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