BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 827|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  AB 827
          Author:   O'Donnell (D), et al.
          Amended:  8/17/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  7-2, 7/8/15
           AYES:  Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan
           NOES:  Runner, Vidak

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  59-15, 6/4/15 - See last page for vote

           SUBJECT:   Safe schools:  Safe Place to Learn Act:  lesbian,  
                     gay, bisexual, transgender, and questioning pupil  
                     resources


          SOURCE:    Equality California 

          DIGEST:   This bill requires the California Department of  
          Education to assess whether local educational agencies have  
          provided to certificated employees in schools serving grades  
          7-12, as part of the existing requirement to provide information  
          relative to anti-discrimination policies, information on  
          existing schoolsite and community resources to support students  
          who are lesbian, gay, bisexual, transgender, and questioning.

          ANALYSIS: 
          
          Existing law:

          1)Prohibits discrimination in public schools on the basis of  








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            disability, gender, gender expression, nationality, race or  
            ethnicity, religion, sexual orientation, or any other  
            characteristic that is contained in the definition of hate  
            crimes.  (Education Code § 200, et seq.)

          2)Requires the California Department of Education (CDE) to  
            monitor, through its Categorical Program Monitoring process,  
            and assess whether school districts have:

             a)   Adopted policies prohibiting discrimination, harassment,  
               intimidation, and bullying based on the actual or perceived  
               characteristics including 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 those actual or  
               perceived characteristics.  

             b)   Adopted a process for receiving and investigating  
               complaints relating to discrimination, harassment,  
               intimidation, and bullying, including all of the following:

               i)     A requirement that school personnel who witness such  
                 acts take immediate steps to intervene when safe to do  
                 so.

               ii)    A timeline for the investigation and resolution of  
                 complaints, and an appeal process.

             c)   Publicized to students, parents, employees, the  
               governing board of the district, and the general public,  
               anti-discrimination, anti-harassment, anti-intimidation,  
               and anti-bullying policies, including information about the  
               manner in which to file a complaint.  (EC § 234.1)

          This bill:

          1)Requires the CDE to assess whether local educational agencies  
            have provided to certificated employees in schools serving  
            grades 7-12, as part of the existing requirement to provide  
            information relative to anti-discrimination policies,  
            information on existing schoolsite and community resources to  
            support students who are lesbian, gay, bisexual, transgender,  
            and questioning (LGBTQ).








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          2)Authorizes schoolsite resources to include:

             a)   Peer support or affinity clubs and organizations.

             b)   Safe spaces for students who are LGBTQ.

             c)   Counseling services.

             d)   School staff who have received anti-bias or other  
               training aimed at supporting students who are LGBTQ or who  
               serve as designated support personnel for those students.

             e)   Health and other curriculum materials that are inclusive  
               of, and relevant to, students who are LGBTQ.

             f)   Online anti-bullying curriculum developed by the CDE.

             g)   Anti-bullying and harassment policies, and related  
               complaint procedures.

          3)Authorizes community resources to include:

             a)   Community-based organizations that provide support to  
               students who are LGBTQ and their families.

             b)   Physical and mental health providers with experience in  
               treating and supporting students who are LGBTQ.

          4)States legislative findings and declarations relative to  
            harassment faced by students who are LGBTQ and the benefits of  
            creating supportive learning environments.

          Comments
          
          Provides information through an existing process.  Existing law  
          requires local educational agencies to publicize to students,  
          parents, employees, the governing board of the district, and the  
          general public, anti-discrimination, anti-harassment,  
          anti-intimidation, and anti-bullying policies, including  
          information about the manner in which to file a complaint.  This  
          bill essentially expands the information to be publicized to  
          include information on existing schoolsite and community  
          resources to support students who are LGBTQ.  This bill does not  
          require schools to provide schoolsite resources, refer students  







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          to resources, or train schoolsite staff about those resources.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/19/15)


          Equality California (source)
          State Superintendent of Public Instruction Tom Torlakson
          American Civil Liberties Union
          California Latinas for Reproductive Justice
          California Teachers Association
          Gender Spectrum
          GSA Network
          Transgender Law Center


          OPPOSITION:   (Verified8/19/15)


          None received


          ARGUMENTS IN SUPPORT:     According to Equality California,  
          "Despite much progress, LGBTQ students in California often face  
          verbal, physical, and online harassment.  These problems have  
          direct effects on students' school performance.  Research has  
          shown that LGBTQ students who are harassed or assaulted in  
          school often do not report these incidents to school staff,  
          primarily because they believe school staff will not address  
          their reports.  Teachers play a key role in creating supportive  
          learning environments."


          ASSEMBLY FLOOR:  59-15, 6/4/15
          AYES:  Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,  
            Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina,  
            Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon,  







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            Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins
          NOES:  Baker, Bigelow, Brough, Beth Gaines, Gallagher, Grove,  
            Harper, Jones, Kim, Mathis, Obernolte, Patterson, Steinorth,  
            Wagner, Waldron
          NO VOTE RECORDED:  Achadjian, Travis Allen, Dahle, Mayes,  
            Melendez, Olsen

          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          8/19/15 20:39:05


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