AB 935

(1) Existing law requires the Superintendent of Public Instruction to establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for specified educational programs, and requires the State Department of Education to review those regulations pertaining to uniform complaint procedures for specified types of complaints, including those that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group, as provided. Existing law requires the department to, on or before March 31, 2019, commence rulemaking proceedings to revise those regulations, as necessary, to conform to specified provisions. Beginning July 1, 2026, this bill would require, upon receipt by the department of a complaint subject to the Uniform Complaint Procedures that alleges unlawful discrimination, harassment, intimidation, or bullying, the Superintendent to collect specified information, including, among other things, a description of the complaint received. The bill would require the Superintendent to create and post on the department’s internet website a summary report of the data described above. (2) Existing law, the California Fair Employment and Housing Act, among other things, establishes the Civil Rights Department and authorizes it to receive, investigate, conciliate, mediate, and prosecute complaints alleging various civil rights violations, including violations of provisions regarding individuals with disabilities. Existing law, the Lesbian, Gay, Bisexual, Transgender, and Intersex Disparities Reduction Act, requires the Civil Rights Department, among other specified state entities, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation, gender identity, and variations in sex characteristics/intersex status, as specified. Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. This bill would require the Civil Rights Department to collect, for a complaint received, certain demographic information, including the ethnicity, race, and gender of the individual submitting the complaint, and certain information related to the complaint. The bill would require the department, commencing July 1, 2027, to publish a summary report no later than October 1 of each year of the compiled information for the preceding calendar year on its internet website. This bill would require, for any information or data acquired pursuant to the bill’s provisions, that information or data to be confidential and protected from public disclosure, including disclosure pursuant to the California Public Records Act, except that the information may be disclosable pursuant to that act to the same extent as the underlying complaint. The bill would also prohibit the above-described summary reports, dashboards, and transmitted data from containing any personally identifying information about any individual. The bill would require information in the summary reports, dashboards, and transmitted data to be sufficiently deidentified to prevent the identification of the individuals involved in a complaint. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.