BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 827|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 827
Author: O'Donnell (D), et al.
Amended: 8/25/15 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.
Senate Floor Amendments of 8/25/15 clarify what may be included
as community resources and add coauthors.
ANALYSIS:
AB 827
Page 2
Existing law:
1)Prohibits discrimination in public schools on the basis of
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
AB 827
Page 3
support students who are lesbian, gay, bisexual, transgender,
and questioning (LGBTQ).
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 or
training in treating or 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
AB 827
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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
to resources, or train schoolsite staff about those resources.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/25/15)
Equality California (source)
Superintendent of Public Instruction Tom Torlakson
American Academy of Pediatrics
OPPOSITION: (Verified8/25/15)
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,
Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,
Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins
NOES: Baker, Bigelow, Brough, Beth Gaines, Gallagher, Grove,
AB 827
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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
8/26/15 12:03:24
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