Amended in Senate August 17, 2015

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

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(Coauthors: Assembly Members Bloom, Bonilla, Chiu, Gordon, and Low)

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(Coauthor: Senator Block)

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February 26, 2015

An act to amend Section 234.1 of the Education Code, relating to safe schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 827, as amended, O'Donnell. Safe schools: Safe Place to Learn Act: 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. 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.

This bill would require begin delete each school district, county office of education, and charter school serving pupils in any of grades 7 to 12, inclusive, to provide end delete begin insert the department to also assess whether the local educational agency has provided end insert to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, begin delete as part of the information publicized, end delete information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning pupils, as specified. begin delete By imposing additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program. end delete

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

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

SEC. 2.  

Section 234.1 of the Education Code is amended to
read:

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 this chapter 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 delete 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 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 delete

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(d) Provided, incident to the publicizing described in subdivision
(c), to certificated schoolsite employees who serve pupils in any
of grades 7 to 12, inclusive, who are employed by the local
educational agency, 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.

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(d)

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

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(e)

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begin insert (f) end insert  Maintained documentation of complaints and their resolution
for a minimum of one review cycle.

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(f)

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

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(g)

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begin insert (h) end insert  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 this chapter.

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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.

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