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
          
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          |Version: April 26, 2016         |Policy Vote: ED. 9 - 0          |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Jillian Kissee      |
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          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:  







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           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: 









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                        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.  








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          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.




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