BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2845


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          Date of Hearing:  April 20, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 2845  
          (Williams) - As Amended April 12, 2016


          SUBJECT:  School safety:  Safe Place to Learn Act


          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 students who may face bias or bullying,  
          including Arab, Middle Eastern, Muslim, Sikh, and South Asian  
          students.  Requires the Superintendent of Public Instruction  
          (SPI) to post anti-bullying resources related to affiliation or  
          perceived affiliation with any religious group, including  
          Muslim, on its website.  Specifically, this bill:  





          1)Requires that the CDE, as part of its compliance monitoring  
            activities, assess whether LEAs have provided information to  
            certificated staff serving grades 7-12 on schoolsite and  
            community resources students subject to bullying,  
            discrimination, or harassment, including for Arab, Middle  
            Eastern, Muslim, Sikh, and South Asian students.  This is an  
            expansion of an existing requirement that the CDE assess  
            whether a corresponding requirement has been met on behalf of  








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            lesbian, gay, bisexual, transgender, and questioning (LGBTQ)  
            students.


          2)Requires that the SPI post on its website, annually update,  
            and provide to each school district, a list of statewide  
            resources, including community-based organizations, that  
            provide support to youth who have been subjected to  
            school-based discrimination, harassment, intimidation, or  
            bullying based on affiliation, or perceived affiliation, with  
            any religious group, including Muslim.  This adds specificity  
            to an existing requirement that the CDE post anti-bullying  
            resources on its website.


          EXISTING LAW:  


          1)Prohibits discrimination on the basis of religion (or  
            perceived religious affiliation) in any educational program or  
            activity by an educational institution receiving state funds  
            (Education Code § 220, Penal Code § 422.55).



          2)Requires the CDE to monitor local educational agencies LEAs  
            for adoption of processes for receiving and investigating  
            complaints of discrimination, harassment, intimidation, and  
            bullying, and establishes complaint procedures. 



          3)Requires the CDE, as part of its compliance monitoring  
            activities, to assess whether LEAs have provided information  
            to certificated staff serving grades 7-12 on schoolsite and  
            community resources for LGBTQ students.











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          4)Requires the CDE to annually post on its website, and annually  
            update, and provide to each school district, a list of  
            statewide resources, including community-based organizations,  
            that provide support to youth who have been subjected to  
            school-based discrimination, harassment, intimidation, or  
            bullying, and their families.
          


          FISCAL EFFECT:  Unknown


          COMMENTS:  


          Need for the bill.   The author states, "The negative tone in  
          our national politics has enflamed a disturbing trend of  
          scapegoating and fear mongering of American Muslims. Recently, a  
          rash of hate crimes aimed at Muslims and Sikhs have occurred  
          across the nation, including physical assaults and the  
          defacement of religious sites in California. AB 2845 aims to  
          address potential spikes in bullying and discrimination in our  
          public education system as a result of increased Islamophobia. 


          According to the Council on American-Islamic Relations,  
          California Chapter, 55% of American Muslim students attending  
          California public schools surveyed experience some form of  
          bullying based on their religious identity. This is twice as  
          high as the national statistic for students who report being  
          bullied at school. CAIR-CA also finds that American Muslim youth  
          continue to identify student-teacher relations as needing  
          improvement in addressing such bullying. Similarly, the Sikh  
          Coalition has reported that 50% of Sikh students have  
          encountered school bullying. This number increases significantly  
          for turbaned Sikh students, of which 67% have encountered  
          bullying.  In Fresno, 51% of the students surveyed reported that  








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          they felt school officials did not respond adequately to  
          bullying incidents. AB 2845 will ensure that school employees  
          will be provided schoolsite and community resources so that our  
          students are provided the assistance and support they need when  
          faced with school bullying and discrimination."


          Surveys of California Muslim and Sikh students find high rates  
          of bullying.  A 2015 report published by the California chapter  
          of the Council on American-Islamic Relations, titled Mislabeled:  
          The Impact of School Bullying and Discrimination on California  
          Muslim Students, reported data from surveys of 500 Muslim  
          students in California.  It found:


                 55% of students surveyed reported being subjected to  
               some form of bullying based on their religious identity.   
               According to the report, this is twice as high as the  
               national percentage of students who report being bullied at  
               school.

                 29% of the female students who wear a hijab, the Islamic  
               headscarf, reported being offensively touched by another  
               student, and 27% reported being discriminated against by  
               their teacher.



                 19% of students reported cyberbullying based on  
               religion.



                 20% of students reported that school staff either made  
               offensive comments about the students' religion or allowed  
               other students to make such remarks, and 20% of students  
               who reported bullying were unhappy with the response from  
               school administrators.









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          A 2014 publication by the Sikh Coalition, titled "Go Home  
          Terrorist:" A Report on Bullying Against Sikh American School  
          Children reported data from a survey and focus groups with  
          several hundred Sikh students in Fresno.  It also found high  
          rates of bullying:



                 54% of Sikh youth have experienced bullying or  
               harassment, 21% report being bullied or harassed at least  
               once a week, and 13% report bullying almost daily.


                 67% of Sikh youth who wear turbans and maintain uncut  
               hair in accordance with religious beliefs have experienced  
               bullying and harassment.


                 63% of those bullied believed they were bullied on the  
               basis of religion or ethnicity, and almost 27% believed it  
               was because other students thought they looked like  
               terrorists.





                 51% of Sikh youth believe school officials do not  
               respond adequately to bullying incidents.


          CDE bullying resource website. This bill requires the CDE to  
          include information on bullying and discrimination based on  
          religious affiliation on its website.  Pursuant to current law,  
          the CDE maintains a page of resources on bullying on its  
          website, which provides links to numerous resources for program,  
          policy, and curriculum on this topic.  There are resources  








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          listed that are specific to bullying of students with  
          disabilities, and bullying of LGBTQ students.  While some  
          resources mention religious discrimination, there do not appear  
          to be any resources listed which specifically address  
          school-based bullying based on actual or perceived religious  
          affiliation.


          Does this bill require school personnel to engage with religious  
          institutions?  This bill requires the CDE to assess whether  
          schools are providing information to students on community  
          resources for the support students at-risk of bullying,  
          including Arab, Middle Eastern, Muslim, Sikh, and South Asian  
          students.  By listing a religion, the bill could be read to  
          require school personnel to engage with religious institutions  
          (see recommended amendment below).  


          Recommended amendments.  Staff recommends that the bill be  
          amended as follows:


          1.Clarify that the requirement to provide resource information  
            to school staff applies to resources for students who are  
            subject to discrimination and bullying based on actual or  
            perceived religious affiliation (rather than all students  
            subject to bullying) and use this broad definition rather than  
            specifying ethnic groups. 


          2.Clarify that the bill does not require school personnel to  
            engage with religious institutions in the course of  
            identifying community support resources.   


          Related legislation.  AB 827 (O'Donnell, Chapter 562, Statutes  
          of 2015) of this Session Requires the CDE, as part of its  
          compliance monitoring, to assess whether local educational  
          agencies (LEAs) have provided information to certificated staff  








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          serving grades 7-12 on schoolsite and community resources for  
          LGBTQ students.





          AB 9 (Ammiano, Chapter 723, Statutes of 2011) requires a school  
          district to include specific information in its policies and  
          procedures regarding discrimination, harassment, intimidation,  
          and bullying, requires the policies to include complaint  
          procedures and alternative discipline policies for pupils who  
          engage in this behavior, and requires the CDE to post  
          anti-bullying resources on its website.





          REGISTERED SUPPORT / OPPOSITION:




          Support


          Asian Americans Advancing Justice - California (Co-Sponsor)


          Council on American-Islamic Relations, California Chapter  
          (Co-Sponsor)
          Sikh Coalition (Co-Sponsor)
          Afghan Coalition
          Asian Law Alliance 
          American Civil Liberties Union of California
          California Immigrant Policy Center










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          Islamic Center of San Diego
          Islamic Networks Group 
          Islamic Society of North (San Diego) County 
          Muslim American Society Public Affairs and Civic Engagement 
          Muslim Community Center of Greater San Diego
          San Jose Japanese American Citizens League
          South Bay Islamic Association 


          Services, Immigrant Rights, and Education Network 
          Somali Family Service of San Diego, Inc. 
          South Asian Bar Association of Northern California 
          


          Opposition


          


          None received




          Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087




















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