Subject: AB 101 to be heard in the Assembly Higher Education Committee
From: "Ellen McCormick" <[email-masked]>
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 [email-masked].

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
<http://leginfo.public.ca.gov/bilinfo.html>.

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.