempt to force them to do their job, but no punitive damages can be awarded under the sections of the Education Code we are attempting to amend. Q: Isn't this a special interest bill supported only by "homosexual militants"? A: No. Many organizations, institutions and individuals who care about youth in California are concerned about the discrimination faced by gay and lesbian youth on an a daily basis in our public schools. The alarming rate of suicide amongst gay and lesbian youth has provided a wake up call and many believe we must take action now.