AB 1318: School safety: Safe Place to Learn Act.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-05-03
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
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 provide that these and related provisions apply to school districts, county offices of education, and charter schools.
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 related to the support of pupils who may face bias or bullying on the basis of religious affiliation or perceived religious affiliation, as specified.
This bill would additionally require the department to assess whether the local educational agency has provided that information related to the support of pupils who may face bias or bullying on the basis of actual or perceived disability, gender, gender identity, gender expression, race, ethnicity, or national origin.
The bill would require a local educational agency to report to the Superintendent of Public Instruction incidents of bullying and the responses to those incidents, thereby imposing a state-mandated local program. The bill would require the report to include the perceived motivation for each bullying incident and to be made publicly available, provided that certain identifying information would not be disclosed.Existing law requires the Superintendent of Public Instruction to post, and annually update, on the departments Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity.
This bill would additionally require that list to include resources that provide support to youth, and their families, who have been subjected to those things on the basis of disability, gender, gender identity, gender expression, or sexual orientation, or perceived disability, gender, gender identity, gender expression, or sexual orientation.Existing law requires the departments Internet Web site to include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.
This bill would require the departments Internet Web site to also include model trainings and curricula that include tools and methods for addressing intergroup conflict and promoting positive intergroup relations.
The bill would require a school operated by a school district or county office of education and a charter school, before the 7th week of every school year, within the first 6 months of the 201920 school year and once every 5 years thereafter, as part of a regularly scheduled staff meeting or professional development event, to provide in-service training to certificated schoolsite employees who serve pupils in grades 7 to 12, inclusive, on tools and methods for addressing intergroup conflict and promoting positive intergroup relations, thereby imposing a state-mandated local program. The bill would require that a newly hired certificated schoolsite employee complete this training within 6 months of employment. The bill would make these provisions inoperative on July 1, 2031, and would repeal them as of January 1, 2032.
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 the statutory provisions noted above.
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.
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 related to the support of pupils who may face bias or bullying on the basis of religious affiliation or perceived religious affiliation, as specified.
This bill would additionally require the department to assess whether the local educational agency has provided that information related to the support of pupils who may face bias or bullying on the basis of actual or perceived disability, gender, gender identity, or gender expression. expression, race, ethnicity, or national origin.
The bill would require a local educational agency to report to the Superintendent of Public Instruction incidents of bullying and the responses to those incidents, thereby imposing a state-mandated local program. The bill would require the report to include the perceived motivation for each bullying incident and to be made publicly available, provided that certain identifying information would not be disclosed.
Existing law requires the Superintendent of Public Instruction to post, and annually update, on the departments Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity.
This bill would additionally require that list to include resources that provide support to youth, and their families, who have been subjected to those things on the basis of disability, gender, gender identity, gender expression, or sexual orientation, or perceived disability, gender, gender identity, gender expression, or sexual orientation.Existing law requires the departments Internet Web site to include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.
This bill would require the departments Internet Web site to also include model trainings and curricula that include tools and methods for addressing intergroup conflict and promoting positive intergroup relations.
The bill would require a school operated by a school district or county office of education and a charter school, before the 7th week of every school year, as part of a regularly scheduled staff meeting or professional development event, to provide in-service training to certificated schoolsite employees who serve pupils in grades 7 to 12, inclusive, on tools and methods for addressing intergroup conflict and promoting positive intergroup relations, thereby imposing 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 the statutory provisions noted above.
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.
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 related to the support of pupils who may face bias or bullying on the basis of religious affiliation or perceived religious affiliation, as specified.
This bill would additionally require the department to assess whether the local educational agency has provided that information related to the support of pupils who may face bias or bullying on the basis of actual or perceived disability, gender, gender identity, or gender expression.
Existing law requires the Superintendent of Public Instruction to post, and annually update, on the departments Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity.
This bill would additionally require that list to include resources that provide support to youth, and their families, who have been subjected to those things on the basis of disability, gender, gender identity, gender expression, or sexual orientation, or perceived disability, gender, gender identity, gender expression, or sexual orientation.
(a)The Legislature finds and declares all of the following:
(1)All pupils deserve and need safe, inclusive, and supportive school environments in which to learn.
(2)Since the November 2016 election, there has been an increase in the number of reports of harassment, intimidation, and discrimination across the nation. According to the Southern Poverty Law Center, schools have been the most common locations for hate incidents.
(3)Before the November 2016 election, more than two-thirds of 2,000 K12 teachers surveyed nationwide said that pupils expressed concerns or fears about what might happen to them or their families after the election. These concerns have been exacerbated since the election with reports of a disturbing rise in the targeting of pupils of color, Muslim and immigrant pupils, and lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils in schools.
(4)Research shows that LGBTQ youth are three to four times more likely than their non-LGBTQ peers to attempt suicide, and a staggering 60 percent of transgender youth report having considered suicide, according to Equality California.
(5)Despite much progress, California LGBTQ pupils often face verbal, physical, and online harassment, which has significant effects on their academic achievement.
(6)In the Gay Lesbian & Straight Education Networks (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.
(7)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.
(8)Pupils who are Muslim, Sikh, or of South Asian descent often face verbal, physical, or online harassment, all of which have significant effects on their academic achievement and mental health.
(9)Recent reports indicate that more than half of Muslim and Sikh pupils in California report that they have faced verbal threats or insults, cyberbullying, or physical assaults.
(10)The federal government has recognized the harm that is caused by this bullying and has called upon Muslim parents to contact the United States Department of Justice or the United States Department of Education if their children are bullied at school.
(11)Multiple studies demonstrate that pupils who face bullying suffer academically. Bullying is also linked to other negative outcomes, including impacts on mental health, substance use, and suicide.
(12)Research demonstrates that Muslim, Sikh, and other pupils who face hate-based bias and bullying in school do not report these incidents to school staff, primarily because they believe that school staff are not trained to address these issues.
(13)Pupils of color often experience bullying in school. According to a 2015 report from the National Center for Educational Statistics, 25 percent of African American pupils, 17 percent of Latino pupils, and 9 percent of Asian pupils reported being bullied.
(14)Since the November 2016 election, there also have been reports of increased bullying, harassment, and discrimination against immigrant pupils. Incidents include Latino pupils in a California high school being handed mock deportation letters by another pupil.
(15)Studies demonstrate that bias-based bullying is more strongly associated with negative health effects than general bullying, and race-related bullying is significantly associated with negative emotional and physical health effects.
(16)Creating supportive learning environments improves pupil performance for all communities.
(17)The United States Department of Education provides numerous resources for schools to support pupils who are facing bullying due to their religion, race, or national origin. These resources were highlighted in an open letter dated December 31, 2015, and was sent by the United States Secretary of Education to education administrators throughout the nation.
(b)The Legislature therefore encourages school districts, county offices of education, and charter schools to provide information on existing schoolsite and community resources to educate teachers, administrators, and other school staff on the support of pupils of color, Muslim, Sikh, LGBTQ, immigrant and other pupils who may face bias and or bullying, as required by subdivision (d) of Section 234.1 of the Education Code and other applicable laws.
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. 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 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. local educational agency.
(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, and including a statement reaffirming the states policy of diversity and inclusion consistent with Sections 200 and 201. 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, or related to the support of pupils who may face bias or bullying on the basis of actual or perceived disability, gender, gender identity, gender expression, race, ethnicity, national origin, or 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-risk 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-risk 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.
(j)For purposes of this section, local educational agency means a school district, county office of education, or charter school.
SEC. 3.Section 234.4 is added to the Education Code, to read:234.4.(a)A local educational agency shall report to the Superintendent incidents of bullying and the responses to those incidents. The report shall include the perceived motivation for each bullying incident.(b)A report pursuant to subdivision (a) shall be made publicly available, provided that identifying information in the report that is required by law to be kept confidential shall not be disclosed.SEC. 4.SEC. 3.Section 234.5 of the Education Code is amended to read:234.5.(a)The Superintendent shall post, and annually update, on the departments Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, disability, gender, gender identity, gender expression, sexual orientation, nationality, race, or ethnicity, or perceived religious affiliation, disability, gender, gender identity, gender expression, sexual orientation, nationality, race, or ethnicity.
(b)The departments Internet Web site shall also include both of the following:
(1)A list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.
(2)Model trainings and curricula that include tools and methods for addressing intergroup conflict and promoting positive intergroup relations. For purposes of this paragraph, intergroup has the meaning specified in Section 234.6.
SEC. 5.SEC. 4.Section 234.6 is added to the Education Code, to read:234.6.(a)For purposes of this section, intergroup means between groups that are defined by race, ethnicity, national origin, religious affiliation, sexual orientation, disability, economic status, age, sex, or gender, including gender expression and identity.
(b)Before the seventh week of every school year, as part of a regularly scheduled staff meeting or professional development event, a A school operated by a school district or county office of education and a charter school shall provide in-service training to certificated schoolsite employees who serve pupils in grades 7 to 12, inclusive, on tools and methods for addressing intergroup conflict and promoting positive intergroup relations. relations within the first six months of the 201920 school year, and once every five years thereafter, as part of a regularly scheduled staff meeting or professional development event. A newly hired certificated schoolsite employee shall complete this training within six months of employment.
(c)This section shall become inoperative on July 1, 2031, and, as of January 1, 2032, is repealed.
SEC. 6.SEC. 5.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.
(a)The Legislature finds and declares all of the following:
(1)All pupils deserve and need safe, inclusive, and supportive school environments in which to learn.
(2)Since the November 2016 election, there has been an increase in the number of reports of harassment, intimidation, and discrimination across the nation. According to the Southern Poverty Law Center, schools have been the most common locations for hate incidents.
(3)Before the November 2016 election, more than two-thirds of 2,000 K12 teachers surveyed nationwide said that pupils expressed concerns or fears about what might happen to them or their families after the election. These concerns have been exacerbated since the election with reports of a disturbing rise in the targeting of pupils of color, Muslim and immigrant pupils, and lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils in schools.
(4)Research shows that LGBTQ youth are three to four times more likely than their non-LGBTQ peers to attempt suicide, and a staggering 60 percent of transgender youth report having considered suicide, according to Equality California.
(5)Despite much progress, California LGBTQ pupils often face verbal, physical, and online harassment, which has significant effects on their academic achievement.
(6)In the Gay Lesbian & Straight Education Networks (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.
(7)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.
(8)Pupils who are Muslim, Sikh, or of South Asian descent often face verbal, physical, or online harassment, all of which have significant effects on their academic achievement and mental health.
(9)Recent reports indicate that more than half of Muslim and Sikh pupils in California report that they have faced verbal threats or insults, cyberbullying, or physical assaults.
(10)The federal government has recognized the harm that is caused by this bullying and has called upon Muslim parents to contact the United States Department of Justice or the United States Department of Education if their children are bullied at school.
(11)Multiple studies demonstrate that pupils who face bullying suffer academically. Bullying is also linked to other negative outcomes, including impacts on mental health, substance use, and suicide.
(12)Research demonstrates that Muslim, Sikh, and other pupils who face hate-based bias and bullying in school do not report these incidents to school staff, primarily because they believe that school staff are not trained to address these issues.
(13)Pupils of color often experience bullying in school. According to a 2015 report from the National Center for Educational Statistics, 25 percent of African American pupils, 17 percent of Latino pupils, and 9 percent of Asian pupils reported being bullied.
(14)Since the November 2016 election, there also have been reports of increased bullying, harassment, and discrimination against immigrant pupils. Incidents include Latino pupils in a California high school being handed mock deportation letters by another pupil.
(15)Studies demonstrate that bias-based bullying is more strongly associated with negative health effects than general bullying, and race-related bullying is significantly associated with negative emotional and physical health effects.
(16)Creating supportive learning environments improves pupil performance for all communities.
(17)The United States Department of Education provides numerous resources for schools to support pupils who are facing bullying due to their religion, race, or national origin. These resources were highlighted in an open letter dated December 31, 2015, and was sent by the United States Secretary of Education to education administrators throughout the nation.
(b)The Legislature therefore encourages school districts, county offices of education, and charter schools to provide information on existing schoolsite and community resources to educate teachers, administrators, and other school staff on the support of pupils of color, Muslim, Sikh, LGBTQ, immigrant and other pupils who may face bias and or bullying, as required by subdivision (d) of Section 234.1 of the Education Code and other applicable laws.
SECTION 1.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, anti-harassment, 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. public, and including a statement reaffirming the states policy of diversity and inclusion consistent with Sections 200 and 201. 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, or related to the support of pupils who may face bias or bullying on the basis of actual or perceived disability, gender, gender identity, gender expression, race, ethnicity, national origin, or 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-risk 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-risk 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.
SEC. 3.Section 234.4 is added to the Education Code, to read:234.4.(a)A local educational agency shall report to the Superintendent incidents of bullying and the responses to those incidents. The report shall include the perceived motivation for each bullying incident.
(b)A report pursuant to subdivision (a) shall be made publicly available, provided that identifying information in the report that is required by law to be kept confidential shall not be disclosed.
SEC. 2.SEC. 4.Section 234.5 of the Education Code is amended to read:234.5.(a)The Superintendent shall post, and annually update, on the departments Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, disability, gender, gender identity, gender expression, sexual orientation, nationality, race, or ethnicity, or perceived religious affiliation, disability, gender, gender identity, gender expression, sexual orientation, nationality, race, or ethnicity.
(b)The departments Internet Web site shall also include a both of the following:
(1)A list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.
(2)Model trainings and curricula that include tools and methods for addressing intergroup conflict and promoting positive intergroup relations. For purposes of this paragraph, intergroup has the meaning specified in Section 234.6.
SEC. 5.Section 234.6 is added to the Education Code, to read:234.6.(a)For purposes of this section, intergroup means between groups that are defined by race, ethnicity, national origin, religious affiliation, sexual orientation, disability, economic status, age, sex, or gender, including gender expression and identity.
(b)Before the seventh week of every school year, as part of a regularly scheduled staff meeting or professional development event, a school operated by a school district or county office of education and a charter school shall provide in-service training to certificated schoolsite employees who serve pupils in grades 7 to 12, inclusive, on tools and methods for addressing intergroup conflict and promoting positive intergroup relations.
SEC. 6.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.
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, anti-harassment, 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, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived actual or perceived disability, gender, gender identity, gender expression, or 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-risk 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-risk 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.
SEC. 2.Section 234.5 of the Education Code is amended to read:234.5.(a)The Superintendent shall post, and annually update, on the departments Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, disability, gender, gender identity, gender expression, sexual orientation, nationality, race, or ethnicity, or perceived religious affiliation, disability, gender, gender identity, gender expression, sexual orientation, nationality, race, or ethnicity.
(b)The departments Internet Web site shall also include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.
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Date
|
Status
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|---|---|
| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 26, 2017 | In committee: Held under submission. |
| May 17, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 4, 2017 | Re-referred to Com. on APPR. |
| May 3, 2017 | Read second time and amended. |
| May 2, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 26). |
| Apr 19, 2017 | Re-referred to Com. on ED. |
| Apr 18, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Apr 5, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 13, 2017 | Referred to Com. on ED. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
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|
|---|---|---|---|---|
| Apr 26, 2017 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Advancement Project | * Support | May 1, 2017 |
| Alliance for Boys and Men of Color | ** Support | Apr 25, 2017 |
| American Civil Liberties Union of California | ** Support | Apr 25, 2017 |
| Asian Americans Advancing Justice-California | ** Support | Apr 25, 2017 |
| Asian Law Alliance | ** Support | Apr 25, 2017 |
| Asian Pacific Policy & Planning Council | ** Support | Apr 25, 2017 |
| California Academy of Child & Adolescent Psychiatry | ** Support | Apr 25, 2017 |
| California Black Health Network | ** Support | Apr 25, 2017 |
| California School-Based Health Alliance | ** Support | Apr 25, 2017 |
| California Teachers Association | ** Support | Apr 25, 2017 |
| Council on American-Islamic Relations, California Chapter | ** Support | Apr 25, 2017 |
| Equality California | ** Support | Apr 25, 2017 |
| Fathers & Families of San Joaquin | ** Support | Apr 25, 2017 |
| InnerCity Struggle | ** Support | Apr 25, 2017 |
| Korean Resource Center | ** Support | Apr 25, 2017 |
| Latino Coalition for a Healthy California | ** Support | Apr 25, 2017 |
| National Association of Social Workers California Chapter | ** Support | Apr 25, 2017 |
| National Association of Social Workers - California Chapter | ** Support | Apr 25, 2017 |
| National Association of Social Workers - California Chapter | ** Support | Apr 25, 2017 |
| OCA-Greater Los Angeles | ** Support | Apr 25, 2017 |
| Services, Immigrant Rights & Education Network | ** Support | Apr 25, 2017 |
| Social Justice Learning Institute | ** Support | Apr 25, 2017 |
Date of Hearing: May 17, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1318
Author:(Chiu) – As Amended Ver:May 3, 2017
Policy Committee: | Education | Vote: | 6 - 1 |
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| ||
|
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires a local educational agency (LEA) to provide staff member’s information about local resources available to support pupils subject to bias and discrimination; requires professional development trainings of certificated staff to address intergroup conflict; and requires the California Department of Education (CDE) to provide specific information on its website related to bias and discrimination and intergroup conflict. Specifically, this bill:
- Requires local education agencies (LEAs) with schools serving pupils in grades 7 to 12 to provide certificated school employees information on existing schoolsite and community resources related to the support of pupils who may face bias or bullying, and includes this requirement in the items that the CDE is required to monitor as a part of its regular monitoring and review of LEAs, known as the Federal Program Monitoring (FPM) process.
- Requires the CDE to post, and update annually, on the department website and provide to each school district a list of statewide resources.
- Requires the CDE to post model trainings and curricula on tools and methods for addressing intergroup conflict and the promotion of positive intergroup relations, on its website.
- Requires every school, operated by a school district, county office of education, or charter school, serving pupils in grades 7 to 12, to provide in-service training to certificated schoolsite employees on tools and methods for addressing intergroup conflict and promoting positive intergroup relations. This training is to be provided within the first six months of the 2019–20 school year, and once every five years thereafter.
FISCAL EFFECT:
- Approximately, $108,000 on-going administrative costs to the CDE.
- General Fund cost pressures likely in the hundreds of thousands of dollars associated with reimbursable state mandate costs. School districts will have to compile information, report to the CDE and provide in-service professional development (PD) training to certificated employees. In-service PD time is generally negotiated through labor union contracts. Districts would have to contract with a service provider with expertise to provide the training or hire full-time staff to conduct professional development trainings. For large districts, in-service PD could mean conducting daily training to meet the large volume of certificated employees required to be trained by this bill.
COMMENTS:
- Purpose. According to the author, “This bill strengthens the Safe Place to Learn Act, which addresses discrimination, harassment, intimidation and bullying based on the actual or perceived characteristics of a student including disability, gender, gender expression, nationality, race or ethnicity, religion, sexual orientation through the adoption of policies and investigation complaint procedures…Since the 2016 Presidential election cycle, there has been an increase in hate incidents. According to the Southern Poverty Law Center, most of the nearly 900 incidents reported to them nationwide in the ten days following the November 2016 election occurred at schools. These incidents often go unreported because students do not believe that teachers are trained to address these issues, according to findings from a report produced by the Council of American- Islamic Relations, California Chapter. AB 1318 seeks to prevent these incidents by providing tools and resources to school employees through trainings to cultivate positive intergroup relations on school campuses.”
- Background. Existing law 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 crime. The SPI is required to post, and annually update, on the department’s website and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity.
The CDE is also required to monitor, through its federal program monitoring process, whether LEAs have adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics; a process for receiving and investigating complaints; and additional requirements including providing certificated school employees in schools serving pupils in grades 7 to 12 information on existing school site and community resources.
- Related Legislation. AB 699 (O’Donnell) prohibits discrimination based on immigrant status and provides education and support to immigrant students and their families. The bill in this Committee on Suspense.
AB 2845 (Williams), Chapter 621, Statutes of 2016, requires the CDE, as part of its existing compliance monitoring activities, to assess whether LEAs have provided information to staff serving students in grades 7 through 12 on resources related to bullying due to religious affiliation, and requires the CDE to post on its website a list of the resources that support students who have been subject to school-based discrimination on the basis of actual or perceived religious affiliation, nationality, race or ethnicity.
AB 827 (O’Donnell), Chapter 562, Statutes of 2015, 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 lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students.
Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081
Date of Hearing: April 26, 2017
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 1318 (
Author:Chiu) – As Amended Ver:April 18, 2017
SUBJECT: School safety: Safe Place to Learn Act
SUMMARY: Requires schools to provide staff members information about local resources available to support pupils subject to bias and discrimination based on certain actual or perceived characteristics; requires annual trainings of school staff on addressing intergroup conflict; requires reporting of bullying incidents to the Superintendent of Public Instruction (SPI); and requires the California Department of Education (CDE) to provide specific information on its website related to bias and discrimination and intergroup conflict. Specifically, this bill:
- Expresses findings and declarations regarding the importance of safe, inclusive, and supportive school environments for all pupils and the pressing need to prevent harassment, intimidation, and discrimination on school campuses, due to rising incidences of such actions.
- Encourages school districts, county offices of education, and charter schools to provide information on existing schoolsite and community resources to educate teachers, administrators, and other school staff on the support of pupils of color, Muslim, Sikh, LGBTQ, immigrant and other pupils who may face bias and or bullying.
- Requires that local education agencies (LEAs) with schools serving pupils in grades 7 to 12 provide certificated school employees information on existing schoolsite and community resources related to the support of pupils who may face bias or bullying, on the basis of actual or perceived disability, gender, gender identity, gender expression, race, ethnicity, or national origin, to existing provisions regarding the provision of such resources to support lesbian, gay, bisexual, transgender, and questioning pupils as well as for pupils facing bias or bullying on the basis of actual or perceived religious affiliation. Includes this requirement in the items that the CDE is required to monitor as a part of its regular monitoring and review of LEAs, known as the Federal Program Monitoring (FPM) process.
- Requires the antidiscrimination, antiharassment, anti-intimidation, and antibullying policy that LEAs are required to adopt, and the CDE is required to monitor, to include a statement reaffirming the state’s policy of diversity and inclusion.
- Requires LEAs to report to the SPI on incidents of bullying, the responses to those incidents, and the perceived motivation for each bullying incident. Requires this report to be made publicly available, subject to confidentiality provisions of current law.
- Requires the CDE to post, and update annually, on the department website and provide to each school district a list of statewide resources, including community-based organizations that provide support to youth, and their families, who have been subject to school-based discrimination, harassment, intimidation, or bullying on the basis of actual or perceived disability, gender, gender identity, gender expression, or sexual orientation, to existing requirements to provide such information in support of pupils based upon their actual or perceived religious affiliation, nationality, race, or ethnicity.
- Requires the CDE to post model trainings and curricula on tools and methods for addressing intergroup conflict and the promotion of positive intergroup relations, on its website.
- Defines “intergroup” as between groups that are defined by race, ethnicity, national origin, religious affiliation, sexual orientation, disability, economic status, age, sex, or gender, including gender expression and identity.
- Requires every school, operated by a school district, county office of education, or charter school, serving pupils in grades 7 to 12, to provide in-service training to certificated schoolsite employees on tools and methods for addressing intergroup conflict and promoting positive intergroup relations. Such training is to be provided within the first seven weeks of every school year, as part of a regularly scheduled staff meeting or professional development event.
EXISTING LAW:
- 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. (EC 220, Penal Code 422.55)
- Requires the SPI to post, and annually update, on the department’s website and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity. (EC 234.5)
- Requires the CDE to monitor, through its federal program monitoring process, whether LEAs have: (EC 234.1)
- Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics defined as hate crimes, 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 must 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.
- Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying, including:
- A requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so;
- A timeline for the investigation and resolution of complaints, and an appeal process.
- Publicized antidiscrimination, antiharassment, anti-intimidation, and antibullying policies, including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public.
- Provided certificated school employees in schools serving pupils in grades 7 to 12, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation.
- Posted the policy in all schools and offices, including staff lounges and pupil government meeting rooms.
- Maintained documentation of complaints and their resolution for a minimum of one review cycle.
- Ensured that complainants are protected from retaliation and that their identity remains confidential, as appropriate.
- Identified a responsible LEA officer for ensuring compliance.
- Requires the CDE to display current information, and periodically update information, on curricula and other resources that specifically address bias-related discrimination, harassment, intimidation, cyber sexual bullying, and bullying on its website. (EC 234.2)
- Requires the CDE to develop, and post on its website, a model handout describing the policies addressing bias-related discrimination, harassment, intimidation, and bullying in schools.(EC 234.3)
FISCAL EFFECT: The Office of Legislative Counsel has keyed this bill as a state-mandated local program.
COMMENTS:
Need for the bill. According to the author, “This bill strengthens the Safe Place to Learn Act, which addresses discrimination, harassment, intimidation and bullying based on the actual or perceived characteristics of a student including disability, gender, gender expression, nationality, race or ethnicity, religion, sexual orientation through the adoption of policies and investigation complaint procedures.
Since the 2016 Presidential election cycle, there has been an increase in hate incidents. According to the Southern Poverty Law Center, most of the nearly 900 incidents reported to them nationwide in the ten days following the November 2016 election occurred at schools. These incidents often go unreported because students do not believe that teachers are trained to address these issues, according to findings from a report produced by the Council of American-Islamic Relations, California Chapter.
AB 1318 seeks to prevent these incidents by providing tools and resources to school employees through trainings to cultivate positive intergroup relations on school campuses. The bill requires that the CDE post available best practices and resources for LEAs on an internet website. Additionally, the bill improves communication regarding diversity and inclusion among students, guardians and school employees by requiring that a notice be sent to all to reaffirm the values of inclusion and diversity.
Finally, AB 1318 adds a reporting requirement to ensure transparency and accountability in addressing intergroup conflicts. This measure requires that incidents of discrimination, intimidation, harassment and bullying, including the perceived motivation, and the LEA’s responses to be reported to the SPI and made publicly available. This is an important mechanism to identify any trends in the types of incidents occurring and provides an opportunity to assess and improve school practices to address them.”
Surveys of California Muslim and Sikh students find high rates of bullying. A 2015 report published by the California chapter of the Council on American-Islamic Relations, titled Mislabeled: The Impact of School Bullying and Discrimination on California Muslim Students, reported data from surveys of 500 Muslim students in California:
- 55% of students surveyed reported being subjected to some form of bullying based on their religious identity. This is twice as high as the national percentage of students who report being bullied at school;
- 29% of the female students who wear a hijab, the Islamic headscarf, reported being offensively touched by another student, and 27% reported being discriminated against by their teacher;
- 19% of students reported cyberbullying based on religion;
- 20% of students reported that school staff either made offensive comments about the students’ religion;
- 20% of students who reported bullying were unhappy with the response from school administrators.
A 2014 publication by the Sikh Coalition, titled “Go Home Terrorist:” A Report on Bullying Against Sikh American School Children reported data from a survey and focus groups with several hundred Sikh students in Fresno:
- 54% of Sikh youth have experienced bullying or harassment, 21% report being bullied or harassed at least once a week, and 13% report bullying almost daily;
- 67% of Sikh youth who wear turbans and maintain uncut hair in accordance with religious beliefs have experienced bullying and harassment;
- 63% of those bullied believed they were bullied on the basis of religion or ethnicity, and almost 27% believed it was because other students thought they looked like terrorists;
- 51% of Sikh youth believe school officials do not respond adequately to bullying incidents.
Bias against LGBTQ students. The Gay Lesbian Straight Education Network’s (GLSEN) 2013 National School Climate Survey found that:
- 91% of California LGBTQ students report hearing anti-LGBTQ remarks;
- 7 in 10 reported being called names or threatened based on their sexual orientation;
- Nearly one-third report physical harassment or assault;
- 46% report cyberbullying;
- LGBTQ students who are harassed do not report these incidents to school staff, primarily because they believe school staff will not address these problems.
This bill expands the requirement for CDE to assess whether LEAs are providing information on local resources to support pupils who face discrimination, harassment, intimidation, or bullying, on the basis of actual or perceived characteristics, including disability, gender, gender identity, gender expression, sexual orientation, race, ethnicity, or national origin by adding additional protected classes. The bill also requires a LEA’s antidiscrimination, antiharassment, anti-intimidation, and antibullying policy to include a diversity and inclusion statement. Although the author references all schools, including charter schools, in the findings and declarations, these provisions do not currently apply to charter schools.
Staff recommends that the bill be amended to require all public schools, including charter schools, to adopt such policies and to provide the specified resources to school staff to support pupils.
The bill requires LEAs to report to the SPI, all incidents of bullying, including the responses to those incidents, and the perceived motivation for each bullying incident. The report is to be made public, subject to confidentiality provisions. The bill does not specify when, or how often, this report is to be submitted.
Existing law requires LEAs to have a process in place to receive, investigate, and resolve allegations of discrimination, harassment, intimidation, and bullying based on actual or perceived characteristics. This must include an appeal process and a requirement to maintain documentation of such complaints and their resolution for a specified period. These provisions are subject to monitoring by the CDE through their Federal Program Monitoring process.
Staff recommends the reporting requirements related to bullying incidents be deleted from the bill as this provision would create a substantial mandate at both the local and state level and it is not clear how this information would be collected, reported and utilized.
The bill requires CDE to post, on the department’s website, lists of statewide resources, that provide support to pupils who have been subject to school-based discrimination, harassment, intimidation, or bullying on the basis of additional protected characteristics beyond what is required in current law.
The bill requires the CDE to post model trainings and curricula on tools and methods to address intergroup conflict and the promotion of positive intergroup relations on its website. It is not clear if the CDE is required to develop such trainings and curricula, or to review existing trainings and curricula. The committee may wish to consider whether this should be clarified within the bill.
AB 1318 requires training of all certificated schoolsite employees at schools, operated by a school district, county office of education, or charter school, serving pupils in grades 7-12 on the tools and methods for addressing intergroup conflict and promoting positive intergroup relations prior to the seventh week of every school year, as part of a regularly scheduled staff meeting or professional development event.
Staff recommends that the bill be amended to reduce the frequency of the required staff training on intergroup conflict and the promotion of positive intergroup relations and to remove the requirement that it be conducted within the first seven weeks of the school year.
Prior legislation. AB 699 (O’Donnell) of this Session prohibits discrimination based on immigrant status and provides education and support to immigrant students and their families. The bill passed out of this Committee and is now pending in the Assembly Judiciary Committee.
AB 2845 (Williams), Chapter 621, Statutes of 2016 requires the CDE, as part of its existing compliance monitoring activities, to assess whether LEAs have provided information to staff serving students in grades 7 through 12 on resources related to bullying due to religious affiliation, and requires the CDE to post on its website a list of the resources that support students who have been subject to school-based discrimination on the basis of actual or perceived religious affiliation, nationality, race or ethnicity.
AB 827 (O’Donnell), Chapter 562, Statutes of 2015 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 lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students.
AB 514 (Bonta), Chapter 514, Statutes of 2013 expands the existing list of resources the SPI is required to post on the CDE website to include resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home and at school.
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, and requires the policies to include complaint procedures and alternative discipline policies for pupils who engage in this behavior.
AB 394 (Levine), Chapter 394, Statutes of 2007, requires the CDE to assess local educational agencies, as part of CDE’s existing monitoring process, for compliance with specific anti-discrimination and harassment policies and procedures, and display on their website specific bias-related and discrimination and harassment information.
REGISTERED SUPPORT / OPPOSITION:
Support
Advancement Project (Sponsor)
Asian Americans Advancing Justice-California (Sponsor)
Council on American-Islamic Relations, California Chapter (Sponsor)
Equality California (Sponsor)
Alliance for Boys and Men of Color
American Civil Liberties Union of California
Asian Law Alliance
Asian Pacific Policy & Planning Council
California Academy of Child & Adolescent Psychiatry
California Black Health Network
California School-Based Health Alliance
California Teachers Association
Fathers & Families of San Joaquin
InnerCity Struggle
Korean Resource Center
Latino and Latina Roundtable of the San Gabriel & Pomona Valley
Latino Coalition for a Healthy California
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
National Association of Social Workers – California Chapter
OCA-Greater Los Angeles
Riverside County Alliance for Boys and Men of Color
Services, Immigrant Rights & Education Network
Social Justice Learning Institute
Opposition
None on file
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087
Discussed in Hearing
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Education
Bill Author
Bill Co-Author(s):