BILL NUMBER: AB 827 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member O'Donnell
FEBRUARY 26, 2015
An act to 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 teachers.
LEGISLATIVE COUNSEL'S DIGEST
AB 827, as amended, O'Donnell. 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, and to all other certificated employees at
that school, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and
declares all of the following:
(a)
( 1) All pupils deserve and need safe and
supportive school environments in which to learn.
(b)
( 2) 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)
( 3) 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)
( 4) 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)
( 5) 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)
( 6) 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)
(7 ) 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)
( 8) 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.
(b) The Legislature therefore encourages schools to conduct the
in-service training required by Article 2.5 (commencing with Section
218) of Chapter 2 of Part 1 of Division 1 of Title 1 of the Education
Code as part of a more comprehensive effort to educate school staff
on the support of LGBTQ pupils.
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, and to all other certificated employees at that
school, 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.