BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 827| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 827 Page 2 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). AB 827 Page 3 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 AB 827 Page 4 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, AB 827 Page 5 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 **** END ****