BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 2845            
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          |Author:    |Williams                                             |
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          |Version:   |April 26, 2016                                       |
          |           |Hearing Date:   June 15, 2016                        |
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          |Urgency:   |No                     |           |   Yes           |
          |           |                       |Fiscal:    |                 |
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          |Consultant:|Lenin DelCastillo                                    |
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          Subject:  School safety:  Safe Place to Learn Act


            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 7-12 and community resources for students who may face  
          bias or bullying.  The bill also requires the Superintendent of  
          Public Instruction (SPI) to post anti-bullying resources related  
          to religious affiliation or perceived religious affiliation. 

            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:







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                  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:


                       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 schoolsite and community  
                    resources for lesbian, gay, bisexual, transgender, and  
                    questioning (LGBTQ) students.  (Education Code §  
                    234.1)


            ANALYSIS
          
          This bill:








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          1)   Requires the California Department of Education (CDE), as  
               part of its existing compliance monitoring activities,  
               assess whether local educational agencies (LEAs) have  
               provided information to certificated staff serving grades  
               7-12 on school site and community resources to students  
               subject to bullying on the basis of religious affiliation  
               or perceived religious affiliation.  

          2)   Requires that the Superintendent of Public Instruction  
               (SPI) post on its Web site, 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 religious affiliation or perceived religious  
               affiliation.  

          STAFF COMMENTS
          
             1)   Need for the bill.  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. 


               According to the Council on American-Islamic Relations  
               (CAIR), 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  








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               that 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."


             2)   Utilizes existing processes.  Existing law requires the  
               California Department of Education (CDE) to monitor local  
               educational agencies (LEAs) for adoption of processes for  
               receiving and investigating complaints of discrimination,  
               harassment, intimidation, and bullying, and also requires  
               the CDE to annually post on its Web site and provide to  
               each school district, a list of statewide resources that  
               provide support to youth who have been subjected to these  
               acts.  Further, existing law requires LEAs to publicize  
               anti-discrimination, anti-harassment, anti-intimidation,  
               and anti-bullying policies.  This bill requires the CDE, as  
               part of its compliance monitoring activities, to assess  
               whether LEAs have provided information to teachers serving  
               grades 7-12 on schoolsite resources for students who have  
               been subject to these acts, including Arab, Middle Easter,  
               Muslim, Sikh, and South Asian students.  


             3)   CDE bullying resource Web site. This bill also requires  
               the CDE to include information on bullying and  
               discrimination based on religious affiliation on its Web  
               site.  Pursuant to existing law, the CDE already maintains  
               a page of resources on bullying on its Web site, which  
               provides links to numerous resources for program, policy,  
               and curriculum on this topic.  There are resources listed  
               that are specific to bullying of students with  
               disabilities, and bullying of lesbian, gay, bisexual,  
               transgender, and questioning (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.


             4)   Fiscal impact.  According to the Assembly Appropriations  
               Committee, this bill would result in General Fund (GF)  








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               administrative costs to the CDE of approximately $20,000 in  
               the first year to add additional resources to the  
               department Web site on school-based discrimination,  
               harassment, intimidation, or bullying on the basis of  
               religious affiliation, or perceived religious affiliation.   
               There would also be ongoing costs of approximately $10,000  
               GF to incorporate local educational agency compliance  
               review into the existing Compliance Program Monitoring  
               process.


             5)   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 LEAs have  
               provided information to certificated staff 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  
               Web site.




            SUPPORT
          
          Afghan Coalition
          Arc and United Cerebral Palsy California Collaboration
          Asian Americans Advancing Justice - California
          Asian Law Alliance 
          American Civil Liberties Union of California
          California Immigrant Policy Center
          Council on American-Islamic Relations, California Chapter
          Islamic Center of San Diego
          Islamic Networks Group 
          Islamic Society of North (San Diego) County 
          Muslim American Society Public Affairs and Civic Engagement 








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          Muslim Community Center of Greater San Diego
          National Association of Social Workers - California Chapter
          San Jose Japanese American Citizens League
          Santa Barbara Women's Political Committee
          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.


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