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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