BILL ANALYSIS Ó
AB 827
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 827
(O'Donnell) - As Amended April 6, 2015
SUBJECT: Teachers: in-service training: lesbian, gay,
bisexual, transgender, and questioning pupil resources
SUMMARY: Requires schools to provide in-service training to
teachers on school site and community resources available for
the support of lesbian, gay, bisexual, transgender, and
questioning (LGBTQ) students. Specifically, this bill:
1)Requires, that each school operated by a school district or
county office of education, and each charter school, provide
in-service training to teachers of students in grades 7 to 12
on schoolsite and community resources for the support of LGBTQ
students.
2)Requires this training occur within the first six weeks of
every school year, as part of a regularly scheduled staff
meeting
3)Defines schoolsite resources for the support of LGBTQ students
to include, but not be limited to:
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a) peer support or affinity clubs and organizations
b) safe spaces for LGBTQ students
c) anti-bullying and harassment policies, and related
complaint procedures
d) counseling services.
e) school staff who have received anti-bias or other
training aimed at supporting LGBTQ youth
f) health and other curriculum materials that are inclusive
of, and relevant to, LGBTQ youth
1)Defines community resources for the support of LGBTQ students
to include, but not be limited to:
a) community-based organizations that provide support to
LGBTQ youth
b) physical and mental health providers with experience in
treating and supporting LGBTQ youth
EXISTING LAW:
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1)Prohibits discrimination on the basis of sexual orientation,
gender, gender identity, or gender expression in any
educational program or activity by an educational institution
receiving state funds.
2)Requires the California Department of Education (CDE) to
monitor local educational agencies (LEAs) for adoption of
policies prohibiting discrimination, harassment, intimidation,
and bullying on the basis of sexual orientation, gender,
gender identity, or gender expression.
3)Requires the CDE to monitor local educational agencies LEAs
for adoption of processes for receiving and investigating
complaints of discrimination, harassment, intimidation, and
bullying, and establishes complaint procedures.
4)Requires the inclusion of the contributions of lesbian, gay,
bisexual, and transgender Americans in instruction on
California and United States history, and prohibits, in
instructional materials, matter which reflects adversely upon
persons because of their sexual orientation, gender, gender
identity, or gender expression.
FISCAL EFFECT: This bill has been keyed a state-mandated local
program by the Office of Legislative Counsel.
COMMENTS:
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Need for the bill. The author's office states, "All students
need and deserve safe and supportive schools in which to learn.
AB 827 will make California's schools more effective learning
environments for LGBTQ students by providing teachers with the
information they need to support their students.
Young people are coming out earlier and in greater numbers than
ever before. Yet despite much progress, California LGBTQ
students continue to face verbal, physical, and online
harassment. This harassment has direct effects on their
academic achievement - increasing truancy, lowering grade point
averages, and resulting in poor attitudes toward school.
Many teachers are unsure of how to support their LGBTQ students,
and student know it - they report not telling their teachers
about harassment because they believe their teachers won't do
anything about it.
Research has shown that when LGBTQ students have access to
supports in school, they perform better academically, skip
school less, and have more positive attitudes toward school. AB
827 will ensure that teachers are aware of resources for the
support of these students by requiring schools to provide annual
training to teachers on resources available to support LGBTQ
students, both at school and in the local community. In this
way AB 827 will strengthen our schools so that all students have
the opportunity to learn."
Bias against LGBTQ students impacts academic outcomes. While
much research has examined the effect of harassment on LGBTQ
students' risk behaviors, recent research has focused on the
effect of such harassment on school performance.
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The Gay Lesbian Straight Education Network's (GLSEN) 2013
National School Climate Survey found that 91% of California
LGBTQ students report hearing anti-LGBTQ remarks, 7 in 10
reported being called names or threatened based on their sexual
orientation, nearly one-third report physical harassment or
assault, and 46% report cyberbullying.
GLSEN survey data show that the average grade point average for
LGBTQ students who have experienced harassment is significantly
lower than for LGBTQ students who have not. This survey also
found that 30% of LGBTQ students report frequently skipping
class or missing whole days of school because they felt unsafe
at school.
Research has shown that LGBTQ students who are harassed do not
report these incidents to school staff, primarily because they
believe school staff will not address these problems.
Which school site supports improve outcomes for LGBTQ students?
A number of supportive factors at school appear to improve
academic outcomes and improve safety for LGBTQ students.
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Research shows, for example, that LGBT students with many
supportive educators feel safer at school, skip fewer classes,
earn higher grades, and have fewer school-related problems than
those without supportive educators.<1> <2> Students in schools
with Gay Straight Alliance (GSA) clubs report less harassment
and assault are more likely to report these incidents when they
occur, and are less likely to miss school because of safety
concerns. Anti-bullying policies are also associated with
better outcomes, such as being one-third less likely to skip a
class.<3>
Evaluations from New York City, Illinois, and Massachusetts have
found that such teacher training helped to create safer
environments for LGBTQ students. The U.S. Department of Health
and Human Services, as part of its anti-bullying campaign,
recommends that, "when youth reveal same-sex attractions and
relationships, this is an opportunity for health, medical, and
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<1>
GLSEN. (2013). The Safe Space Kit: Guide to Being an Ally to
LGBT Students. New York: GLSEN.
<2>
Safe Schools Policy for LGBTQ Students, Society for Research in
Child Development, Vol. 24, No. 4, 2010.
<3>
Harris Interactive & GLSEN. (2005). From teasing to torment:
School climate in America, a survey of students and teachers.
New York: GLSEN.
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school professionals to better inform and support sexual
minority youth by linking them with community resources and
helping to overcome the tensions of parents, families, and
peers."<4>
Research has also shown that feelings of safety at school are
stronger when students know where to get information and support
about sexual orientation and gender identity, but research has
also shown that some students in California schools are not
aware of one of these key supports - anti-discrimination
policies.
CDC endorses school site resources for LGBTQ students. The
author notes that the Centers for Disease Control and Prevention
(CDC), as part of its risk behavior prevention activities,
monitors and funds local efforts to create supportive school
environments for LGBTQ students. The CDC collects information
on factors such as professional development for educators,
school site resources such as GSA clubs and safe spaces for
LGBTQ students, and referrals to school and community health
professionals with experience providing support to LGBTQ
students. The CDC has made grants for teacher training in
support of LGBTQ students in Michigan, Rhode Island,
Pennsylvania and in California (to the Los Angeles Unified
School District). The CDC reports that 50% of California
schools facilitate access to school site and community health
resources for LGBTQ students, and 39% have Gay Straight Alliance
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<4>
Bullying of LGBT Youth and Those Perceived to Have Different
Sexual Orientations. U.S. Department of Health and Human
Services,
http://www.stopbullying.gov/at-risk/groups/lgbt/lgbtyouthtipsheet
.pdf, retrieved 4/14/2015.
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(GSA) clubs.<5>
What are Gay Straight Alliance clubs and safe spaces for LGBTQ
students? This bill requires that teachers receive information
about school site supports for LGBTQ students, including peer
support organizations and safe spaces for LGBTQ students.
One form of peer support organization in schools are Gay
Straight Alliance clubs. These student-led clubs provide peer
support for LGBTQ students and their straight allies. The
presence of GSAs in schools is associated with less harassment,
greater school safety and connectedness, and more instances of
teacher intervention in harassment. First formed in the 1980's,
these clubs are now common to U.S. high schools. The Gay
Straight Alliance Network lists 944 clubs in California middle
and high schools.
"Safe spaces" (also known as positive spaces) for LGBTQ students
refers to places where teachers, students, or educational
institutions does not tolerate harassment, and instead is
accepting and supportive. Some schools and teachers post signs
indicating safe spaces. The CDC recommends that schools
---------------------------
<5>
Demissie Z, Brener et al. School Health Profiles 2012:
Characteristics of Health Programs Among Secondary Schools.
Atlanta: Centers for Disease Control and Prevention; 2013.
GLSEN. (2013). The Safe Space Kit: Guide to Being an Ally to
LGBT Students. New York: GLSEN.
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establish safe spaces, such as "counselors' offices, designated
classrooms, or student organizations, where LGBTQ youth can
receive support from administrators, teachers, or other school
staff."
How will schools know about community resources to support LGBTQ
students? This bill requires schools to provide information to
teachers on community resources for support of LGBTQ students,
including community-based organizations that provide support to
LGBTQ youth, and physical and mental health providers with
experience in treating and supporting LGBTQ youth.
In some cases, school personnel responsible for this training
may not know how to identify such resources, particularly health
care providers with the appropriate expertise. The author notes
that databases of health professionals with special training or
experience are available, such as the Gay Lesbian Medical
Association (listed as a LGBTQ patient resource by the American
Medical Association), which offers a searchable database of
providers with this expertise. There is also a searchable
database of LGBTQ centers which lists 21 centers in California.
Recommended amendments. Staff recommends the following
amendments to meet the author's intent: 1) Extend in-service
training to all certificated staff at the site; 2) State intent
that schools provide additional training on ways of supporting
LGBTQ students.
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REGISTERED SUPPORT / OPPOSITION:
Support
Equality California (sponsor)
American Civil Liberties Union of California
California Communities United Institute
California Teachers Association
Gay-Straight Alliance Network of California
Gender Health Center
Gender Spectrum
LGBTQ Center of Long Beach
National Association of Social Workers, California Chapter
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National Center for Lesbian Rights
San Diego LGBT Community Center
Transgender Law Center
Opposition
None on file
Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087