BILL ANALYSIS Ó AB 827 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 827 (O'Donnell) As Amended August 25, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |59-15 |(June 4, 2015) |SENATE: |27-13 |(September 1, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: ED. SUMMARY: Requires the California Department of Education (CDE), as part of its compliance monitoring, to assess whether local educational agencies (LEAs) have provided information to certificated staff serving grades 7-12 on schoolsite and community resources for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students. 1)Requires the CDE, as part of its categorical compliance monitoring, to assess whether LEAs have provided information on schoolsite and community resources for LGBTQ students to certificated staff serving grades 7-12, as part of their publicizing of anti-discrimination policies. 2)Defines schoolsite resources for the support of LGBTQ students to include: 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 staffs who have received anti-bias or other training aimed at supporting LGBTQ youth or serve as designated support personnel for those students. f) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth. g) Online anti-bullying curriculum developed by the CDE. 1)Defines community resources for the support of LGBTQ students to include: a) community-based organizations that provide support to LGBTQ youth and their families b) physical and mental health providers with experience in treating and supporting LGBTQ youth The Senate amendments replace the requirement that LEAs provide the specified information to school staff with a requirement that the CDE, through its compliance monitoring, assess whether the information is being provided. AB 827 Page 3 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. 2)Requires the CDE to monitor, through its categorical monitoring process, whether school districts have: a) Adopted policies prohibiting discrimination based on the actual or perceived characteristics including disability, gender, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of those characteristics. b) Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying, including: 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 AB 827 Page 4 iii) Publicized antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public 3)Requires the CDE to develop an online training module on bullying and cyberbullying for school staff, school administrators, parents, students, and community members. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: Need for this bill. The author's office states, "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. "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, both at school and in the local community." Use of an existing process to provide information. Existing law requires LEAs to publicize anti-discrimination policies to school staff. This bill expands the information to be included in that publicizing to include support resources for LGBTQ students. In this manner, this bill uses an existing process to provide information to school staff. The bill does not require schools to provide schoolsite resources, refer students to AB 827 Page 5 resources, or train schoolsite staff about those resources. Which schoolsite supports improve outcomes for LGBTQ students? A number of supportive factors at school appear to improve academic outcomes and improve safety for LGBTQ students. 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. 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. Evaluations from New York City, Illinois, and Massachusetts have found that such teacher training helped to create safer environments for LGBTQ students. The United States 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 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." 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 schoolsite resources for LGBTQ students. The author notes that the Centers for Disease Control and Prevention AB 827 Page 6 (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, schoolsite 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 California (to the Los Angeles Unified School District). The CDC reports that 50% of California schools facilitate access to schoolsite and community health resources for LGBTQ students and 39% have GSA clubs. Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0001588