CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 493

Author:(Gloria)

As Amended Ver:September 6, 2019

Majority vote

SUMMARY:

Requires that, no later than July 1, 2021, the California Department of Education (CDE) develop resources or update existing resources for in-service training on schoolsite and community resources for the support of Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning (LGBTQ) students, for use in local educational agencies (LEAs) and charter schools serving students in grades 7-12. Requires the CDE to periodically provide online trainings on this topic that can be accessed on a statewide basis.

The Senate Amendments:

1. Delete the requirement that LEAs and charter schools provide online training to all certificated employees on school site and community resources for the support of LGBTQ students.
2. Delete the requirement that, contingent upon an appropriation, the CDE award competitive grants to LEAs and charter schools for the purpose of conducting in-person trainings on schoolsite and community resources for the support of LGBTQ students.
3. Delete requirements specifying how the CDE would develop the online training curriculum.
4. Require that, no later than July 1, 2021, the CDE develop resources or update existing resources for in-service training on school site and community resources for the support of LGBTQ students, and strategies to increase support these students and improve overall school climate, for use in LEAs and charter schools serving students in grades 7-12.
5. Encourage LEAs and charter schools to use the resources developed by the CDE to provide training to certificated employees at schools serving students in grades 7-12, at least once every two years.
6. Require the CDE to periodically provide online trainings that can be accessed on a statewide basis.

COMMENTS:

Bias against LGBTQ students impacts academic outcomes. Research suggests that bias against LGBTQ students can have a deleterious effect on school performance.

The Gay Lesbian Straight Education Network's (GLSEN) 2015 National School Climate Survey found that 87% of California LGBTQ students report hearing anti-LGBTQ remarks, 63% report verbal harassment based on their sexual orientation, and 24% report physical harassment or assault. Of those, 62% of students never reported the harassment or assault to school staff. Of those who did, only 39% of those students who reported incidents said it resulted in effective staff intervention.

GLSEN's national data suggest that these experiences have an effect on academic behavior and outcomes. The 2015 report found that LGBTQ students who experienced higher levels of victimization because of their sexual orientation:

1. Were more than three times as likely to have missed school in the past month than those who experienced lower levels (62.2% vs. 20.1%);
2. Had lower grade point averages than students who were less often harassed (2.9 vs. 3.3);
3. Were twice as likely to report that they did not plan to pursue any post-secondary education than those who experienced lower levels (10.0% vs. 5.2%);
4. Were more likely to have been disciplined at school (54.9% vs. 32.1%), and had lower self-esteem and school belonging and higher levels of depression.

According to the Author:

"The bullying and name calling I experienced in school as a young gay kid is still a reality for today's LGBTQ youth. No child should have to experience that. Students should feel safe, accepted, included, and supported in their school. Equipping educators with resources to better support LGBTQ students will create a safer and more inclusive environment for these students to be successful."

Arguments in Support:

The LGBTQ Center, Long Beach writes, "In times of need or crisis, students often turn to their schools and their teachers for support. Schools are the most important institution in a child's life. They're where we are taught to respect ourselves and others. They're where we learn the basic values of equality and justice. We need to empower California educators and school staff by ensuring they have the tools and training to support LGBTQ students."

Arguments in Opposition:

Christian Educators Association International writes, "We don't believe that AB 493 will have positive results, and we ask you to oppose it for the following reasons: 1) Any training like this should be optional for educators, many of whom hold different views about sexuality and gender that are protected by the Free Exercise Clause of the First Amendment; 2) Decisions about these issues are best left to local school districts who are better in touch with their communities and student needs; 3) The text of this bill suggests that it would promote exclusively LGBTQ clubs and safe spaces on campus, rather than encouraging participation in a variety of clubs and meeting the needs of differing student populations. This creates a "favored" group dynamic that is typically harmful to school culture; 4) This bill may violate the Establishment Clause of the First Amendment which requires government neutrality on religion."

FISCAL COMMENTS:

According to the Senate Appropriations Committee, based on the June 14, 2019 version of the bill, by requiring LEAs to provide professional development training to employees on resources for the support of LGBTQ students every two years, this bill could create a reimbursable state mandate resulting in Proposition 98 General Fund costs ranging in the hundreds of thousands of dollars to low millions of dollars each year. A precise cost would depend on the number of employees and the extent of the training provided at each school. Assuming there are about 130,000 certificated employees in roughly 2,600 middle, junior and high schools statewide and if districts were to spend an average of $50 for staff time and training for each of these employees, the annual costs would be approximately $3.25 million.

VOTES:

ASM EDUCATION: 5-0-1

YES: O'Donnell, Kalra, McCarty, Smith, Weber

ABS, ABST OR NV: Kiley

ASM APPROPRIATIONS: 14-2-2

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow, Brough

ABS, ABST OR NV: Fong, Obernolte

ASSEMBLY FLOOR: 61-0-19

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Chu, Cooper, Cunningham, Daly, Diep, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Maienschein, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Bigelow, Brough, Choi, Cooley, Dahle, Flora, Fong, Gallagher, Eduardo Garcia, Gray, Kiley, Low, Mathis, Melendez, Obernolte, Patterson, Ting, Voepel, Waldron

SENATE FLOOR: 31-0-9

YES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Bates, Borgeas, Chang, Dahle, Grove, Jones, Moorlach, Morrell, Stone

UPDATED:

VERSION: September 6, 2019

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0002409

 THIRD READING  

Bill No: AB 493

Author: Gloria (D), et al.

Amended: 9/6/19 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 6-0, 7/10/19

AYES: Leyva, Wilk, Durazo, Glazer, McGuire, Pan

NO VOTE RECORDED: Chang

SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/30/19

AYES: Portantino, Bradford, Durazo, Hill, Wieckowski

NOES: Jones

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 61-0, 5/28/19 - See last page for vote

SUBJECT: Teachers: lesbian, gay, bisexual, transgender, queer, and questioning pupil resources and training

SOURCE: State Superintendent of Public Instruction

Equality California

DIGEST:

This bill requires all public schools to provide online training at least once every two years to teachers for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) students.

Senate Floor Amendments of 9/6/19 encourage school districts, county offices of education, and charter schools to provide LGBTQ student support training at least every two years to teacher and other certificated employees that serve pupils in grades 7 to 12, inclusive.

ANALYSIS:

Existing law:

1. Prohibits discrimination on the basis of sexual orientation, gender, gender identity, or gender expression in any educational program or activity by an educational institution receiving state funds.
2. Requires the California Department of Education (CDE), as part of its compliance monitoring, to assess whether local educational agencies (LEAs) have provided information to certificated staff serving grades 7-12 on school site and community resources for LGBTQ students.
3. Requires the CDE to monitor LEAs for adoption of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression.
4. Requires the CDE to monitor LEAs for adoption of processes for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying, and establishes complaint procedures.
5. Requires the inclusion of the contributions of lesbian, gay, bisexual, and transgender Americans in instruction on California and United States history, and prohibits, in instructional materials, a matter which reflects adversely upon persons because of their sexual orientation, gender, gender identity, or gender expression.

This bill:

1. Requires, no later than July 1, 2021, CDE to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of LGBTQ pupils, and strategies to increase support for LGBTQ pupils and thereby improve overall school climate.
2. Encourages school districts, county offices of education, and charter schools to use the resources developed by CDE to provide training at least once every two years to teachers and other certificated staff serving pupils in grades 7 to 12, inclusive.
3. Defines schoolsite resources for the support of LGBTQ students to include:
   1. Peer support or affinity clubs and organizations.
   2. Safe spaces for LGBTQ students.
   3. Anti-bullying and harassment policies, and related complaint procedures.
   4. Counseling services.
   5. School staff who have received anti-bias or other training aimed at supporting LGBTQ youth.
   6. Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth.
   7. Suicide prevention policies and related procedures.
   8. Policies relating to use of school facilities.
   9. Policies and procedures to protect the privacy of LGBTQ pupils.
4. Defines community resources for the support of LGBTQ students to include, but not be limited to:
   1. Community-based organizations that provide support to LGBTQ youth.
   2. Physical and mental health providers with experience in treating and supporting LGBTQ youth.

Comments

1. Need for the bill. According to the author, “The bullying and name calling I experienced in school as a young gay kid is still a reality for today’s LGBTQ youth. No child should have to experience that. Students should feel safe, accepted, included, and supported in their school. Equipping educators with resources to better support LGBTQ students will create a safer and more inclusive environment for these students to be successful.”
2. National School Climate Survey findings and recommendations. Research suggests that bias against LGBTQ students can have a harmful effect on school performance.

The Gay Lesbian Straight Education Network’s (GLSEN) 2015 National School Climate Survey of found that 87 percent of California LGBTQ students report hearing anti-LGBTQ remarks, 63 percent report verbal harassment based on their sexual orientation, 24 percent report physical harassment, and or assault. Of those, 62 percent of students never reported the harassment or assault to school staff. Of those who did, only 39 percent of those students who reported incidents said it resulted in effective staff intervention.

GLSEN’s national data suggest that these experiences have an effect on academic behavior and outcomes. The 2015 report found that LGBTQ students who experienced higher levels of victimization because of their sexual orientation:

• 1. Were more than three times as likely to have missed school in the past month than those who experienced lower levels.
  2. Had lower grade point averages than students who were less often harassed.
  3. Were twice as likely to report that they did not plan to pursue any post-secondary education than those who experienced lower levels.
  4. Were more likely to have been disciplined at school, and had lower self-esteem and school belonging and higher levels of depression.
  5. GLSEN’s survey also included the following recommendations for states:
  6. Increasing student access to appropriate and accurate information regarding LGBT people, history, and events through inclusive curricula and library and Internet resources;
  7. Supporting student clubs, such as GSAs, that provide support for LGBTQ students and address LGBT issues in education;
  8. Providing professional development for school staff to improve rates of intervention and increase the number of supportive teachers and other staff available to students;
  9. Ensuring that school policies and practices, such as those related to dress codes and school dances, do not discriminate against LGBTQ students; and
  10. Adopting and implementing comprehensive bullying/harassment policies that specifically enumerate sexual orientation, gender identity, and gender expression in individual schools and districts, with clear and effective systems for reporting and addressing incidents that students experience.

Related/Prior Legislation

AB 2153 (Thurmond, 2018) would have required schools to provide in-service training to teachers on school site and community resources available for the support of LGBTQ students. The bill was vetoed by Governor Brown, who stated:

I signed AB 827 (O'Donnell) in 2015, which required the Department of Education, as part of its compliance monitoring, to assess whether local schools have provided information to certificated staff serving of grades 7-12 on school site and community resources for LGBTQ students. Current law also requires the Department to monitor local schools to ensure the adoptions of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression.

If local schools find that more training or resources on this topic is needed, they have the flexibility to use their resources as they see best.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, by requiring LEAs to provide professional development training to employees on resources for the support of LGBTQ students every two years, this bill could create a reimbursable state mandate resulting in Proposition 98 General Fund costs ranging in the hundreds of thousands of dollars to low millions of dollars each year. A precise cost would depend on the number of employees and the extent of the training provided at each school. Assuming there are about 130,000 certificated employees in roughly 2,600 middle, junior and high schools statewide and if districts were to spend an average of $50 for staff time and training for each of these employees, the annual costs would be approximately $3.25 million.

SUPPORT: (Verified 9/6/19)

State Superintendent of Public Instruction (co-source)

Equality California (co-source)

Alliance for Children's Rights

American Civil Liberties Union of California

Anti-Defamation League

Asian Americans Advancing Justice

Bay Area Student Activists

California Association for Health, Physical Education, Recreation & Dance

California Council of Community Behavioral Health Agencies

California Federation of Teachers

California Music Educators Association

California State PTA

California Teachers Association

End Violence Against Women International

LGBTQ Center Long Beach

National Association of Social Workers, California Chapter

National Center for Lesbian Rights

National Survivor Network

San Diego County Office of Education

San Diego Unified School District

San Francisco Youth Commission

Santa Barbara Women’s Political Committee

South Bay Union School District

Teach Plus

OPPOSITION: (Verified 9/6/19)

California Right to Life Committee

Christian Educators Association International

Family Watch International

International Federation for Therapeutic and Counseling Choice

ASSEMBLY FLOOR: 61-0, 5/28/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Chu, Cooper, Cunningham, Daly, Diep, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Maienschein, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Bigelow, Brough, Choi, Cooley, Dahle, Flora, Fong, Gallagher, Eduardo Garcia, Gray, Kiley, Low, Mathis, Melendez, Obernolte, Patterson, Ting, Voepel, Waldron

Prepared by: Ian Johnson / ED. /

9/9/19 18:35:04

**** END ****

 THIRD READING  

Bill No: AB 493

Author: Gloria (D), et al.

Amended: 6/14/19 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 6-0, 7/10/19

AYES: Leyva, Wilk, Durazo, Glazer, McGuire, Pan

NO VOTE RECORDED: Chang

SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/30/19

AYES: Portantino, Bradford, Durazo, Hill, Wieckowski

NOES: Jones

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 61-0, 5/28/19 - See last page for vote

SUBJECT: Teachers: lesbian, gay, bisexual, transgender, queer, and questioning pupil resources and training

SOURCE: State Superintendent of Public Instruction

Equality California

DIGEST:

This bill requires all public schools to provide online training at least once every two years to teachers for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) students.

ANALYSIS:

Existing law:

1. Prohibits discrimination on the basis of sexual orientation, gender, gender identity, or gender expression in any educational program or activity by an educational institution receiving state funds.
2. Requires the California Department of Education (CDE), as part of its compliance monitoring, to assess whether local educational agencies (LEAs) have provided information to certificated staff serving grades 7-12 on school site and community resources for LGBTQ students.
3. Requires the CDE to monitor LEAs for adoption of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression.
4. Requires the CDE to monitor LEAs for adoption of processes for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying, and establishes complaint procedures.
5. Requires the inclusion of the contributions of lesbian, gay, bisexual, and transgender Americans in instruction on California and United States history, and prohibits, in instructional materials, a matter which reflects adversely upon persons because of their sexual orientation, gender, gender identity, or gender expression.

This bill:

1. Requires, commencing with the 2021-22 school year, that each school operated by a school district or county office of education, and each charter school, provide online training at least once every two years to all 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 LGBTQ pupils, and strategies to increase support for LGBTQ pupils and thereby improve overall school climate.
2. Requires the CDE, contingent on funding being made available, to develop resources for in-service training on schoolsite and community resources for the support of LGBTQ pupils, and strategies to increase support for LGBTQ pupils and thereby improve overall school climate.
3. Allows each school operated by a school district or county office of education and each charter school to provide in-service training using the resources developed by CDE instead of online training.
4. Requires CDE, contingent on funding being made available, to award competitive grants to school districts, county offices of education, and charter schools that apply to CDE for a grant to operate their own in-person, in-service training instead of the online training.
5. Requires CDE to create and periodically update the online training curriculum to reflect changes in law or resources.
6. Requires, in creating the online training curriculum, CDE to ensure all of the following:
   1. The training curriculum is developed in consultation with leading experts in supporting LGBTQ pupils.
   2. The training program can track aggregate, statewide usage of the program.
   3. The training program can assess trainee knowledge before and after the training is provided in order to measure training outcomes.
   4. The training program is interactive, requiring the sustained input and participation of the trainee.
7. Requires CDE, in consultation with leading experts in supporting LGBTQ pupils, to create and periodically update a list of community resources that shall be provided to teachers and all other certificated employees as part of the training.
8. Defines schoolsite resources for the support of LGBTQ students to include:
   1. Peer support or affinity clubs and organizations.
   2. Safe spaces for LGBTQ students.
   3. Anti-bullying and harassment policies, and related complaint procedures.
   4. Counseling services.
   5. School staff who have received anti-bias or other training aimed at supporting LGBTQ youth.
   6. Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth.
   7. Suicide prevention policies and related procedures.
   8. Policies relating to use of school facilities.
   9. Policies and procedures to protect the privacy of LGBTQ pupils.
9. Defines community resources for the support of LGBTQ students to include, but not be limited to:
   1. Community-based organizations that provide support to LGBTQ youth.
   2. Physical and mental health providers with experience in treating and supporting LGBTQ youth.

Comments

1. Need for the bill. According to the author, “The bullying and name calling I experienced in school as a young gay kid is still a reality for today’s LGBTQ youth. No child should have to experience that. Students should feel safe, accepted, included, and supported in their school. Equipping educators with resources to better support LGBTQ students will create a safer and more inclusive environment for these students to be successful.”
2. National School Climate Survey findings and recommendations. Research suggests that bias against LGBTQ students can have a harmful effect on school performance.

The Gay Lesbian Straight Education Network’s (GLSEN) 2015 National School Climate Survey of found that 87 percent of California LGBTQ students report hearing anti-LGBTQ remarks, 63 percent report verbal harassment based on their sexual orientation, 24 percent report physical harassment, and or assault. Of those, 62 percent of students never reported the harassment or assault to school staff. Of those who did, only 39 percent of those students who reported incidents said it resulted in effective staff intervention.

GLSEN’s national data suggest that these experiences have an effect on academic behavior and outcomes. The 2015 report found that LGBTQ students who experienced higher levels of victimization because of their sexual orientation:

• 1. Were more than three times as likely to have missed school in the past month than those who experienced lower levels.
  2. Had lower grade point averages than students who were less often harassed.
  3. Were twice as likely to report that they did not plan to pursue any post-secondary education than those who experienced lower levels.
  4. Were more likely to have been disciplined at school, and had lower self-esteem and school belonging and higher levels of depression.

GLSEN’s survey also included the following recommendations for states:

• 1. Increasing student access to appropriate and accurate information regarding LGBT people, history, and events through inclusive curricula and library and Internet resources;
  2. Supporting student clubs, such as GSAs, that provide support for LGBTQ students and address LGBT issues in education;
  3. Providing professional development for school staff to improve rates of intervention and increase the number of supportive teachers and other staff available to students;
  4. Ensuring that school policies and practices, such as those related to dress codes and school dances, do not discriminate against LGBTQ students; and
  5. Adopting and implementing comprehensive bullying/harassment policies that specifically enumerate sexual orientation, gender identity, and gender expression in individual schools and districts, with clear and effective systems for reporting and addressing incidents that students experience.

Related/Prior Legislation

AB 2153 (Thurmond, 2018) was substantially similar to this bill. The bill would have required schools to provide in-service training to teachers on school site and community resources available for the support of LGBTQ students. The bill was vetoed by Governor Brown, who stated:

I signed AB 827 (O'Donnell) in 2015, which required the Department of Education, as part of its compliance monitoring, to assess whether local schools have provided information to certificated staff serving of grades 7-12 on school site and community resources for LGBTQ students. Current law also requires the Department to monitor local schools to ensure the adoptions of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression.

If local schools find that more training or resources on this topic is needed, they have the flexibility to use their resources as they see best.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, by requiring LEAs to provide professional development training to employees on resources for the support of LGBTQ students every two years, this bill could create a reimbursable state mandate resulting in Proposition 98 General Fund costs ranging in the hundreds of thousands of dollars to low millions of dollars each year. A precise cost would depend on the number of employees and the extent of the training provided at each school. Assuming there are about 130,000 certificated employees in roughly 2,600 middle, junior and high schools statewide and if districts were to spend an average of $50 for staff time and training for each of these employees, the annual costs would be approximately $3.25 million.

SUPPORT: (Verified 8/29/19)

State Superintendent of Public Instruction (co-source)

Equality California (co-source)

Alliance for Children's Rights

American Civil Liberties Union of California

Anti-Defamation League

Asian Americans Advancing Justice

Bay Area Student Activists

California Association for Health, Physical Education, Recreation & Dance

California Council of Community Behavioral Health Agencies

California Federation of Teachers

California Music Educators Association

California State PTA

California Teachers Association

End Violence Against Women International

LGBTQ Center Long Beach

National Association of Social Workers, California Chapter

National Center for Lesbian Rights

National Survivor Network

San Diego County Office of Education

San Diego Unified School District

San Francisco Youth Commission

Santa Barbara Women’s Political Committee

South Bay Union School District

Teach Plus

OPPOSITION: (Verified 8/29/19)

California Right to Life Committee

Christian Educators Association International

Family Watch International

International Federation for Therapeutic and Counseling Choice

ASSEMBLY FLOOR: 61-0, 5/28/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Chu, Cooper, Cunningham, Daly, Diep, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Maienschein, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Bigelow, Brough, Choi, Cooley, Dahle, Flora, Fong, Gallagher, Eduardo Garcia, Gray, Kiley, Low, Mathis, Melendez, Obernolte, Patterson, Ting, Voepel, Waldron

Prepared by: Ian Johnson / ED. /

9/1/19 10:50:19

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 493 (Gloria) - Teachers: lesbian, gay, bisexual, transgender, queer, and questioning pupil resources and training

Bill Summary:

This bill requires all public schools to provide online training at least once every two years to teachers for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) students.

Fiscal Impact:

By requiring local educational agencies (LEAs) to provide professional development training to employees on resources for the support of LGBTQ students every two years, this bill could create a reimbursable state mandate resulting in Proposition 98 General Fund costs ranging in the hundreds of thousands of dollars to low millions of dollars each year. A precise cost would depend on the number of employees and the extent of the training provided at each school. Assuming there are about 130,000 certificated employees in roughly 2,600 middle, junior and high schools statewide and if districts were to spend an average of $50 for staff time and training for each of these employees, the annual costs would be approximately $3.25 million.

Background:

Existing law prohibits discrimination on the basis of sexual orientation, gender, gender identity, or gender expression in any educational program or activity by an educational institution receiving state funds.

Existing law requires the California Department of Education (CDE), as part of its compliance monitoring, to assess whether local educational agencies (LEAs) have provided information to certificated staff serving grades 7-12 on school site and community resources for LGBTQ students.

Existing law requires the CDE to monitor LEAs for adoption of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression.

Existing law also requires the CDE to monitor LEAs for adoption of processes for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying, and establishes complaint procedures.

Proposed Law:

This bill requires that each school operated by an LEA and each charter school to provide in-service training to teachers of students in grades 7 to 12 on schoolsite and community resources for the support of LGBTQ students, as well as strategies to increase support for LGBTQ pupils and thereby improve overall school climate.

This bill requires the CDE, contingent on funding being made available, to develop resources for in-service training on schoolsite and community resources for the support of LGBTQ pupils, and strategies to increase support for LGBTQ pupils and thereby improve overall school climate. The bill allows each school to provide in-service training using the resources developed by CDE instead of online training.

This bill requires CDE, contingent on funding being made available, to award competitive grants to school districts, county offices of education, and charter schools that apply to CDE for a grant to operate their own in-person, in-service training instead of the online training, and also requires CDE to create and periodically update the online training curriculum to reflect changes in law or resources.

This bill provides that in creating the online training curriculum, the CDE shall ensure all of the following:

• 1. The training curriculum is developed in consultation with leading experts in supporting LGBTQ pupils.
  2. The training program can track aggregate, statewide usage of the program.
  3. The training program can assess trainee knowledge before and after the training is provided in order to measure training outcomes.
  4. The training program is interactive, requiring the sustained input and participation of the trainee.

This bill requires CDE, in consultation with leading experts in supporting LGBTQ pupils, to create and periodically update a list of community resources that shall be provided to teachers and all other certificated employees as part of the training.

This bill defines schoolsite resources for the support of LGBTQ students, and includes peer support or affinity clubs and organizations, safe spaces for LGBTQ students, anti-bullying and harassment policies, and related complaint procedures, counseling services, school staff who have received anti-bias or other training aimed at supporting LGBTQ youth, health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth, and suicide prevention policies.

This bill defines community resources for the support of LGBTQ students to include, but not be limited to, local community-based organizations that provide support to LGBTQ youth and local physical and mental health providers with experience in treating and supporting LGBTQ youth.

Related Legislation:

AB 2153 (Thurmond, 2018) was substantially similar to this bill. The bill would have required schools to provide in-service training to teachers on school site and community resources available for the support of LGBTQ students. This bill was vetoed by Governor Brown, who stated:

I signed AB 827 (O'Donnell) in 2015, which required the Department of Education, as part of its compliance monitoring, to assess whether local schools have provided information to certificated staff serving of grades 7-12 on school site and community resources for LGBTQ students. Current law also requires the Department to monitor local schools to ensure the adoptions of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression.

If local schools find that more training or resources on this topic is needed, they have the flexibility to use their resources as they see best.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: AB 493 Hearing Date: July 10, 2019

Subject: Teachers: lesbian, gay, bisexual, transgender, queer, and questioning pupil resources and training.

SUMMARY

This bill requires all public schools to provide online training at least once every two years to teachers for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) students.

BACKGROUND

Existing law:

1. Prohibits discrimination on the basis of sexual orientation, gender, gender identity, or gender expression in any educational program or activity by an educational institution receiving state funds.
2. Requires the California Department of Education (CDE), as part of its compliance monitoring, to assess whether local educational agencies (LEAs) have provided information to certificated staff serving grades 7-12 on school site and community resources for LGBTQ students.
3. Requires the CDE to monitor LEAs for adoption of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression.
4. Requires the CDE to monitor LEAs for adoption of processes for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying, and establishes complaint procedures.
5. Requires the inclusion of the contributions of lesbian, gay, bisexual, and transgender Americans in instruction on California and United States history, and prohibits, in instructional materials, a matter which reflects adversely upon persons because of their sexual orientation, gender, gender identity, or gender expression.

ANALYSIS

This bill:

1. Requires, commencing with the 2021-22 school year, that each school operated by a school district or county office of education, and each charter school, provide online training at least once every two years to all 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 LGBTQ pupils, and strategies to increase support for LGBTQ pupils and thereby improve overall school climate.
2. Requires the CDE, contingent on funding being made available, to develop resources for in-service training on schoolsite and community resources for the support of LGBTQ pupils, and strategies to increase support for LGBTQ pupils and thereby improve overall school climate.
3. Allows each school operated by a school district or county office of education and each charter school to provide in-service training using the resources developed by CDE instead of online training.
4. Requires CDE, contingent on funding being made available, to award competitive grants to school districts, county offices of education, and charter schools that apply to CDE for a grant to operate their own in-person, in-service training instead of the online training.
5. Requires CDE to create and periodically update the online training curriculum to reflect changes in law or resources.
6. In creating the online training curriculum, requires CDE to ensure all of the following:
   1. The training curriculum is developed in consultation with leading experts in supporting LGBTQ pupils.
   2. The training program can track aggregate, statewide usage of the program.
   3. The training program can assess trainee knowledge before and after the training is provided in order to measure training outcomes.
   4. The training program is interactive, requiring the sustained input and participation of the trainee.
7. Requires CDE, in consultation with leading experts in supporting LGBTQ pupils, to create and periodically update a list of community resources that shall be provided to teachers and all other certificated employees as part of the training.
8. Defines schoolsite resources for the support of LGBTQ students to include:
   1. Peer support or affinity clubs and organizations.
   2. Safe spaces for LGBTQ students.
   3. Anti-bullying and harassment policies, and related complaint procedures.
   4. Counseling services.
   5. School staff who have received anti-bias or other training aimed at supporting LGBTQ youth.
   6. Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth.
   7. Suicide prevention policies and related procedures.
   8. Policies relating to use of school facilities.
   9. Policies and procedures to protect the privacy of LGBTQ pupils.
9. Defines community resources for the support of LGBTQ students to include, but not be limited to:
   1. Community-based organizations that provide support to LGBTQ youth.
   2. Physical and mental health providers with experience in treating and supporting LGBTQ youth.

STAFF COMMENTS

1. Need for the bill. According to the author, “The bullying and name calling I experienced in school as a young gay kid is still a reality for today’s LGBTQ youth. No child should have to experience that. Students should feel safe, accepted, included, and supported in their school. Equipping educators with resources to better support LGBTQ students will create a safer and more inclusive environment for these students to be successful.”
2. National School Climate Survey Findings and Recommendations. Research suggests that bias against LGBTQ students can have a harmful effect on school performance.

The Gay Lesbian Straight Education Network’s (GLSEN) 2015 National School Climate Survey of found that 87 percent of California LGBTQ students report hearing anti-LGBTQ remarks, 63 percent report verbal harassment based on their sexual orientation, 24 percent report physical harassment, and or assault. Of those, 62 percent of students never reported the harassment or assault to school staff. Of those who did, only 39 percent of those students who reported incidents said it resulted in effective staff intervention.

GLSEN’s national data suggest that these experiences have an effect on academic behavior and outcomes. The 2015 report found that LGBTQ students who experienced higher levels of victimization because of their sexual orientation:

• 1. Were more than three times as likely to have missed school in the past month than those who experienced lower levels.
  2. Had lower grade point averages than students who were less often harassed.
  3. Were twice as likely to report that they did not plan to pursue any post-secondary education than those who experienced lower levels.
  4. Were more likely to have been disciplined at school, and had lower self-esteem and school belonging and higher levels of depression.

GLSEN’s survey also included the following recommendations for states:

• • • 1. Increasing student access to appropriate and accurate information regarding LGBT people, history, and events through inclusive curricula and library and Internet resources;
      2. Supporting student clubs, such as GSAs, that provide support for LGBTQ students and address LGBT issues in education;
      3. Providing professional development for school staff to improve rates of intervention and increase the number of supportive teachers and other staff available to students;
      4. Ensuring that school policies and practices, such as those related to dress codes and school dances, do not discriminate against LGBTQ students; and
      5. Adopting and implementing comprehensive bullying/harassment policies that specifically enumerate sexual orientation, gender identity, and gender expression in individual schools and districts, with clear and effective systems for reporting and addressing incidents that students experience.

1. Fiscal impact. According to the Assembly Appropriations Committee, this bill would create annual Proposition 98 General Fund cost pressures, ranging in the hundreds of thousands of dollars to low millions of dollars, for schools to provide in-service training to employees. Exact costs would depend on the depth and type of training. (There are roughly 2,600 middle schools and high schools statewide. If each school were to spend an average of $100 annually to pay for staff time and training, the total costs would be roughly $260,000. If each school were to spend an average of $500 annually to pay for staff time and training, costs would be $1.3 million.) If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to either reimburse these costs to schools or provide funding through the K-12 Mandate Block Grant.
2. Prior legislation.

AB 2153 (Thurmond, 2018) was substantially similar to this bill. The bill would have required schools to provide in-service training to teachers on school site and community resources available for the support of LGBTQ students. This bill was vetoed by Governor Brown, who stated:

“I signed AB 827 (O'Donnell) in 2015, which required the Department of Education, as part of its compliance monitoring, to assess whether local schools have provided information to certificated staff serving of grades 7-12 on school site and community resources for LGBTQ students. Current law also requires the Department to monitor local schools to ensure the adoptions of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression.

If local schools find that more training or resources on this topic is needed, they have the flexibility to use their resources as they see best.”

SUPPORT

Equity California (co-sponsor)

State Superintendent of Public Instruction (co-sponsor)

Alliance for Children's Rights
American Civil Liberties Union of California
Anti-Defamation League

Asian Americans Advancing Justice

Bay Area Student Activists
California Association for Health, Physical Education, Recreation & Dance
California Council of Community Behavioral Health Agencies

California Federation of Teachers
California Music Educators Association
California State PTA
California Teachers Association

LGBTQ Center Long Beach
National Association of Social Workers, California Chapter

National Center for Lesbian Rights
National Survivor Network

San Diego County Office of Education

San Diego Unified School District

San Francisco Youth Commission

South Bay Union School District
Teach Plus

OPPOSITION

California Right to Life Committee

Christian Educators Association International

International Federation for Therapeutic and Counseling Choice

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 493

Author:(Gloria)

As Amended Ver:May 16, 2019

Majority vote

SUMMARY:

Requires, commencing with the 2021-2022 school year, each school to provide training at least once every two years to all teachers of students in grades 7 to 12, on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) students.

Major Provisions

1. Requires, commencing with the 2021-2022 school year, each school operated by a school district, county office of education, and charter schools, to provide online training at least once every two years to all teachers of students in grades 7 to 12, on schoolsite and community resources, as defined, for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) students.
2. Requires, contingent upon an appropriation, the California Department of Education (CDE) to develop resources for in-service training on schoolsite and community resources for the support of LGBTQ students, as specified.
3. Permits schools to provide in-person training in lieu of online training, and requires the CDE, contingent upon an appropriation, to provide grants to schools to operate their own in-person trainings.
4. Requires the CDE, in consultation with experts in supporting LGBTQ students, to create and periodically update a list of community resources for use in the training.
5. States that teachers and other certificated employees may complete the training during regular school hours.

COMMENTS:

Bias against LGBTQ students impacts academic outcomes. Research suggests that bias against LGBTQ students can have a deleterious effect on school performance.

The Gay Lesbian Straight Education Network's (GLSEN) 2015 National School Climate Survey of found that 87% of California LGBTQ students report hearing anti-LGBTQ remarks, 63% report verbal harassment based on their sexual orientation, and 24% report physical harassment or assault. Of those, 62% of students never reported the harassment or assault to school staff. Of those who did, only 39% of those students who reported incidents said it resulted in effective staff intervention.

GLSEN's national data suggest that these experiences have an effect on academic behavior and outcomes. The 2015 report found that LGBTQ students who experienced higher levels of victimization because of their sexual orientation:

1. Were more than three times as likely to have missed school in the past month than those who experienced lower levels (62.2% vs. 20.1%)
2. Had lower grade point averages than students who were less often harassed (2.9 vs. 3.3)
3. Were twice as likely to report that they did not plan to pursue any post-secondary education than those who experienced lower levels (10.0% vs. 5.2%)
4. Were more likely to have been disciplined at school (54.9% vs. 32.1%), and had lower self-esteem and school belonging and higher levels of depression.

According to the Author:

"The bullying and name calling I experienced in school as a young gay kid is still a reality for today's LGBTQ youth. No child should have to experience that. Students should feel safe, accepted, included, and supported in their school. Equipping educators with resources to better support LGBTQ students will create a safer and more inclusive environment for these students to be successful."

Arguments in Support:

The LGBTQ Center, Long Beach writes, "In times of need or crisis, students often turn to their schools and their teachers for support. Schools are the most important institution in a child's life. They're where we are taught to respect ourselves and others. They're where we learn the basic values of equality and justice. We need to empower California educators and school staff by ensuring they have the tools and training to support LGBTQ students."

Arguments in Opposition:

None on file

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. Annual Proposition 98 General Fund cost pressures, likely in the hundreds of thousands of dollars for schools to deliver the training.
2. One-time GF costs, subject to appropriation, for CDE to develop the training, likely in the hundreds of thousands of dollars.
3. One-time Proposition 98 GF costs, subject to appropriation, for CDE to provide grants to schools to develop their own training.

VOTES:

ASM EDUCATION: 5-0-1

YES: O'Donnell, Kalra, McCarty, Smith, Weber

ABS, ABST OR NV: Kiley

ASM APPROPRIATIONS: 14-2-2

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow, Brough

ABS, ABST OR NV: Fong, Obernolte

UPDATED:

VERSION: May 16, 2019

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0000895

Date of Hearing: April 10, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 493

Author:(Gloria) – As Amended Ver:April 2, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires, beginning in the 2021-22 school year, each school to annually provide (a) in-service training to teachers of grades 7 to 12 and to other certificated employees at the school on schoolsite and (b) community resources for the support of lesbian, gay, bisexual, transgender, queer and questioning (LGBTQ) pupils and strategies to increase support for LGBTQ pupils.

FISCAL EFFECT:

Annual Proposition 98 General Fund cost pressures, ranging in the hundreds of thousands of dollars to low millions of dollars, for schools to provide in-service training to employees. Exact costs would depend on the depth and type of the training. (There are roughly 2,600 middle schools and high schools statewide. If each school were to spend an average of $100 annually to pay for staff time and training, the total costs would be roughly $260,000. If each school were to spend an average of $500 annually to pay for staff time and training, costs would be $1.3 million.) If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to either reimburse these costs to schools or provide funding through the K-12 Mandate Block Grant.

COMMENTS:

1. Purpose. According to the author:

Students should feel safe, accepted, included, and supported in their school. Equipping educators with resources to better support LGBTQ students will create a safer and more inclusive environment for these students to be successful.

1. Background. Existing law prohibits discrimination on the basis of sexual orientation, gender, gender identity or gender expression in any educational program or activity by an educational institution receiving state funds. Existing law also requires the California Department of Education (CDE), as part of its compliance monitoring, to assess whether schools have provided information to certificated staff serving grades 7 to 12 on school site and community resources for LGBTQ students.
2. Prior Legislation. AB 2153 (Thurmond), of the 2017-18 Legislative Session, was substantially similar to this bill. The bill was vetoed by Governor Brown.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: March 27, 2019

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 493 (

Author:Gloria) – As Introduced Ver:February 12, 2019

SUBJECT: Teachers: in-service training: lesbian, gay, bisexual, transgender, queer, and questioning pupil resources

SUMMARY: Requires schools to provide in-service training to teachers on school site and community resources available for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) students. Specifically, this bill:

1. Requires each school operated by a school district or county office of education and each charter school to annually, as part of a regularly scheduled staff meeting, 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 LGBTQ pupils, as well as strategies to increase support for LGBTQ pupils and thereby improve overall school climate.
2. Defines schoolsite resources for the support of LGBTQ students to include:
3. peer support or affinity clubs and organizations
4. safe spaces for LGBTQ students
5. anti-bullying and harassment policies, and related complaint procedures
6. counseling services
7. school staff who have received anti-bias or other training aimed at supporting LGBTQ youth
8. health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth
9. Defines community resources for the support of LGBTQ students to include, but not be limited to:
10. community-based organizations that provide support to LGBTQ youth
11. physical and mental health providers with experience in treating and supporting LGBTQ youth
12. Makes implementation of the act contingent up on an appropriation in the annual Budget Act or other statute for these purposes.

EXISTING LAW:

1. Prohibits discrimination on the basis of sexual orientation, gender, gender identity, or gender expression in any educational program or activity by an educational institution receiving state funds.
2. Requires the California Department of Education (CDE), as part of its compliance monitoring, to assess whether local educational agencies (LEAs) have provided information to certificated staff serving grades 7-12 on school site and community resources for LGBTQ students.
3. Requires the CDE to monitor LEAs for adoption of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression.
4. Requires the CDE to monitor LEAs for adoption of processes for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying, and establishes complaint procedures.
5. Requires the inclusion of the contributions of lesbian, gay, bisexual, and transgender Americans in instruction on California and United States history, and prohibits, in instructional materials, matter which reflects adversely upon persons because of their sexual orientation, gender, gender identity, or gender expression.

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill. The author’s office states: “The bullying and name calling I experienced in school as a young gay kid is still a reality for today’s LGBTQ youth. No child should have to experience that. Students should feel safe, accepted, included, and supported in their school. Equipping educators with resources to better support LGBTQ students will create a safer and more inclusive environment for these students to be successful.”

Bias against LGBTQ students impacts academic outcomes. Research suggests that bias against LGBTQ students can have a deleterious effect on school performance.

The Gay Lesbian Straight Education Network’s (GLSEN) 2015 National School Climate Survey of found that 87% of California LGBTQ students report hearing anti-LGBTQ remarks, 63% report verbal harassment based on their sexual orientation, 24% report physical harassment, and or assault. Of those, 62% of students never reported the harassment or assault to school staff. Of those who did, only 39% of those students who reported incidents said it resulted in effective staff intervention.

GLSEN’s national data suggest that these experiences have an effect on academic behavior and outcomes. The 2015 report found that LGBTQ students who experienced higher levels of victimization because of their sexual orientation:

• were more than three times as likely to have missed school in the past month than those who experienced lower levels (62.2% vs. 20.1%)
• had lower grade point averages than students who were less often harassed (2.9 vs. 3.3)
• were twice as likely to report that they did not plan to pursue any post-secondary education than those who experienced lower levels (10.0% vs. 5.2%)
• were more likely to have been disciplined at school (54.9% vs. 32.1%), and had lower self-esteem and school belonging and higher levels of depression.

Which school site supports improve outcomes for LGBTQ students? Several supportive factors at school appear to improve academic outcomes and improve safety for LGBTQ students.

Research shows, for example, that LGBTQ students with many supportive educators feel safer at school, skip fewer classes, earn higher grades, and have fewer school-related problems than those without supportive educators (Russell, 2010). Students in schools with Gay Straight Alliance (GSA) clubs report less harassment and assault, are more likely to report these incidents when they occur, and are less likely to miss school because of safety concerns. 2015 GLSEN survey data found, for example, that students attending schools with a GSA heard anti-LGBT remarks less frequently than LGBTQ students in schools without a GSA (51% vs. 68%), were less likely to feel unsafe because of their sexual orientation (50.2% vs. 66.3%), and were less likely to experience higher levels of victimization based on their sexual orientation (20% vs. 36.1%) in schools without GSAs. Anti-bullying policies are also associated with better student outcomes, such as being one-third less likely to skip a class.

Evaluations from New York City, Illinois, and Massachusetts have found that teacher training helped to create safer environments for LGBTQ students. The U.S. Department of Health and Human Services, as part of its anti-bullying campaign, recommends that, “when youth reveal same-sex attractions and relationships, this is an opportunity for health, medical, and school professionals to better inform and support sexual minority youth by linking them with community resources and helping to overcome the tensions of parents, families, and peers.”

Research has also shown that feelings of safety at school are stronger when students know where to get information and support about sexual orientation and gender identity, but research has also shown that some students in California schools are not aware of one of these key supports - anti-discrimination policies.

CDC endorses school site resources for LGBTQ students. The Centers for Disease Control and Prevention (CDC), as part of its risk behavior prevention activities, monitors and funds local efforts to create supportive school environments for LGBTQ students. The CDC collects information on factors such as professional development for educators, school site resources such as GSA clubs and safe spaces for LGBTQ students, and referrals to school and community health professionals with experience providing support to LGBTQ students. The CDC has made grants for teacher training in support of LGBTQ students in Michigan, Rhode Island, Pennsylvania and in California (to the Los Angeles Unified School District). The CDC reports that 50% of California schools facilitate access to school site and community health resources for LGBTQ students, and 39% have GSA clubs.

What are Gay Straight Alliance clubs and safe spaces for LGBTQ students? This bill requires that teachers receive information about school site supports for LGBTQ students, including peer support organizations and safe spaces for LGBTQ students.

GSA clubs are an example of peer support organizations. These student-led clubs provide peer support for LGBTQ students and their straight allies. The presence of GSAs in schools is associated with less harassment, greater school safety and connectedness, and more instances of teacher intervention in harassment. First formed in the 1980’s, these clubs are now common to U.S. high schools. The Gay Straight Alliance Network lists 944 clubs in California middle and high schools.

“Safe spaces” (also known as positive spaces) for LGBTQ students refers to places where teachers, students, or educational institutions do not tolerate harassment, and instead are accepting and supportive. Some schools and teachers post signs indicating safe spaces. The CDC recommends that schools establish safe spaces, such as “counselors’ offices, designated classrooms, or student organizations, where LGBTQ youth can receive support from administrators, teachers, or other school staff.”

How will schools know about community resources to support LGBTQ students? This bill requires schools to provide information to teachers on community resources for support of LGBTQ students, including community-based organizations that provide support to LGBTQ youth, and physical and mental health providers with experience in treating and supporting LGBTQ youth.

In some cases, school personnel responsible for this training may not know how to identify such resources, particularly health care providers with the appropriate expertise. The author notes that databases of health professionals with special training or experience are available, such as the Gay Lesbian Medical Association (listed as a LGBTQ patient resource by the American Medical Association), which offers a searchable database of providers with this expertise. There is also a searchable database of LGBTQ centers which lists 21 centers in California.

Recommended amendments. Staff recommends that this bill be amended as follows:

• Require that training be provided commencing with the 2021-2022 school year.
• Strike the provision making the bill contingent upon an appropriation, as this is a mandate for which claims would be submitted and no program funding is required.

Prior legislation. AB 2153 (Thurmond) of the 2017-18 Session was substantially similar to this bill. The bill would have required schools to provide in-service training to teachers on school site and community resources available for the support of LGBTQ students. This bill was vetoed by Governor Brown, who stated:

I signed AB 827 (O'Donnell) in 2015, which required the Department of Education, as part of its compliance monitoring, to assess whether local schools have provided information to certificated staff serving of grades 7-12 on school site and community resources for LGBTQ students. Current law also requires the Department to monitor local schools to ensure the adoptions of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression.

If local schools find that more training or resources on this topic is needed, they have the flexibility to use their resources as they see best.

AB 1318 (Chiu) of the 2017-18 Session would have required a school operated by a school district or county office of education and a charter school to provide in-service training to certificated employees who serve pupils in grades 7 to 12, on tools and methods for addressing intergroup conflict and promoting positive intergroup relations. This bill was held in the Assembly Appropriations Committee.

AB 827 (O’Donnell), Chapter 562, Statues of 2015, as it passed this Committee, would have required schools to provide in-service training to teachers on school site and community resources available for the support of LGBTQ students. The bill was later amended to require CDE, as part of its compliance monitoring, to assess whether LEAs have provided information to certificated staff serving grades 7-12 on schoolsite and community resources for LGBTQ students.

SB 840 (Lara) of the 2013-2014 Session would have required each LEA to develop, in collaboration with stakeholders, and implement a policy against bullying containing specified components. This bill would also have required LEAs to provide documentation of incidents to the CDE. This bill was held in the Senate Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Equality California (co-sponsor)

State Superintendent of Public Instruction Tony Thurmond (co-sponsor)

American Civil Liberties Union Of California
Anti-Defamation League
Bay Area Student Activists
California Association For Health, Physical Education, Recreation & Dance
California State PTA
National Center For Lesbian Rights
The LGBTQ Center Long Beach

An individual

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087