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Civil Rights council publicizes new 11135 regulations, reorganizes subcommittees for implementation and outreach

Veil Rights Council (council of the California Civil Rights Department) · May 16, 2024
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Summary

The council announced that the Office of Administrative Law approved implementing regulations for Government Code 11135, effective July 1, and voted to reconfigure subcommittees to focus on follow-up work, public-facing guidance, and a joint hearing with the Commission on the State of Hate.

The council of the California Civil Rights Department announced that the Office of Administrative Law approved its package of regulations implementing Government Code 11135; the regulations are scheduled to take effect on July 1. Director Kish described the package as an update to rules not revised in more than four decades and thanked staff and council members who shepherded the work through rulemaking.

Why it matters: Government Code 11135 prohibits discrimination in state-funded programs and activities; council members and staff said the updated implementing regulations will guide enforcement and clarify obligations for state-funded entities. Director Kish said the changes reflect years of public input and multiple rounds of revision by subcommittees and department staff.

Council action and structure changes: After discussion of priorities and staff bandwidth, the council voted to disband several dormant committees and to form new, narrower subcommittees to carry next steps. The reconfigured assignments, read into the record by staff, include a forward-looking 11135 subcommittee (to provide guidance and public-facing materials) and a combined reasonable-accommodations/leave subcommittee to draft regulations and guidance for bereavement and reproductive-loss leave. The council also approved keeping the algorithm and bias subcommittee active and retaining a single chair-led group to hold the UNRU/Unruh Act work dormant until staff capacity allows.

Direct quotes and context: Director Kish, summarizing the rulemaking, said the department "circulated drafts publicly" and "held public hearings for comments before rulemaking was ever initiated," and called the package "a major achievement." At the meeting, multiple council members urged the department to prepare plain-language technical assistance so government agencies and grantees can understand how the new rules apply.

Votes and procedural details: The council recorded roll-call votes for the motions taken during the meeting. Motions to approve the council handbook updates and to approve the new subcommittee assignments were moved and seconded and passed by unanimous recorded votes from members present.

What’s next: Staff will draft public-facing guidance and outreach materials, and new and renamed subcommittees will begin their work consistent with department staffing availability. Council members said they want to prioritize plain-language materials and targeted outreach so agencies, providers and the public understand the practical effect of the 11135 regulations.