Bill Text: CA AB827 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 827	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 2, 2015
	AMENDED IN ASSEMBLY  MAY 4, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member O'Donnell

                        FEBRUARY 26, 2015

   An act to  add Article 2.5 (commencing with Section 218)
to Chapter 2 of Part 1 of Division 1 of Title 1   amend
Section 234.1  of the Education Code, relating to 
teachers.   safe schools. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 827, as amended, O'Donnell.  Teachers: in-service
training:   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   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 each  school operated by a
 school  district or   district, 
county office of  education   education, 
and  each  charter school  to provide
in-service training every school year to teachers of  
serving  pupils in  any of  grades 7 to 12, inclusive,
 and to all other   to provide to 
certificated  employees at that school,  
schoolsite employees who serve pupils in any of grades 7 to 12,
inclusive, as part of the information publicized, information on
 existing  schoolsite and community resources  for
  related to  the support of lesbian, gay,
bisexual, transgender, and questioning pupils, as specified. By
imposing additional duties on  local educational agencies,
  school districts, county offices of education, and
charter schools,  the bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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  schools
  school districts, county offices of education, and
charter schools  to  conduct   the
in-service training required by Article 2.5 (commencing with Section
218) of Chapter 2 of Part 1 of Division 1 of Title 1 of the Education
Code   provide information on existing schoolsite and
community resources as required by subdivision (c) 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.    Article 2.5 (commencing with Section
218) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the
Education Code, to read:

      Article 2.5.  In-Service Training: Lesbian, Gay, Bisexual,
Transgender, and Questioning Pupil Resources


   218.  Within the first six weeks of every school year, as part of
a regularly scheduled staff meeting, each school operated by a school
district or county office of education and each charter school shall
provide in-service training to teachers of pupils in grades 7 to 12,
inclusive, and to all other certificated employees at that school,
on schoolsite and community resources for the support of lesbian,
gay, bisexual, transgender, and questioning (LGBTQ) pupils.
   (a) As used in this section, schoolsite resources for the support
of LGBTQ pupils include, but are not limited to, all of the
following:
   (1) Peer support or affinity clubs and organizations.
   (2) Safe spaces for LGBTQ pupils.
   (3) Antibullying and harassment policies and related complaint
procedures.
   (4) Counseling services.
   (5) School staff who have received antibias or other training
aimed at supporting LGBTQ youth.
   (6) Health and other curriculum materials that are inclusive of,
and relevant to, LGBTQ youth.
   (b) As used in this section, community resources for the support
of LGBTQ pupils include, but are not limited to, all of the
following:
   (1) Community-based organizations that provide support to LGBTQ
youth.
   (2) Physical and mental health providers with experience in
treating and supporting LGBTQ youth. 
   SEC. 2.    Section 234.1 of the   Education
Code   is amended to rea   d: 
   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  Chapter 2 (commencing
with Section 200) of this part   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.  Each school district,
county office of education, and charter school serving pupils in any
of grades 7 to 12, inclusive, shall provide to certificated
schoolsite employees who serve pupils in   any of grades 7
to 12, inclusive, as part of the information publicized, 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 LGBT   Q 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 in treating and supporting these pupils.

   (d) Posted the policy established pursuant to subdivision (a) in
all schools and offices, including staff lounges and pupil government
meeting rooms.
   (e) Maintained documentation of complaints and their resolution
for a minimum of one review cycle.
   (f) Ensured that complainants are protected from retaliation and
that the identity of a complainant alleging discrimination,
harassment, intimidation, or bullying remains confidential, as
appropriate.
   (g) 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
 Chapter 2 (commencing with Section 200) of this part.
  this chapter. 
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.