Data collection: sexual orientation.

(1) Existing law relating to elementary and secondary education instruction prohibits the administration, as specified, of a test, questionnaire, survey, or examination that contains any questions about a pupil's personal beliefs or practices in sex, family life, morality, and religion, or any questions about the pupils parents' or guardians' beliefs and practices in those areas unless the pupil's parent or guardian gives written permission. Existing law authorizes local educational agencies granted specific funding to submit pupil data to an operator of an after school program or summer program regarding the results of certain survey information in aggregate form. This bill would prohibit a local educational agency that chooses to administer a voluntary survey already including questions pertaining to sexual orientation and gender identity from removing those questions. (2) The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act requires specific state departments, 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 and gender identity, except as specified. Existing law prohibits these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the use of the collected data by these state departments, as specified. Existing law requires these state departments to comply with these provisions as early as possible, but no later than July 1, 2018. This bill would expand the list of state entities that must comply with these reporting requirements, and would require those entities to comply as early as possible, but no later than July 1, 2019. Existing law requires those state entities, during the regular process of reporting demographic data to the Legislature, to also report data collected with respect to sexual orientation and gender discrimination and the method used to collect that data, except for confidential personal identifying information. Existing law authorizes those state entities to collect demographic information from other entities, under specified circumstances. This bill would instead make these separate reporting requirements. The bill would also authorize those state entities to collect aggregated data provided to a state department by a 3rd-party entity, including, but not limited to, a private employer. 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.