BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 827


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          827 (O'Donnell)


          As Amended  August 25, 2015


          Majority vote


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          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:









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             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.  








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          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










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               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  








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          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  








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          (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