Bill Text: CA AB827 | 2015-2016 | Regular Session | Chaptered
Bill Title: Safe schools: Safe Place to Learn Act: lesbian, gay, bisexual, transgender, and questioning pupil resources.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2015-10-07 - Chaptered by Secretary of State - Chapter 562, Statutes of 2015. [AB827 Detail]
Download: California-2015-AB827-Chaptered.html
BILL NUMBER: AB 827 CHAPTERED
BILL TEXT
CHAPTER 562
FILED WITH SECRETARY OF STATE OCTOBER 7, 2015
APPROVED BY GOVERNOR OCTOBER 7, 2015
PASSED THE SENATE SEPTEMBER 1, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE AUGUST 25, 2015
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN ASSEMBLY JUNE 2, 2015
AMENDED IN ASSEMBLY MAY 4, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member O'Donnell
(Coauthors: Assembly Members Bloom, Bonilla, Chiu, Eggman, Gordon,
Low, and Ting)
(Coauthors: Senators Block and Leno)
FEBRUARY 26, 2015
An act to amend Section 234.1 of the Education Code, relating to
safe schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 827, O'Donnell. Safe schools: Safe Place to Learn Act: lesbian,
gay, bisexual, transgender, and questioning pupil resources.
Existing law establishes the system of public elementary and
secondary schools in this state, and provides for the establishment
of local educational agencies to operate these schools and provide
instruction to pupils. Existing law states the policy of the State of
California to afford all persons in public schools, regardless of
their disability, gender, gender identity, gender expression,
nationality, race or ethnicity, religion, sexual orientation, or any
other specified characteristic, equal rights and opportunities in the
educational institutions of the state. Existing law, the Safe Place
to Learn Act, requires the State Department of Education, as part of
its regular monitoring and review of a local educational agency, to
assess whether the local educational agency has, among other things,
adopted a policy that prohibits discrimination, harassment,
intimidation, and bullying, as specified, and has publicized that
policy to pupils, parents, employees, agents of the governing board,
and the general public.
This bill would require the department to also assess whether the
local educational agency has provided to certificated schoolsite
employees who serve pupils in any of grades 7 to 12, inclusive,
information on existing schoolsite and community resources related to
the support of lesbian, gay, bisexual, transgender, and questioning
pupils, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) All pupils deserve and need safe and supportive school
environments in which to learn.
(2) Despite much progress, California lesbian, gay, bisexual,
transgender, and questioning (LGBTQ) pupils often face verbal,
physical, and online harassment, which has significant effects on
their academic achievement.
(3) In the Gay Lesbian & Straight Education Network's (GLSEN) 2013
National School Climate Survey, 91 percent of California LGBTQ
pupils reported hearing anti-LGBTQ remarks, 7 in 10 reported being
called names or threatened based on their sexual orientation, nearly
one-third reported physical harassment or assault, and 46 percent
reported cyberbullying.
(4) These problems have direct effects on pupils' school
performance. GLSEN survey data shows that the average grade point
average for LGBTQ pupils who have experienced harassment is
significantly lower than for LGBTQ pupils who have not, and that 30
percent of LGBTQ pupils report frequently skipping class or missing
whole days of school because they felt unsafe at school.
(5) In spite of these problems, research has shown that LGBTQ
pupils who are harassed or assaulted in school do not report these
incidents to school staff, primarily because they believe school
staff will not do anything about the problem.
(6) Creating supportive learning environments for LGBTQ pupils
improves pupil performance. Pupils in schools with peer support clubs
report less harassment and assault, are more likely to report
incidents when they occur, and are less likely to miss school because
of safety concerns.
(7) The federal Centers for Disease Control and Prevention (CDC)
monitors and funds local efforts to provide professional development
for educators on safe and supportive environments for LGBTQ pupils,
foster schoolsite resources such as Gay Straight Alliance clubs and
"safe spaces" for LGBTQ pupils, and promote referrals to school and
community health professionals with experience providing support to
LGBTQ pupils.
(8) CDC data shows that only 50 percent of California schools
facilitate access to schoolsite and community health resources for
LGBTQ pupils, and only 39 percent have peer support clubs.
(b) The Legislature therefore encourages school districts, county
offices of education, and charter schools to provide information on
existing schoolsite and community resources as required by
subdivision (d) of Section 234.1 of the Education Code as part of a
more comprehensive effort to educate school staff on the support of
LGBTQ pupils.
SEC. 2. Section 234.1 of the Education Code is amended to read:
234.1. The department, pursuant to subdivision (b) of Section
64001, shall monitor adherence to the requirements of Chapter 5.3
(commencing with Section 4900) of Division 1 of Title 5 of the
California Code of Regulations and this chapter as part of its
regular monitoring and review of local educational agencies, commonly
known as the Categorical Program Monitoring process. The department
shall assess whether local educational agencies have done all of the
following:
(a) Adopted a policy that prohibits discrimination, harassment,
intimidation, and bullying based on the actual or perceived
characteristics set forth in Section 422.55 of the Penal Code and
Section 220 of this code, and 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 these actual or perceived characteristics. The policy shall
include a statement that the policy applies to all acts related to
school activity or school attendance occurring within a school under
the jurisdiction of the superintendent of the school district.
(b) Adopted a process for receiving and investigating complaints
of discrimination, harassment, intimidation, and bullying based on
any of the actual or perceived characteristics set forth in Section
422.55 of the Penal Code and Section 220 of this code, and
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 these actual or perceived
characteristics. The complaint process shall include, but not be
limited to, all of the following:
(1) A requirement that, if school personnel witness an act of
discrimination, harassment, intimidation, or bullying, they shall
take immediate steps to intervene when safe to do so.
(2) A timeline to investigate and resolve complaints of
discrimination, harassment, intimidation, or bullying that shall be
followed by all schools under the jurisdiction of the school
district.
(3) An appeal process afforded to the complainant should he or she
disagree with the resolution of a complaint filed pursuant to this
section.
(4) All forms developed pursuant to this process shall be
translated pursuant to Section 48985.
(c) Publicized antidiscrimination, antiharassment,
anti-intimidation, and antibullying policies adopted pursuant to
subdivision (a), including information about the manner in which to
file a complaint, to pupils, parents, employees, agents of the
governing board, and the general public. The information shall be
translated pursuant to Section 48985.
(d) Provided, incident to the publicizing described in subdivision
(c), to certificated schoolsite employees who serve pupils in any of
grades 7 to 12, inclusive, who are employed by the local educational
agency, information on existing schoolsite and community resources
related to the support of lesbian, gay, bisexual, transgender, and
questioning (LGBTQ) pupils. Schoolsite resources may include, but are
not limited to, peer support or affinity clubs and organizations,
safe spaces for LGBTQ pupils, counseling services, staff who have
received antibias or other training aimed at supporting these pupils
or who serve as designated support to these pupils, health and other
curriculum materials that are inclusive of, and relevant to, these
pupils, online training developed pursuant to Section 32283.5, and
other policies adopted pursuant to this article, including related
complaint procedures. Community resources may include, but are not
limited to, community-based organizations that provide support to
LGBTQ pupils and their families, and physical and mental health
providers with experience or training in treating or supporting these
pupils.
(e) Posted the policy established pursuant to subdivision (a) in
all schools and offices, including staff lounges and pupil government
meeting rooms.
(f) Maintained documentation of complaints and their resolution
for a minimum of one review cycle.
(g) Ensured that complainants are protected from retaliation and
that the identity of a complainant alleging discrimination,
harassment, intimidation, or bullying remains confidential, as
appropriate.
(h) Identified a responsible local educational agency officer for
ensuring school district or county office of education compliance
with the requirements of Chapter 5.3 (commencing with Section 4900)
of Division 1 of Title 5 of the California Code of Regulations and
this chapter.
