Bill Text: CA SB939 | 2023-2024 | Regular Session | Amended
Bill Title: Educational equity: schoolsite and community resources: neurodivergent pupils.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-08-27 - Enrolled and presented to the Governor at 2 p.m. [SB939 Detail]
Download: California-2023-SB939-Amended.html
Amended
IN
Assembly
June 17, 2024 |
Amended
IN
Senate
April 23, 2024 |
Amended
IN
Senate
March 11, 2024 |
Introduced by Senator Umberg |
January 17, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
(1)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. Existing law also requires the department to 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 or pupils who may face bias or bullying on the basis of religious affiliation or perceived religious affiliation, as specified.
This bill would require the department to additionally assess whether the local educational agency has provided information on existing schoolsite and community resources related to the support of neurodivergent pupils. To the extent the bill imposes additional duties on local educational agencies, the bill would create a state-mandated local program.
(2)
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Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
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, including immigration status, 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 local educational agency, and all acts of the governing board or body of the local educational agency, the superintendent of the school district, and the county superintendent of schools in enacting policies and procedures that govern the local educational agency.
(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, including immigration status, 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 in the case of a disagreement 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)(1)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, neurodivergent pupils, and pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation.
(2)As used in this subdivision, both of the following apply:
(A)Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ or other at-promise 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.
(B)Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ or other at-promise 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.
(i)Nothing in this section shall be construed to require school employees to engage with religious institutions in the course of identifying community support resources pursuant to this
section.