BILL ANALYSIS Ó AB 827 Page 1 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: AB 827 Page 2 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: AB 827 Page 3 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: AB 827 Page 4 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. AB 827 Page 5 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. AB 827 Page 6 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 --------------------------- <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. AB 827 Page 7 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 --------------------------- --------------------------- <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. AB 827 Page 8 AB 827 Page 9 (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. AB 827 Page 10 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. AB 827 Page 11 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 AB 827 Page 12 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