AB1785 Requires Schools to Take Reports of Hate-Motivated Violence

More than a decade has passed since legislation was first introduced to have schools identify and report hate- (bias-) motivated incidents on school campuses. 

CAHRO, the B'nai B'rith Anti-defamation League, Orange County Human Relations Commission, parent-teacher associations, human relations and civil rights organizations and others felt that reporting would provide an important tool to overcome the reluctance of school administrators to own up to intergroup tensions and conflict within their school.  Advocates met with Department of Education representatives and argued that if bias-related incidents were reported, then administrators would recognize the need to devote some resources to ensuring they ran a campus where all students were treated with respect regardless of their personal identity.

The long battle for reporting by advocates finally paid off.  A comprehensive bill [AB 1785], sponsored by Assemblyman Antonio Villaraigosa, requiring schools to report hate-motivated crimes and incidents and increase their capacity to address intergroup tensions was signed into law by Governor Gray Davis and went into effect this year.

The bill requires the California Department of Education to work with school representatives to develop a standard school-crime reporting form that includes hate-motivated incidents and hate crimes.  Superintendents of schools will now be required to submit the data to the state Department of Education twice a year and make those reports available to the public.

To be eligible for funding under the School Safety and Violence Prevention Act, schools must be certified as adopting the goal of combating bias on the basis of race, color, religion, ancestry, national origin, disability, gender and sexual orientation. They also must make efforts to prevent and respond to hate crimes.  Separate legislation was passed to train teachers on how to identify and report hate-motivated incidents and crimes.

Teachers seeking certification to work with limited English-proficient students will now be required to undergo training on cultural awareness approaches to working with a diverse student population, conflict resolution, and on how to respond to bias.

Unfortunately, the bill contains an escape clause for other laudable provisions of the law.  It instructs the State Board of Education to revise curricula and adopt materials to create human relations education with the aim of fostering an appreciation of diversity; establish guidelines for training teachers and administrators to promote appreciation of diversity; develop guidelines for nondiscriminatory instructional and counseling methods; and adopt guidelines for procedures to prevent and respond to acts of bigotry only if private funds are available to cover the costs. 

Although, the escape clause makes it likely these provisions will not be enacted quickly, the list of provisions provides guidance to those interested in moving the human relations agenda forward over the next few years.

The legislation will only have meaning if communities are organized to make sure their schools comply with the law.  Those of us who are familiar with the spotty reporting of hate crimes have learned that the passage of legislation does not necessarily mean behaviors will change to conform to it .  The legislation provides communities with an important tool to ensure their schools provide a safe learning environment for all children.  The challenge is to make it happen.