BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2845 (Williams) - School safety: Safe Place to Learn Act ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 26, 2016 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill requires the California Department of Education (CDE), as part of its existing compliance monitoring activities, to assess whether local educational agencies (LEAs) have provided information to certificated staff serving students in any of grades 7 through 12 on resources related to students who may be subject to bullying due to religious affiliation. This bill also requires the CDE to post on its website and provide to each school district, a list of resources that support those who have been subject to school-based discrimination due to religious affiliation. Fiscal Impact: AB 2845 (Williams) Page 1 of ? Costs to the CDE of approximately $20,000 General Fund in the first year to add additional resources to the department website on school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, or perceived religious affiliation. Ongoing costs of approximately $10,000 General Fund to incorporate LEA compliance review into the existing compliance monitoring process. Potential state costs for LEAs to provide required information to certificated staff. The CDE is required to monitor compliance of this activity which may be perceived to impose a reimbursable state mandate. If an LEA is required to comply, statewide costs could be in the low tens of thousands. See staff comments. (Proposition 98) Background: 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 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: AB 2845 (Williams) Page 2 of ? 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. iii. 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. c. Provided information to certificated staff serving grades 7-12 on school site and community resources for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students. (Education Code § 234.1) According to the author, "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." Proposed Law: This bill requires CDE, as part of its existing compliance monitoring activities, to assess whether LEAs have provided information to certificated staff serving grades 7 through 12 on school and community resources related to the support of students subject to bullying on the basis of religious affiliation, or perceived religious affiliation. AB 2845 (Williams) Page 3 of ? This bill also requires the CDE to post on its website, annually update, and provide to each school district, a list of statewide resources, including community-based organizations, that support youth and their families who have been subjected to school-based bullying on the basis of religious affiliation, or perceived religious affiliation. Finally, this bill encourages LEAs to provide information on existing school and community resources to educate teachers, administrators, and other school staff on the support of Muslim, Sikh, and other students who may face anti-Muslim bias and bullying, as required pursuant to provisions above. Staff Comments: This bill requires the CDE to expand its monitoring process to include assessing whether LEAs have provided specified information to certificated staff regarding bullying on the basis of religious affiliation. According to the CDE, if an LEA does not comply with activities for which they are required to monitor, the LEA would receive a finding and corrective action would be required. At the least, this bill presents a cost pressure for LEAs to comply with this additional activity within CDE's compliance monitoring process. However, an LEA may be compelled to submit a test claim to the Commission on State Mandates for reimbursement for this activity. It is unclear, though, whether the Commission would approve this claim since there does not appear to be clear language requiring the LEAs to implement such activities. Instead, the burden is placed on the CDE to monitor whether the activity has been implemented. However, in the findings and declarations of this bill, a provision characterizes the activity of providing applicable information to certificated staff as a requirement. To the extent the Commission deems this to be a reimbursable state mandate, costs to the state could be in the low tens of thousands. -- END -- AB 2845 (Williams) Page 4 of ?