BILL ANALYSIS                                                                                                                                                                                                    Ó



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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  
          ---------------------------
          <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  
          ---------------------------

          ---------------------------
          <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