BILL NUMBER: AB 827 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member O'Donnell
FEBRUARY 26, 2015
An act to amend Section 51933 add Article
2.5 (commencing with Section 218) to Chapter 2 of Part 1 of Division
1 of Title 1 of the Education Code, relating to public
school curriculum. teachers.
LEGISLATIVE COUNSEL'S DIGEST
AB 827, as amended, O'Donnell. Public school curriculum:
sexual health education. Teachers: in-service
training: lesbian, gay, bisexual, transgender, and questioning pupil
resources.
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.
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.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) All pupils deserve and need safe and supportive school
environments in which to learn.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
SEC. 2. Article 2.5 (commencing with Section 218)
is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the
Education Code , to read:
Article 2.5. In-Service Training: Lesbian, Gay, Bisexual,
Transgender, and Questioning Pupil Resources
218. 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.
SEC. 3. 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.
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.