Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 827

Introduced by Assembly Member O'Donnell

February 26, 2015

An act to begin delete amend Section 51933 end delete begin insert add Article 2.5 (commencing with Section 218) to Chapter 2 of Part 1 of Division 1 of Title 1 end insert of the Education Code, relating to begin delete public school curriculum. end delete begin insert teachers. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 827, as amended, O'Donnell. begin delete Public school curriculum: sexual health education. end delete begin insert Teachers: in-service training: lesbian, gay, bisexual, transgender, and questioning pupil resources. end insert

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Existing law establishes the system of public elementary and secondary schools in this state and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state.

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This bill would require each school operated by a school district or county office of education and each charter school to provide in-service training every school year to teachers of pupils in grades 7 to 12, inclusive, on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, and questioning pupils, as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Existing law authorizes school districts to provide comprehensive sexual health education, consisting of age-appropriate instruction, in kindergarten and grades 1 to 12, inclusive, using instructors trained in the appropriate courses. Existing law specifies criteria that a school district that elects to offer comprehensive sexual health education is required to satisfy, including providing information on local resources for testing and medical care for sexually transmitted diseases.

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This bill would require a school district that elects to offer comprehensive sexual health education to also provide information on local resources for counseling for sexuality transmitted diseases.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) All pupils deserve and need safe and supportive school
environments in which to learn.

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(b) Despite much progress, California lesbian, gay, bisexual,
transgender, and questioning (LGBTQ) pupils often face verbal,
physical, and online harassment, which has significant effects on
their academic achievement.

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(c) In the Gay Lesbian & Straight Education Network’s
(GLSEN) 2013 National School Climate Survey, 91 percent of
California LGBTQ pupils reported hearing anti-LGBTQ remarks,
7 in 10 reported being called names or threatened based on their
sexual orientation, nearly one-third reported physical harassment
or assault, and 46 percent reported cyberbullying.

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(d) These problems have direct effects on pupils’ school
performance. GLSEN survey data shows that the average grade
point average for LGBTQ pupils who have experienced harassment
is significantly lower than for LGBTQ pupils who have not, and
that 30 percent of LGBTQ pupils report frequently skipping class
or missing whole days of school because they felt unsafe at school.

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(e) In spite of these problems, research has shown that LGBTQ
pupils who are harassed or assaulted in school do not report these
incidents to school staff, primarily because they believe school
staff will not do anything about the problem.

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(f) Creating supportive learning environments for LGBTQ pupils
improves pupil performance. Pupils in schools with peer support
clubs report less harassment and assault, are more likely to report
incidents when they occur, and are less likely to miss school
because of safety concerns.

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(g) The federal Centers for Disease Control and Prevention
(CDC) monitors and funds local efforts to provide professional
development for educators on safe and supportive environments
for LGBTQ pupils, foster schoolsite resources such as Gay Straight
Alliance clubs and “safe spaces” for LGBTQ pupils, and promote
referrals to school and community health professionals with
experience providing support to LGBTQ pupils.

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(h) CDC data shows that only 50 percent of California schools
facilitate access to schoolsite and community health resources for
LGBTQ pupils, and only 39 percent have peer support clubs.

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begin insert SEC. 2. end insert   

end insert

begin insert Article 2.5 (commencing with Section 218) is added
to Chapter 2 of Part 1 of Division 1 of Title 1 of the end insert begin insert Education
Code end insert begin insert , to read: end insert

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Article begin insert 2.5. end insert   In-Service Training: Lesbian, Gay, Bisexual,
Transgender, and Questioning Pupil Resources

 

begin insert 218. end insert   

Within the first six weeks of every school year, as part of
a regularly scheduled staff meeting, each school operated by a
school district or county office of education and each charter
school shall provide in-service training to teachers of pupils in
grades 7 to 12, inclusive, on schoolsite and community resources
for the support of lesbian, gay, bisexual, transgender, and
questioning (LGBTQ) pupils.

(a) As used in this section, schoolsite resources for the support
of LGBTQ pupils include, but are not limited to, all of the
following:

(1) Peer support or affinity clubs and organizations.

(2) Safe spaces for LGBTQ pupils.

(3) Antibullying and harassment policies and related complaint
procedures.

(4) Counseling services.

(5) School staff who have received antibias or other training
aimed at supporting LGBTQ youth.

(6) Health and other curriculum materials that are inclusive
of, and relevant to, LGBTQ youth.

(b) As used in this section, community resources for the support
of LGBTQ pupils include, but are not limited to, all of the
following:

(1) Community-based organizations that provide support to
LGBTQ youth.

(2) Physical and mental health providers with experience in
treating and supporting LGBTQ youth.

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begin insert SEC. 3. end insert   

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If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

Section 51933 of the Education Code is amended
to read:

51933.  

(a) School districts may provide comprehensive sexual
health education, consisting of age-appropriate instruction, in
kindergarten and grades 1 to 12, inclusive, using instructors trained
in the appropriate courses.

(b) A school district that elects to offer comprehensive sexual
health education pursuant to subdivision (a), whether taught by
school district personnel or outside consultants, shall satisfy all of
the following criteria:

(1) Instruction and materials shall be age appropriate.

(2) All factual information presented shall be medically accurate
and objective.

(3) Instruction shall be made available on an equal basis to a
pupil who is an English learner, consistent with the existing
curriculum and alternative options for an English learner pupil as
otherwise provided in this code.

(4) Instruction and materials shall be appropriate for use with
pupils of all races, genders, sexual orientations, ethnic and cultural
backgrounds, and pupils with disabilities.

(5) Instruction and materials shall be accessible to pupils with
disabilities, including, but not limited to, the provision of a
modified curriculum, materials and instruction in alternative
formats, and auxiliary aids.

(6) Instruction and materials shall encourage a pupil to
communicate with his or her parents or guardians about human
sexuality.

(7) Instruction and materials shall teach respect for marriage
and committed relationships.

(8) Commencing in grade 7, instruction and materials shall teach
that abstinence from sexual intercourse is the only certain way to
prevent unintended pregnancy, teach that abstinence from sexual
activity is the only certain way to prevent sexually transmitted
diseases, and provide information about the value of abstinence
while also providing medically accurate information on other
methods of preventing pregnancy and sexually transmitted diseases.

(9) Commencing in grade 7, instruction and materials shall
provide information about sexually transmitted diseases. This
instruction shall include how sexually transmitted diseases are and
are not transmitted, the effectiveness and safety of all federal Food
and Drug Administration (FDA) approved methods of reducing
the risk of contracting sexually transmitted diseases, and
information on local resources for testing, counseling, and medical
care for sexually transmitted diseases.

(10) Commencing in grade 7, instruction and materials shall
provide information about the effectiveness and safety of all
FDA-approved contraceptive methods in preventing pregnancy,
including, but not limited to, emergency contraception.

(11) Commencing in grade 7, instruction and materials shall
provide pupils with skills for making and implementing responsible
decisions about sexuality.

(12) Commencing in grade 7, instruction and materials shall
provide pupils with information on the law on surrendering
physical custody of a minor child 72 hours or younger, pursuant
to Section 1255.7 of the Health and Safety Code and Section 271.5
of the Penal Code.

(c) A school district that elects to offer comprehensive sexual
health education pursuant to subdivision (a) earlier than grade 7
may provide age appropriate and medically accurate information
on any of the general topics contained in paragraphs (8) to (12),
inclusive, of subdivision (b).

(d) If a school district elects to offer comprehensive sexual
health education pursuant to subdivision (a), whether taught by
school district personnel or outside consultants, the school district
shall comply with the following:

(1) Instruction and materials may not teach or promote religious
doctrine.

(2) Instruction and materials may not reflect or promote bias
against any person on the basis of any category protected by
Section 220.

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