Amended in Assembly June 2, 2015

Amended in Assembly May 4, 2015

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 add Article 2.5 (commencing with Section 218) to Chapter 2 of Part 1 of Division 1 of Title 1 end delete begin insert amend Section 234.1 end insert of the Education Code, relating to begin delete teachers. end delete begin insert safe schools. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 827, as amended, O'Donnell. begin delete Teachers: in-service training: end delete begin insert Safe schools: Safe Place to Learn Act: end insert lesbian, gay, bisexual, transgender, and questioning pupil resources.

Existing law establishes the system of public elementary and secondary schools in this begin delete state end delete begin insert state, end insert 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. begin insert Existing law, the Safe Place to Learn Act, requires the State Department of Education, as part of its regular monitoring and review of a local educational agency, to assess whether the local educational agency has, among other things, adopted a policy that prohibits discrimination, harassment, intimidation, and bullying, as specified, and has publicized that policy to pupils, parents, employees, agents of the governing board, and the general public. end insert

This bill would require each begin delete school operated by a end delete school begin delete district or end delete begin insert district, end insert county office of begin delete education end delete begin insert education, end insert and begin delete each end delete charter school begin delete to provide in-service training every school year to teachers of end delete begin insert serving end insert pupils in begin insert any of end insert grades 7 to 12, inclusive, begin delete and to all other end delete begin insert to provide to end insert certificated begin delete employees at that school, end delete begin insert schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, as part of the information publicized, information end insert on begin insert existing end insert schoolsite and community resources begin delete for end delete begin insert related to end insert the support of lesbian, gay, bisexual, transgender, and questioning pupils, as specified. By imposing additional duties on begin delete local educational agencies, end delete begin insert school districts, county offices of education, and charter schools, end insert 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:

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

(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.

(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.

(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.

(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.

(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.

(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.

(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 begin delete schools end delete begin insert school districts,
county offices of education, and charter schools end insert to begin delete conduct end delete begin delete 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 end delete begin insert provide information on existing schoolsite and
community resources as required by subdivision (c) of Section
234.1 of the Education Code end insert as part of a more comprehensive
effort to educate school staff on the support of LGBTQ pupils.

begin delete

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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 234.1 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

234.1.  

The department, pursuant to subdivision (b) of Section
64001, shall monitor adherence to the requirements of Chapter 5.3
(commencing with Section 4900) of Division 1 of Title 5 of the
California Code of Regulations and begin delete Chapter 2 (commencing with
Section 200) of this part end delete begin insert this chapter end insert as part of its regular
monitoring and review of local educational agencies, commonly
known as the Categorical Program Monitoring process. The
department shall assess whether local educational agencies have
done all of the following:

(a) Adopted a policy that prohibits discrimination, harassment,
intimidation, and bullying based on the actual or perceived
characteristics set forth in Section 422.55 of the Penal Code and
Section 220 of this code, and disability, gender, gender identity,
gender expression, nationality, race or ethnicity, religion, sexual
orientation, or association with a person or group with one or more
of these actual or perceived characteristics. The policy shall include
a statement that the policy applies to all acts related to school
activity or school attendance occurring within a school under the
jurisdiction of the superintendent of the school district.

(b) Adopted a process for receiving and investigating complaints
of discrimination, harassment, intimidation, and bullying based
on any of the actual or perceived characteristics set forth in Section
422.55 of the Penal Code and Section 220 of this code, and
disability, gender, gender identity, gender expression, nationality,
race or ethnicity, religion, sexual orientation, or association with
a person or group with one or more of these actual or perceived
characteristics. The complaint process shall include, but not be
limited to, all of the following:

(1) A requirement that, if school personnel witness an act of
discrimination, harassment, intimidation, or bullying, they shall
take immediate steps to intervene when safe to do so.

(2) A timeline to investigate and resolve complaints of
discrimination, harassment, intimidation, or bullying that shall be
followed by all schools under the jurisdiction of the school district.

(3) An appeal process afforded to the complainant should he or
she disagree with the resolution of a complaint filed pursuant to
this section.

(4) All forms developed pursuant to this process shall be
translated pursuant to Section 48985.

(c) Publicized antidiscrimination, antiharassment,
anti-intimidation, and antibullying policies adopted pursuant to
subdivision (a), including information about the manner in which
to file a complaint, to pupils, parents, employees, agents of the
governing board, and the general public. The information shall be
translated pursuant to Section 48985. begin insert Each school district, county
office of education, and charter school serving pupils in any of
grades 7 to 12, inclusive, shall provide to certificated schoolsite
employees who serve pupils in end insert begin insert any of grades 7 to 12, inclusive, as
part of the information publicized, information on existing
schoolsite and community resources related to the support of
lesbian, gay, bisexual, transgender, and questioning (LGBTQ)
pupils. Schoolsite resources may include, but are not limited to,
peer support or affinity clubs and organizations, safe spaces for
LGBTQ pupils, counseling services, staff who have received
antibias or other training aimed at supporting these pupils or who
serve as designated support to these pupils, health and other
curriculum materials that are inclusive of, and relevant to, these
pupils, online training developed pursuant to Section 32283.5,
and other policies adopted pursuant to this article, including
related complaint procedures. Community resources may include,
but are not limited to, community-based organizations that provide
support to LGBTQ pupils and their families, and physical and
mental health providers with experience in treating and supporting
these pupils. end insert

(d) Posted the policy established pursuant to subdivision (a) in
all schools and offices, including staff lounges and pupil
government meeting rooms.

(e) Maintained documentation of complaints and their resolution
for a minimum of one review cycle.

(f) Ensured that complainants are protected from retaliation and
that the identity of a complainant alleging discrimination,
harassment, intimidation, or bullying remains confidential, as
appropriate.

(g) Identified a responsible local educational agency officer for
ensuring school district or county office of education compliance
with the requirements of Chapter 5.3 (commencing with Section
4900) of Division 1 of Title 5 of the California Code of Regulations
and begin delete Chapter 2 (commencing with Section 200) of this part. end delete begin insert this
chapter. end insert

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.