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 requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive.

This bill would require the State Department of Education, on or before July 1, 2025, to finalize the development of an online training delivery platform and an online training curriculum to support LGBTQ cultural competency training for teachers and other certificated employees, as specified. The bill would delete the above-described encouragement and instead would require, commencing with the 202526 school year and ending with the completion of the 202930 school year, each local educational agency, as defined, serving pupils in grades 7 to 12, inclusive, to use the online training delivery platform and curriculum, or an in-service alternative, to provide at least one hour of required training annually to teachers and other certificated employees at those schools, as provided. The bill would require each local educational agency to maintain records documenting the training, as provided. The bill would require the department to monitor compliance with the training requirement as part of the departments annual compliance monitoring of state and federal programs. The bill would require the department, within 9 months of the completion of the 5-year training period, to report data from that compliance monitoring to the Legislature, and post the report on the departments internet website, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require these provisions to be known as the Safe and Supportive Schools Act. This bill would make these requirements 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 requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive.

This bill would require the State Department of Education, on or before July 1, 2025, to finalize the development of an online training delivery platform and an online training curriculum to support LGBTQ cultural competency training for teachers and other certificated employees, as specified. The bill would delete the above-described encouragement and instead would require, commencing with the 202526 school year and ending with the completion of the 202930 school year, each local educational agency, as defined, serving pupils in grades 7 to 12, inclusive, to use the online training delivery platform and curriculum, or an in-service alternative, to provide at least one hour of required training annually to teachers and other certificated employees at those schools, as provided. The bill would require each local educational agency to maintain records documenting the training, as provided. The bill would require the department to monitor compliance with the training requirement as part of the departments annual compliance monitoring of state and federal programs. The bill would require the department, within 9 months of the completion of the 5-year training period, to report data from that compliance monitoring to the Legislature, and post the report on the departments internet website, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require these provisions to be known as the Safe and Supportive Schools Act. This bill would make these requirements 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 requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive.

This bill would require the State Department of Education, on or before July 1, 2025, to finalize the development of an online training delivery platform and an online training curriculum to support LGBTQ cultural competency training for teachers and other certificated employees, as specified. The bill would delete the above-described encouragement and instead would require, commencing with the 202526 school year and ending with the completion of the 202930 school year, each local educational agency, as defined, serving pupils in grades 7 to 12, inclusive, to use the online training delivery platform and curriculum, or an in-service alternative, to provide at least one hour of required training annually to teachers and other certificated employees at those schools, as provided. The bill would require each local educational agency to track the number of those employees who received the training and provide that information on its internet website and to the department, as specified. maintain records documenting the training, as provided. The bill would require the department to monitor compliance with the training requirement as part of the departments annual compliance monitoring of state and federal programs. The bill would require the department, within 9 months of the completion of the 5-year training period, to report data from that compliance monitoring to the Legislature, and post the report on the departments internet website, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require these provisions to be known as the Safe and Supportive Schools Act. This bill would make these requirements 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 requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive.

This bill would require the State Department of Education, on or before July 1, 2025, to finalize the development of an online training delivery platform and an online training curriculum to support LGBTQ cultural competency training for teachers and other certificated employees, as specified. The bill would delete the above-described encouragement and instead would require, commencing with the 202526 school year, year and ending with the completion of the 202930 school year, each local educational agency, as defined, serving pupils in grades 7 to 12, inclusive, to use the online training delivery platform and curriculum, or an in-service alternative, to provide at least 4 hours one hour of required training at least once every 3 years annually to teachers and other certificated employees at those schools, as provided. The bill would require each local educational agency to ensure a 95% completion rate of track the number of those employees who received the training required pursuant to these provisions within each 3-year training period, and and provide that information on its internet website and to the department, as specified. The bill would require the department to monitor compliance with the training requirement as part of the departments annual compliance monitoring of state and federal programs. The bill would require the department, within 9 months of the completion of the 5-year training period, to report specified completion data from that compliance monitoring to the Legislature, and post the report on the departments internet website, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require these provisions to be known as the Safe and Supportive Schools Act. This bill would make these requirements 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 requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive.

This bill would require the State Department of Education, on or before July 1, 2025, to finalize the development of an online training delivery platform and an online training curriculum to support LGBTQ cultural competency training for teachers and other certificated employees, as specified. The bill would delete the above-described encouragement and instead would require, commencing with the 202526 school year, each school operated by a school district or county office of education and each charter school local educational agency, as defined, serving pupils in grades 7 to 12, inclusive, to use the online training delivery platform and curriculum, or an in-service alternative, to provide at least 4 hours of training at least once every 3 years to teachers and other certificated employees at those schools, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the department each local educational agency to ensure a 95% completion rate of the training required pursuant to these provisions within each 3-year training period, and would require the department to report specified completion data to the Legislature, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require these provisions to be known as the Safe and Supportive Schools Act.

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 requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of LGBTQ lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive.

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 requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of LGBTQ lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive.

This bill would state the intent of the Legislature to enact subsequent legislation to ensure (1) that teachers and other certificated employees of schools operated by a school district or county office of education or charter schools have the tools and training they need to support and meet the needs of LGBTQ+ pupils and (2) that California schools are safe and supportive for all pupils, teachers, and other certificated employees. It is the intent of the legislature to enact subsequent legislation to specify the timeline for implementation of teacher and other certificated employee cultural competency training programs developed by the department.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 5

Author:(Zbur)

As Amended Ver:September 1, 2023

Majority vote

SUMMARY

Requires the California Department of Education (CDE) to complete the development of an online training curriculum and online delivery platform by July 1, 2025, and requires local educational agencies (LEAs) to provide and require at least one hour of training annually to all certificated staff, beginning with the 2025-26 school year through the 2029-30 school year, on cultural competency in supporting lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) students. Requires the LEA to maintain documentation on the completion of the training by each employee, as specified.

Senate Amendments

1. Remove the requirement for LEAs to post information on their website on the number of employees having completed the training, and instead require LEAs to maintain records documenting the date that each employee completed the training and the name of the entity providing the training.
2. Requires the LEA to maintain the records according to their local retention schedule, make them available to the CDE upon request as part of the department's annual compliance monitoring, and specifies that the records are public records subject to disclosure, as specified.

COMMENTS

Schoolsite supports can improve outcomes for LGBTQ+ students. Several supportive factors at school appear to improve academic outcomes and improve safety for LGBTQ+ students. Research shows 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.

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." 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.

According to the Author

"Every child deserves to attend a safe and supportive school where they have the greatest possible opportunity to learn and succeed. Despite much progress, LGBTQ+ students still experience harassment, violence, and lack of affirmation in school settings far too often. These experiences can harm LGBTQ+ students' school performance and success, self-esteem, and mental health and can reduce their desire to pursue post-secondary education. Lack of adequate support in schools results in high dropout rates, which leads to high rates of poverty, homelessness and engagement with the criminal justice system for LGBTQ+ people. AB 5 will provide public school teachers and staff, who are on the front lines of supporting California students, with the training and support they need to better serve LGBTQ+ and all students."

Arguments in Support

The California Federation of Teachers, a co-sponsor of the bill, writes "According to the GLSEN 2019 National School Climate Survey, more than 86% of LGBTQ+ students experienced harassment or assault based on personal characteristics (such as sexual orientation, gender expression, perceived religion, actual or perceived race, ethnicity, or disability), and nearly a fifth of LGBTQ+ students reported changing schools due to feeling unsafe or uncomfortable at school. In February 2023, the CDC released results from its 2021 Youth Risk Behavior Survey, which showed high levels of violence, depression, and suicidal thoughts among lesbian, gay, and bisexual youth. According to the findings, more than one in five of these students reported attempting suicide in the year before the survey, and at least 52% said they struggled with mental health. This is unacceptable. It is vital that California creates a school environment that accepts all students for who they are.

AB 5 would require LGBTQ+ training for all California public schools. The recognition of the basic human right for every student regardless of sexual orientation or gender expression should be held in the same esteem as any other civil right, and this bill provides educators the opportunity to hone in the supportive skills to meet this moment. This legislation is a critical step toward ensuring that all schools are safe and supportive."

Arguments in Opposition

The California Parents Union states, "Many of our CPUnion members strongly believe that public schools' focus should be on academics. Many of our members also believe that each district is different as it serves a unique population of students. AB 5 would reduce local control regarding teacher training by mandating all teachers serving students in grades 7-12 to be trained to better serve LGBTQ pupils. Existing law encourages schools to offer such training, but it is not a mandate. Many of our CPUnion members are concerned that mandated LGBTQ cultural competency training will take time from teachers to collaborate on instruction for academic excellence."

FISCAL COMMENTS

According to the Senate Appropriations Committee:

1. The CDE indicates that any workload associated with compliance monitoring as a result of this bill could be absorbed within existing resources.
2. The CDE estimates one-time General Fund costs of approximately $770,000 for increased demand of the existing online professional development platform. This work is contracted with the San Joaquin County Office of Education.
3. This bill could result in a reimbursable state mandate for LEAs to provide one hour of training each year to all teachers and other certificated employees serving pupils in grades seven through 12. Assuming an hourly rate of $60 for each of the 130,000 teachers statewide in middle and high schools, the Proposition 98 General Fund costs would be about $7.8 million. This could create pressure for the state to increase the K-12 Mandate Block Grant.

VOTES:

ASM EDUCATION: 6-0-1

YES: Muratsuchi, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva

ABS, ABST OR NV: Megan Dahle

ASM APPROPRIATIONS: 11-1-4

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

NO: Dixon

ABS, ABST OR NV: Megan Dahle, Mathis, Robert Rivas, Sanchez

ASSEMBLY FLOOR: 64-4-12

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO: Megan Dahle, Gallagher, Jim Patterson, Joe Patterson

ABS, ABST OR NV: Chen, Davies, Dixon, Essayli, Flora, Vince Fong, Lackey, Mathis, Quirk‑Silva, Sanchez, Ta, Villapudua

SENATE FLOOR: 32-3-5

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Jones, Nguyen, Seyarto

ABS, ABST OR NV: Dahle, Grove, Niello, Ochoa Bogh, Wilk

UPDATED

VERSION: September 1, 2023

CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0001865

 THIRD READING  

Bill No: AB 5

Author: Zbur (D), et al.

Amended: 9/1/23 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 5-0, 7/12/23

AYES: Newman, Cortese, Glazer, McGuire, Smallwood-Cuevas

NO VOTE RECORDED: Ochoa Bogh, Wilk

SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/23

AYES: Portantino, Ashby, Bradford, Wahab, Wiener

NOES: Jones, Seyarto

ASSEMBLY FLOOR: 64-4, 5/22/23 - See last page for vote

SUBJECT: The Safe and Supportive Schools Act

SOURCE: State Superintendent of Public Instruction Tony Thurmond

California Federation of Teachers

California Teachers Association

Equality California

DIGEST:

This bill requires the California Department of Education (CDE) to complete the development of an online training curriculum and online delivery platform by July 1, 2025, and requires local educational agencies (LEAs) to provide and require at least one hour of training annually to all certificated staff, beginning with the 2025-26 school year through the 2029-30 school year, on cultural competency in supporting lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) students.

ANALYSIS: Existing law requires the CDE, by July 1, 2021, to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of LBGTQ+ students and strategies to increase support for LGBTQ+ students and improve overall school climate. Requires the resources to be designed for use in schools operated by a school district, county office of education (COE), and charter schools serving students in grades 7 to 12, inclusive. Encourages schools serving students in grades 7 to 12 to use these resources to provide training at least once every two years to teachers and other certificated employees. (Education Code 218)

This bill:

1. Requires the CDE, using resources appropriated in the Budget Act of 2021 for this purpose, by July 1, 2025, to finalize the development of an online training delivery platform and online training curriculum to support LGBTQ+ cultural competency training for teachers and certificated employees with the following topics:
   1. The creation of safe and supportive learning environments for LGBTQ+ pupils, including those with multiple intersecting identities, including, but not limited to, those who are members of the LGBTQ+ community, members of communities of color, immigrants, or people living with the human immunodeficiency virus.
   2. Identifying LGBTQ+ youth who are subject to, or may be at risk of, bullying and lack of acceptance at home or in their communities.
   3. Providing targeted support services to LGBTQ+ youth, including counseling services.
   4. Requirements regarding school anti-bullying and harassment policies and complaint procedures.
   5. Requirements regarding suicide prevention policies and related procedures.
   6. Requirements regarding policies relating to the use of school facilities, including, but not limited to, bathrooms and locker rooms.
   7. Requirements regarding policies and procedures to protect the privacy of LGBTQ+ pupils.
   8. The importance of identifying local, community-based organizations supporting LGBTQ+ youth.
   9. The importance of identifying local physical and mental health providers with experience in treating and supporting LGBTQ+ youth.
   10. The formation of peer support or affinity clubs and organizations.
   11. The importance of school staff who have received antibias or other training to support LGBTQ+ youth.
   12. Health and other curriculum materials that are inclusive of and relevant to LGBTQ+ youth.
2. Requires an LEA, commencing with the 2025–26 school year, and continuing through the 2029–30 school year, at least one hour of training annually to all teachers and other certificated employees during the employee’s regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative, serving pupils in grades 7 to 12, inclusive, in a manner designed to cover the core elements of the curriculum developed in 1) above over the five-year period and species that training may be provided using the online training curriculum and platform developed by CDE.
3. Requires an LEA to ensure that the in-service training it chooses to use as an alternative to the online training developed by CDE is substantially similar to and meets the same standards of the online training.
4. Specifies employees may complete training individually or as part of a group presentation, and the training may be completed in shorter segments as long as the applicable hourly total requirement is met.
5. Specifies nothing prohibits an LEA from providing longer, more frequent, relevant in-service training to meet the online training standards, provided that it is mutually agreed to with the employee’s exclusive representative.
6. Requires an LEA to exempt a teacher or certificated employee from the training if they have completed the training within the same year at another local educational agency in this state.
7. Requires ELAs to post on its website the number of its teachers and other certificated employees who received online or in-service training and make it available to the CDE upon request as part of the department’s annual compliance monitoring of state and federal programs.
8. Requires LEAs to track and maintain a record of employees that have received training.

Comments

1. Need for the bill. According to the author, “Every child deserves to attend a safe and supportive school where they have the greatest possible opportunity to learn and succeed. Despite much progress, LGBTQ+ students still experience harassment, violence, and lack of affirmation in school settings far too often. These experiences can harm LGBTQ+ students’ school performance and success, self-esteem, and mental health and can reduce their desire to pursue post-secondary education. Lack of adequate support in schools results in high dropout rates, which leads to high rates of poverty, homelessness and engagement with the criminal justice system for LGBTQ+ people. AB 5 will provide public school teachers and staff, who are on the front lines of supporting California students, with the training and support they need to better serve LGBTQ+ and all students.”
2. 2021 National School Climate Survey by the Gay, Lesbian & Straight Education Network (GLSEN). A growing body of research has linked disparities to non-binary students' experiences of violence, harassment, and exclusion in educational settings. LGBTQ+ youth often navigate more hostile school climates than their peers. According to a 2021 National School Climate Survey by the GLSEN, "76.1% of LGBT students were verbally harassed, 31.2% were physically harassed, and 12.5% were physically assaulted due to their sexual orientation." Furthermore, 81.8% of LGBTQ+ students who participated in GLSEN's survey reported feeling unsafe in school because of at least one of their actual or perceived personal characteristics. The relationship between marginalization and mental health in gender minority populations is well documented. In the same survey, over half of LGBTQ+ students (61.6%) reported feeling unsafe in school because of their mental health or emotional disability. Non-binary students' experiences of violence, harassment, and exclusion in educational settings can lead to negative educational experiences, including, but not limited to, chronic absenteeism, difficulty in reaching academic achievement, and school discipline. A link to the report can be found here.
3. CDE: Supporting LBGTQ+ Students. CDE currently provides instructional guidance, references, and policies on its website to help LEAs and families support their LGBTQ+ students, such as highlighting the Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act, which prescribes inclusion of the contributions of groups previously excluded in the history of California and the U.S. This section once included men and women and numerous ethnic groups; the expanded language requires the inclusion of the contributions of LGBTQ+ Americans to California and U.S. history as well as their roles in contemporary society.

The website also includes training offered by the American Psychological Association and the Trevor Project, resources for schools such as establishing peer support or Affinity Clubs on campus, links to antibias training to support LBGTQ+ youth, and how to create safe spaces for LBGTQ+ students on campus. 

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

According to the Senate Appropriations Committee:

• The CDE indicates that any workload associated with compliance monitoring as a result of this bill could be absorbed within existing resources.
• The CDE estimates one-time General Fund costs of approximately $770,000 for increased demand of the existing online professional development platform. This work is contracted with the San Joaquin County Office of Education.
• This bill could result in a reimbursable state mandate for LEAs to provide one hour of training each year to all teachers and other certificated employees serving pupils in grades seven through 12. Assuming an hourly rate of $60 for each of the 130,000 teachers statewide in middle and high schools, the Proposition 98 General Fund costs would be about $7.8 million. This cold create pressure for the state to increase the K-12 Mandate Block Grant.

SUPPORT: (Verified 9/1/23)

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

California Federation of Teachers (co-source)

California Teachers Association (co-source)

Equality California (co-source)

ACLU California Action

American Federation of State, County, and Municipal Employees

API Equality-LA

APLA Health

Brothers of the Desert

California Association for Health, Physical Education, Recreation & Dance

California Association of Local Conservation Corps

California Charter Schools Association

California LGBTQ Health and Human Services Network

California School Nurses Organization

California School-Based Health Alliance

California State Council of Service Employees International Union

California TRANSends

California Transgender Advisory Council - Office of Lieutenant Governor

Central California LGBTQIA+2s Collaborative

Citizens for Choice

City of Santa Monica

County of Los Angeles 

El/La Para Translatinas

Equality California.

Fresno Spectrum Center

Gender Spectrum

LGBTQ + Rural Resource Center

LGBTQ Center OC

Los Angeles County

Los Angeles County Office of Education

Los Angeles LGBT Center

Lyon-Martin Health Services

NARAL Pro-Choice California

National Association of Social Workers, California Chapter

National Center for Lesbian Rights

NextGen California

NorCal Outreach Project Center

Positive Images LGBTQIA+ Center

Radiant Health Centers

Rainbow Pride Youth Alliance

San Diego LGBT Community Center

San Diego Pride

Santa Clarita Valley Democrats

Santa Monica Democratic Club

SEIU California

Somos Familia Valle

Stonewall Alliance of Chico

The LGBTQ Community Center of the Desert

The San Diego LGBT Community Center

The Source LGBTQ+ Center

The Women's Building

Transfamily Support Services

Transgender Health and Wellness Center

Transyouth Liberation

Viet Rainbow of Orange County

OPPOSITION: (Verified 9/1/23)

California Parents Union

Carlsbad Citizens for Community Oversight

Our Duty

Perk Advocacy

Real Impact

ARGUMENTS IN SUPPORT: According to the California Teachers Association, “Training can help teachers to recognize the unique challenges faced by LGBTQ+ students, as well as any signs of distress, and provide resources to support these students. Additionally, knowing the rights of LGBTQ+ students will help educators to create an inclusive, accepting, and welcoming school environment. CTA believes every student attending a public school in California is entitled to equal access to all educational opportunities. We are proud to co-sponsor AB 5, because the bill will provide public school teachers and staff, who are on the front lines of supporting California students, with the training and support they need to better serve LGBTQ+ and all students. Teachers must be supported in their efforts to focus on student learning.”

ARGUMENTS IN OPPOSITION: According to the California Parents Union, “AB 5, titled The Safe and Supportive Schools Act, would “require the State Department of Education, on or before July 1, 2025, to finalize the development of an online training delivery platform and an online training curriculum to support LGBTQ cultural competency training for teachers and other certificated employees serving pupils in grades 7-12.” AB 5 would require local educational agency to provide such training to 7-12 teachers and monitor the compliance. Many of our CPUnion members strongly believe that public schools’ focus should be on academics. Many of our members also believe that each district is different as it serves a unique population of students. AB 5 would reduce local control regarding teacher training by mandating all teachers serving students in grades 7-12 to be trained to better serve LGBTQ pupils. Existing law encourages schools to offer such training, but it is not a mandate. Many of our CPUnion members are concerned that mandated LGBTQ cultural competency training will take time from teachers to collaborate on instruction for academic excellence.”

ASSEMBLY FLOOR: 64-4, 5/22/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NOES: Megan Dahle, Gallagher, Jim Patterson, Joe Patterson

NO VOTE RECORDED: Chen, Davies, Dixon, Essayli, Flora, Vince Fong, Lackey, Mathis, Quirk-Silva, Sanchez, Ta, Villapudua

Prepared by: Kordell Hampton / ED. / (916) 651-4105

9/4/23 9:26:40

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 5 (Zbur) - The Safe and Supportive Schools Act

Bill Summary:

This bill requires the California Department of Education (CDE) to develop an online training curriculum and online delivery platform by July 1, 2025 to support LGBTQ+ cultural competency training for teachers and certificated employees. This bill also requires local educational agencies (LEAs) to provide at least one hour of training each year to all certificated staff on cultural competency in supporting lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) students.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on September 1, 2023

Fiscal Impact:

• The CDE indicates that any workload associated with compliance monitoring as a result of this bill could be absorbed within existing resources.
• The CDE estimates one-time General Fund costs of approximately $770,000 for increased demand of the existing online professional development platform. This work is contracted with the San Joaquin County Office of Education.

• This bill could result in a reimbursable state mandate for LEAs to provide one hour of training each year to all teachers and other certificated employees serving pupils in grades seven through 12. Assuming an hourly rate of $60 for each of the 130,000 teachers statewide in middle and high schools, the Proposition 98 General Fund costs would be about $7.8 million. This cold create pressure for the state to increase the K-12 Mandate Block Grant.

Author Amendments:

Remove the requirement for LEAs to track the number of employees who received the training and provide that information on its website and to the department, and replace it with a requirement to maintain records documenting the training, as specified.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 5 (Zbur) - The Safe and Supportive Schools Act

Bill Summary:

This bill requires the California Department of Education (CDE) to develop an online training curriculum and online delivery platform by July 1, 2025 to support LGBTQ+ cultural competency training for teachers and certificated employees. This bill also requires local educational agencies (LEAs) to provide at least one hour of training each year to all certificated staff on cultural competency in supporting lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) students.

Fiscal Impact:

• The CDE estimates one-time General Fund costs of $1.3 million to contract for the establishment of a portal that will allow them to monitor compliance with the training requirement through its existing annual compliance monitoring process of state and federal programs. According to CDE, this will take five years to implement.
• The CDE also estimates ongoing General Fund costs of approximately $487,000 for ongoing costs associated with complying with this bill. This estimate includes $250,000 for 1.5 positions and $175,000 to contract for ongoing maintenance of the portal.
• This bill could result in a reimbursable state mandate for LEAs to provide one hour of training each year to all teachers and other certificated employees serving pupils in grades seven through 12. Assuming an hourly rate of $60 for each of the 130,000 teachers statewide in middle and high schools, the Proposition 98 General Fund costs would be about $7.8 million. This cold create pressure for the state to increase the K-12 Mandate Block Grant.

Background:

Existing law requires the CDE to monitor, through its federal program monitoring process, whether LEAs have:

• 1. Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics defined as hate crimes, and immigration status, 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;
  2. Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying;
  3. Publicized antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, including information about the manner in which to file a complaint to students, parents, employees, agents of the governing board, and he general public;
  4. Provided certificated school employees in schools serving students in grades 7 to 12, information on existing schoolsite and community resources related to the support of LGBTQ+ students, or related to the support of students who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation;
  5. Posted the policy in all schools and offices, including staff lounges and student government meeting rooms;
  6. Maintained documentation of complaints and their resolution for a minimum of one review cycle;
  7. Ensured that complainants are protected from retaliation and that their identity remains confidential, as appropriate; and
  8. Identified a responsible LEA officer for ensuring compliance.

Proposed Law:

This bill requires the CDE, using resources appropriated in the Budget Act of 2021 for this purpose, by July 1, 2025, to finalize the development of an online training delivery platform and online training curriculum to support LGBTQ+ cultural competency training for teachers and certificated employees with specified topics, including:

• 1. The creation of safe and supportive learning environments for LGBTQ+ pupils, including those with multiple intersecting identities, including, but not limited to, those who are members of the LGBTQ+ community, members of communities of color, immigrants, or people living with the human immunodeficiency virus.
  2. Identifying LGBTQ+ youth who are subject to, or may be at risk of, bullying and lack of acceptance at home or in their communities.
  3. Providing targeted support services to LGBTQ+ youth, including counseling services.
  4. Requirements regarding school anti-bullying and harassment policies and complaint procedures; and
  5. Requirements regarding suicide prevention policies and related procedures.

This bill requires an LEA, commencing with the 2025–26 school year, and continuing through the 2029–30 school year, at least one hour of training annually to all teachers and other certificated employees during the employee’s regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative, serving pupils in grades 7 to 12, inclusive, in a manner designed to cover the core elements of the curriculum developed above over the five-year period and specifies that training may be provided using the online training curriculum and platform developed by CDE.

This bill requires an LEA to ensure that the in-service training it chooses to use as an alternative to the online training developed by CDE is substantially similar to and meets the same standards of the online training. It specifies employees may complete training individually or as part of a group presentation, and the training may be completed in shorter segments as long as the applicable hourly total requirement is met. It also specifies nothing prohibits an LEA from providing longer, more frequent, relevant in-service training to meet the online training standards, provided that it is mutually agreed to with the employee’s exclusive representative. This bill requires an LEA to exempt a teacher or certificated employee from the training if they have completed the training within the same year at another local educational agency in this state.

This bill requires ELAs to post on its website the number of its teachers and other certificated employees who received online or in-service training and make it available to the CDE upon request as part of the department’s annual compliance monitoring of state and federal programs.

This bill requires the CDE to provide a report to the relevant policy and fiscal committees of the Legislature, and be posted on its website, within nine months after the conclusion of the 2029–30 school year, summarizing the data collected through compliance monitoring over the five-year period, including the LEA selected for monitoring and relevant compliance findings, as specified.

Related Legislation:

SB 857 (Laird, 2023) would require the State Superintendent of Public Instruction (SPI), on or before July 1, 2024, to convene an advisory task force to identify the statewide needs of LGBTQ+ pupils and report its findings to the Legislature, the SPI, and Governor by January 1, 2026. This bill is pending in the Assembly Appropriations Committee.

AB 493 (Gloria, Chapter 775, Statutes of 2019) requires the CDE to develop resources or update existing resources for in-service training on schoolsite and community resources for the support of LGBTQ+ students for use in LEAs and charter schools serving students in grades 7-12.

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 LGBTQ+ students.

Staff Comments:

AB 128 (Ting, Chapter 21, Statutes of 2021), the 2021 Budget Act, provided $163,000 in one-time General Fund to support an existing position at CDE to select and collaborate with a lead partner on the development of an online LGBTQ+ cultural competency training platform; $160,000 in one-time funding to CDE to contract with an LGBTQ+ organization to serve as the lead partner to CDE in the development of an online LGBTQ+ cultural competency training platform; and $275,000 in one-time General Fund for the Superintendent of Public Instruction and the lead partner to establish an advisory committee to inform the development and content of the LGBTQ+ cultural competency training curriculum to assure that it is culturally competent, comprehensive, and meets the needs of LGBTQ+ pupils, families, and teachers.

The 2021 education omnibus budget trailer bill (AB 130, Committee on Budget, Chapter 44, Statutes of 2021) provided $2.4 million General Fund to CDE to create an online training on schoolsite and community resources focused on strategies to support LGBTQ+ pupils. Of this amount, $1.8 million was to be used to develop online training content for teachers and other certificated staff. According to CDE, it is currently developing the online training platform required by AB 130. The CDE intends to use this platform to fulfill the training platform required by this bill.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: July 12, 2023

Subject: .

SUMMARY

This bill requires the California Department of Education (CDE) to complete the development of an online training curriculum and online delivery platform by July 1, 2025 and requires local educational agencies (LEAs) to provide and require at least one hour of training annually to all certificated staff, beginning with the 2025-26 school year through the 2029-30 school year, on cultural competency in supporting lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) students.

BACKGROUND

Existing Law

Education Code (EC)

1. Requires the CDE to monitor, through its federal program monitoring process, whether LEAs have:
   1. Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics defined as hate crimes, and immigration status, 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;
   2. Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying;
   3. Publicized antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, including information about the manner in which to file a complaint to students, parents, employees, agents of the governing board, and he general public;
   4. Provided certificated school employees in schools serving students in grades 7 to 12, information on existing schoolsite and community resources related to the support of LGBTQ+ students, or related to the support of students who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation;
   5. Posted the policy in all schools and offices, including staff lounges and student government meeting rooms;
   6. Maintained documentation of complaints and their resolution for a minimum of one review cycle;
   7. Ensured that complainants are protected from retaliation and that their identity remains confidential, as appropriate; and
   8. Identified a responsible LEA officer for ensuring compliance. (EC 234.1)
2. Requires the CDE, by July 1, 2021, to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of LBGTQ+ students and strategies to increase support for LGBTQ+ students and improve overall school climate. Requires the resources to be designed for use in schools operated by a school district, county office of education (COE), and charter schools serving students in grades 7 to 12, inclusive. Encourages schools serving students in grades 7 to 12 to use these resources to provide training at least once every two years to teachers and other certificated employees. (EC 218)

ANALYSIS

This bill requires the CDE to complete the development of an online training curriculum and online delivery platform by July 1, 2025, and requires LEAs to provide and require at least one hour of training annually to all certificated staff, beginning with the 2025-26 school year through the 2029-30 school year, on cultural competency in supporting LGBTQ+ students. Specifically, this bill:

California Department of Education: Online Training Delivery Platform

1. Requires the CDE, using resources appropriated in the Budget Act of 2021 for this purpose, by July 1, 2025, to finalize the development of an online training delivery platform and online training curriculum to support LGBTQ+ cultural competency training for teachers and certificated employees with the following topics:
   1. The creation of safe and supportive learning environments for LGBTQ+ pupils, including those with multiple intersecting identities, including, but not limited to, those who are members of the LGBTQ+ community, members of communities of color, immigrants, or people living with the human immunodeficiency virus.
   2. Identifying LGBTQ+ youth who are subject to, or may be at risk of, bullying and lack of acceptance at home or in their communities.
   3. Providing targeted support services to LGBTQ+ youth, including counseling services.
   4. Requirements regarding school anti-bullying and harassment policies and complaint procedures.
   5. Requirements regarding suicide prevention policies and related procedures.
   6. Requirements regarding policies relating to the use of school facilities, including, but not limited to, bathrooms and locker rooms.
   7. Requirements regarding policies and procedures to protect the privacy of LGBTQ+ pupils.
   8. The importance of identifying local, community-based organizations supporting LGBTQ+ youth.
   9. The importance of identifying local physical and mental health providers with experience in treating and supporting LGBTQ+ youth.
   10. The formation of peer support or affinity clubs and organizations.
   11. The importance of school staff who have received antibias or other training to support LGBTQ+ youth.
   12. Health and other curriculum materials that are inclusive of and relevant to LGBTQ+ youth.

Teacher Training

1. Requires an LEA, commencing with the 2025–26 school year, and continuing through the 2029–30 school year, at least one hour of training annually to all teachers and other certificated employees during the employee’s regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative, serving pupils in grades 7 to 12, inclusive, in a manner designed to cover the core elements of the curriculum developed in 1) above over the five-year period and species that training may be provided using the online training curriculum and platform developed by CDE.
2. Requires an LEA to ensure that the in-service training it chooses to use as an alternative to the online training developed by CDE is substantially similar to and meets the same standards of the online training
3. Specifies employees may complete training individually or as part of a group presentation, and the training may be completed in shorter segments as long as the applicable hourly total requirement is met
4. Specifies nothing prohibits an LEA from providing longer, more frequent, relevant in-service training to meet the online training standards, provided that it is mutually agreed to with the employee’s exclusive representative.
5. Requires an LEA to exempt a teacher or certificated employee from the training if they have completed the training within the same year at another local educational agency in this state.

Compliance and Transparency

1. Requires ELAs to post on its website the number of its teachers and other certificated employees who received online or in-service training and make it available to the CDE upon request as part of the department’s annual compliance monitoring of state and federal programs.
2. Requires the CDE to provide a report to the relevant policy and fiscal committees of the Legislature, and be posted on its website, within nine months after the conclusion of the 2029–30 school year, summarizing the data collected through compliance monitoring over the five-year period, including the LEA selected for monitoring and relevant compliance findings, as specified.

STAFF COMMENTS

1. Need for the bill. According to the author “Every child deserves to attend a safe and supportive school where they have the greatest possible opportunity to learn and succeed. Despite much progress, LGBTQ+ students still experience harassment, violence, and lack of affirmation in school settings far too often. These experiences can harm LGBTQ+ students’ school performance and success, self-esteem, and mental health and can reduce their desire to pursue post-secondary education. Lack of adequate support in schools results in high dropout rates, which leads to high rates of poverty, homelessness and engagement with the criminal justice system for LGBTQ+ people. AB 5 will provide public school teachers and staff, who are on the front lines of supporting California students, with the training and support they need to better serve LGBTQ+ and all students.”
2. 2021 National School Climate Survey by the Gay, Lesbian & Straight Education Network (GLSEN). A growing body of research has linked disparities to non-binary students' experiences of violence, harassment, and exclusion in educational settings. LGBTQ+ youth often navigate more hostile school climates than their peers. According to a 2021 National School Climate Survey by the GLSEN, "76.1% of LGBT students were verbally harassed, 31.2% were physically harassed, and 12.5% were physically assaulted due to their sexual orientation." Furthermore, 81.8% of LGBTQ+ students who participated in GLSEN's survey reported feeling unsafe in school because of at least one of their actual or perceived personal characteristics. The relationship between marginalization and mental health in gender minority populations is well documented. In the same survey, over half of LGBTQ+ students (61.6%) reported feeling unsafe in school because of their mental health or emotional disability. Non-binary students' experiences of violence, harassment, and exclusion in educational settings can lead to negative educational experiences, including:

Chronic Absenteeism: School-based victimization can impinge on a student's right to an education. Students who are regularly harassed or assaulted during the school day may attempt to avoid these hurtful experiences by not attending school and may be more likely to miss school than students who do not experience such victimization. We found that experiences of both in-person and online victimization were related to missing days of school. Higher levels of in-person victimization and higher levels of online victimization in school regarding sexual orientation, gender expression, and gender were both associated with more than a two times greater likelihood of missing school in the past month for LGBTQ+ students.

Difficulty in Reaching Academic Achievement: Among those who attended school in person, either full-time or combined with online instruction, LGBTQ+ students who reported higher levels of in-person victimization regarding their sexual orientation were nearly twice as likely to report that they did not plan on pursuing their education beyond high school (16.6% vs. 9.4%), and LGBTQ+ students reporting higher levels of victimization based on gender expression or gender were twice as likely (18.3% vs. 8.8% and 18.1% vs. 9.0%, respectively).

School Discipline: More than a third (40.7%) of students in this survey reported having been disciplined at school, with most of these students reporting discipline that occurred in school, such as being sent to the principal's office (24.1%), being isolated alone in a classroom or hallway, and receiving detention (20.3%). A smaller portion of LGBTQ+ students reported experiencing disciplinary consequences that prohibited them from attending school, such as out-of-school suspension and expulsion (4.8%). 

A link to the report can be found here.

1. CDE: Supporting LBGTQ+ Students. CDE currently provides instructional guidance, references, and policies on its website to help LEAs and families support their LGBTQ+ students, such as highlighting the Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act, which prescribes inclusion of the contributions of groups previously excluded in the history of California and the U.S. This section once included men and women and numerous ethnic groups; the expanded language requires the inclusion of the contributions of LGBTQ+ Americans to California and U.S. history as well as their roles in contemporary society.

The website also includes training offered by the American Psychological Association and the Trevor Project, resources for schools such as establishing peer support or Affinity Clubs on campus, links to antibias training to support LBGTQ+ youth, and how to create safe spaces for LBGTQ+ students on campus. 

CDE also provides its website resources to serve LGBTQ+ and all students by region. For example, LEAs and families in Monterey, Santa Clara, Santa Cruz, and San Benito can be connected to the Billy DeFrank Lesbian and Gay Community Center, PFLAG, Queer Youth Task Force, and Epicenter Monterey. In another instance, LEAs and families in Riverside, Inyo, Mono, and San Bernardino, can find resources to help their students at the Desert AIDS Project, Joshua’s Home, Safe Schools, Desert Cities, and TruEvolution. 

Moreover, as part of its compliance monitoring, current law requires CDE to assess whether local schools have provided information to certificated staff serving grades 7-12 on school sites and community resources for LGBTQ students. Current law also requires the CDE to monitor local schools to ensure the adoption of policies prohibiting discrimination, harassment, intimidation, and bullying based on sexual orientation, gender, gender identity, or gender expression.

1. Related legislation

SB 857 (Laird, 2023) would require the State Superintendent of Public Instruction (SPI), on or before July 1, 2024, to convene an advisory task force (Task Force) to identify the statewide needs of LGBTQ+ pupils and report its findings to the Legislature, the SPI, and Governor by January 1, 2026. This bill is in Assembly Education Committee.

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 LGBTQ+ students.

AB 493 (Gloria), Chapter 775, Statutes of 2019, requires that, no later than July 1, 2021, the CDE develop resources or update existing resources for in-service training on schoolsite and community resources for the support of LGBTQ+ students for use in LEAs and charter schools serving students in grades 7-12. Requires the CDE to periodically provide online training on this topic that can be accessed on a statewide basis.

AB 2240 (Gloria, 2020) would have required the CDE to create an online training delivery platform and an online training curriculum on schoolsite and community resources for the support of LGBTQ+ pupils and strategies to increase support for LGBTQ+ pupils, as specified and encourage each school operated by a school district or COE and each charter school to use the online training delivery platform and curriculum to provide training at least once every 2 years to teachers and other certificated employees at those schools.

SUPPORT

California Teachers Association (Co-Sponsor)

Equality California (Co-Sponsor)

ACLU California Action

American Federation of State, County, and Municipal Employees

APLA Health

California Association of Local Conservation Corps

California Charter Schools Association

California School Nurses Organization

California School-Based Health Alliance

California TRANSends

Citizens for Choice

County of Los Angeles

Gender Spectrum

LGBTQ Center OC

Los Angeles County Office of Education

Los Angeles LGBT Center

Naral Pro-Choice California

National Association of Social Workers, California Chapter

National Center for Lesbian Rights

Nextgen California

Positive Images LGBTQIA+ Center

Radiant Health Centers

San Diego Pride

Santa Monica Democratic Club

Seiu California

The Source LGBTQ+ Center

The Women's Building

Viet Rainbow of Orange County

OPPOSITION

California Parents Union

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 5

Author:(Zbur)

As Amended Ver:May 2, 2023

Majority vote

SUMMARY

Requires local educational agencies (LEAs) to provide and require at least one hour of training annually to all certificated staff, beginning with the 2025-26 school year through the 2029-30 school year, on cultural competency in supporting lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) students. Requires the California Department of Education (CDE) to complete the development of an online training curriculum and online delivery platform by July 1, 2025 and authorizes LEAs to use the online training or an equivalent in-service training. Requires LEAs to maintain records on compliance with the requirement, to post on their website, and make it available to the CDE during the compliance monitoring process. Requires CDE to provide a report to the Legislature on compliance with this requirement at the conclusion of the five-year period.

Major Provisions

1. Requires the CDE to finalize the development of an online training delivery platform and online training curriculum, with specified elements, to support LGBTQ+ cultural competency training for teachers and certificated employees, by July 1, 2025, and authorizes the CDE to use resources appropriated in the Budget Act of 2021 for this purpose.
2. Requires LEAs to provide at least one hour of LGBTQ+ cultural competency training annually for five years, from 2025-26 through 2029-30, for all certificated staff, and authorizes the use of the online curriculum or an equivalent in-service training.
3. Require LEAs to maintain documentation on the completion rate among certificated employees, and to post this information on the LEA website annually, and to make this information available, upon request by the CDE as part of its annual compliance monitoring of state and federal programs.
4. Require the CDE to report to the Legislature within nine months of the completion of the five-year training period, the data on LEA's compliance with this requirement that has been collected through the annual compliance monitoring process.

COMMENTS

Schoolsite supports can improve outcomes for LGBTQ+ students. Several supportive factors at school appear to improve academic outcomes and improve safety for LGBTQ+ students.

Research shows 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.

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." 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.

CDE's LGBTQ+ training under development. The Budget Act of 2021 appropriated $2.4 million to the CDE to develop an online training on schoolsite and community resources focused on strategies to support LGBTQ+ students. The original intent was for the training content to be completed by June 30, 2024, but the CDE has requested an extension until June 30, 2025, due to delays in establishing the necessary contracts.

The CDE, in collaboration, with the Los Angeles County Office of Education (LACOE) and Equality California, is developing the content. The current plan identifies 6 courses of one-hour each, for a total of six hours. Each course will be available in 20-minute modules. This bill would require one hour of training annually for five years for certificated staff.

According to the Author

"Every child deserves to attend a safe and supportive school where they have the greatest possible opportunity to learn and succeed. Despite much progress, LGBTQ+ students still experience harassment, violence, and lack of affirmation in school settings far too often. These experiences can harm LGBTQ+ students' school performance and success, self-esteem, and mental health and can reduce their desire to pursue post-secondary education. Lack of adequate support in schools results in high dropout rates, which leads to high rates of poverty, homelessness and engagement with the criminal justice system for LGBTQ+ people. AB 5 will provide public school teachers and staff, who are on the front lines of supporting California students, with the training and support they need to better serve LGBTQ+ and all students."

Arguments in Support

The California Federation of Teachers, a co-sponsor of the bill, writes "According to the GLSEN 2019 National School Climate Survey, more than 86% of LGBTQ+ students experienced harassment or assault based on personal characteristics (such as sexual orientation, gender expression, perceived religion, actual or perceived race, ethnicity, or disability), and nearly a fifth of LGBTQ+ students reported changing schools due to feeling unsafe or uncomfortable at school. In February 2023, the CDC released results from its 2021 Youth Risk Behavior Survey, which showed high levels of violence, depression, and suicidal thoughts among lesbian, gay, and bisexual youth. According to the findings, more than one in five of these students reported attempting suicide in the year before the survey, and at least 52% said they struggled with mental health. This is unacceptable. It is vital that California creates a school environment that accepts all students for who they are. AB 5 would require LGBTQ+ training for all California public schools. The recognition of the basic human right for every student regardless of sexual orientation or gender expression should be held in the same esteem as any other civil right, and this bill provides educators the opportunity to hone in the supportive skills to meet this moment. This legislation is a critical step toward ensuring that all schools are safe and supportive."

Arguments in Opposition

A number of individuals write in opposition stating that schools should focus on the curriculum and not on the training proposed in the bill.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. One-time General Fund costs of $1.3 million to CDE to contract to create a portal that will allow CDE to monitor compliance with the training requirement through its existing annual compliance monitoring process of state and federal programs. According to CDE, this will take five years to implement.
2. Ongoing General Fund costs of approximately $487,150 to CDE for ongoing costs associated with complying with this bill. This includes funding of about $250,000 for 1.5 positions, $175,000 to contract for ongoing maintenance for the portal, and overhead.
3. Ongoing Proposition 98 General Fund cost pressures to LEAs to provide one hour of training annually to all teachers and other certificated employees serving pupils in grades seven through 12. According to CDE data, the state has over 130,000 teachers teaching in middle and high schools. The average salary of public school teachers in the 2020-21 school year was $85,856. Assuming an hourly rate per teacher of $60, total annual cost pressures would be $8 million. According to CDE, most LEAs already have professional development days for staff which this training could be added to.

If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

VOTES

ASM EDUCATION: 6-0-1

YES: Muratsuchi, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva

ABS, ABST OR NV: Megan Dahle

ASM APPROPRIATIONS: 11-1-4

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

NO: Dixon

ABS, ABST OR NV: Megan Dahle, Mathis, Robert Rivas, Sanchez

UPDATED

VERSION: May 2, 2023

CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0000832

Date of Hearing: May 17, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 5

Author:(Zbur) – As Amended Ver:May 2, 2023

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

SUMMARY:

This bill requires the California Department of Education (CDE), by July 1, 2025, to finalize the development of an online training delivery platform and online training curriculum CDE has already started developing to support lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) cultural competency training for teachers and other certificated employees. The bill specifies CDE may use funding it received as part of the Budget Act of 2021 to fulfill this requirements. The bill also requires local educational agencies (LEAs) to provide and require a LGBTQ+ cultural competency training for certificated staff.

Specifically, this bill requires, commencing with the 2025-26 school year, and continuing through the 2029-30 school year, a local educational agency to provide and require at least one hour of training annually to all teachers and other certificated employees serving pupils in grades seven to 12. The training is to be completed on paid time during employees’ regular work hours or designated professional development hours, unless otherwise negotiated. The bill allows LEAs to provide the training using the online training curriculum and platform this bill requires CDE to develop, or with in-service training using resources current law required CDE to develop. In addition, LEAs are to track the number of people who received a training and post that information online and make it available to CDE.

CDE is also to monitor compliance with the training requirement through its existing annual compliance monitoring process of state and federal programs. In addition, the bill requires CDE to provide a report to the Legislature within nine months after the conclusion of the 2029-30 school year. CDE is to post the report to its website.

FISCAL EFFECT:

1. One-time General Fund costs of $1.3 million to CDE to contract to create a portal that will allow CDE to monitor compliance with the training requirement through its existing annual compliance monitoring process of state and federal programs. According to CDE, this will take five years to implement.
2. Ongoing General Fund costs of approximately $487,150 to CDE for ongoing costs associated with complying with this bill. This includes funding of about $250,000 for 1.5 positions, $175,000 to contract for ongoing maintenance for the portal, and overhead.
3. Ongoing Proposition 98 General Fund cost pressures to LEAs to provide one hour of training annually to all teachers and other certificated employees serving pupils in grades seven through 12. According to CDE data, the state has over 130,000 teachers teaching in middle and high schools. The average salary of public school teachers in the 2020-21 school year for was $85,856. Assuming an hourly rate per teacher of $60, total annual cost pressures would be $8 million. According to CDE, most LEAs already have professional development days for staff which this training could be added to.

If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

COMMENTS:

Background. Current law required CDE by July 1, 2021, to develop or update an in-service training on schoolsite and community resources for the support of LGBTQ+ pupils, pupils and strategies to increase support for LGBTQ+ pupils for use in schools serving pupils in grades seven to 12. Current law, however, does not require LEA staff complete the training.

AB 128 (Ting), Chapter 21, Statutes of 2021, provided funding for various items related to this bill. Specifically, the budget bill provided $163,000 in one-time General Fund to support an existing position at CDE to select and collaborate with a lead partner on the development of an online LGBTQ+ cultural competency training platform; $160,000 in one-time funding to CDE to contract with an LGBTQ+ organization to serve as the lead partner to CDE in the development of an online LGBTQ+ cultural competency training platform; and $275,000 in one-time General Fund for the Superintendent of Public Instruction and the lead partner to establish an advisory committee to inform the development and content of the LGBTQ+ cultural competency training curriculum to assure that it is culturally competent, comprehensive, and meets the needs of LGBTQ+ pupils, families, and teachers.

The 2021 education omnibus budget trailer bill (AB 130 (Committee on Budget), Chapter 44, Statutes of 2021), provided $2.4 million General Fund to CDE to create an online training on schoolsite and community resources focused on strategies to support LGBTQ+ pupils. Of this, $1.8 million was to be used to develop online training content for teachers and other certificated staff.

According to CDE, it currently is developing the online training platform required by AB 130. CDE will use this platform to fulfill the training platform requirements of this bill. The training platform will be free to LEAs to use to fulfill the training requirements of this bill.

This bill is sponsored by the Superintendent of Public Instruction.

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

Date of Hearing: April 26, 2023

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 5 (

Author:Zbur) – As Amended Ver:April 17, 2023

SUBJECT: The Safe and Supportive Schools Act

SUMMARY: Requires the California Department of Education (CDE) to finalize the development of an online training delivery platform and online training curriculum to support lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) cultural competency training for teachers and certificated employees by July 1, 2025, and requires schools to provide at least four hours of training to school staff in schools serving students in grades 7 to 12, every three years beginning in 2025-26. Specifically, this bill:

1. Requires the CDE to finalize the development of an online training delivery platform and online training curriculum to support LGBTQ+ cultural competency training for teachers and certificated employees, by July 1, 2025, and authorizes the CDE to use resources appropriated in the Budget Act of 2021 for this purpose.
2. Removes the provision encouraging schools to use the resources developed by the CDE to provide training at least once every two years to teachers and other certificated staff serving students in grades 7 to 12.
3. Requires LEAs to provide at least four hours of training to teachers and other certificated employees serving students in grades 7 to 12, beginning with the 2025-26 school year, and every three years thereafter.
4. Requires the training developed by the CDE to include information on all of the following topics:
5. The creation of safe and supportive learning environments for LGBTQ+ pupils, including those with multiple intersecting identities, including, but not limited to, those who are members of the LGBTQ+ community, members of communities of color, immigrants, or people living with the human immunodeficiency virus (HIV);
6. Identifying LGBTQ+ youth who are subject to, or may be at risk of, bullying and lack of acceptance at home or in their communities;
7. The provision of targeted support services to LGBTQ+ youth, including counseling services;
8. Requirements regarding school anti-bullying and harassment policies, and complaint procedures;
9. Requirements regarding suicide prevention policies and related procedures;
10. Requirements regarding policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms;
11. Requirements regarding policies and procedures to protect the privacy of LGBTQ+ pupils;
12. The importance of identifying local, community-based organizations that provide support to LGBTQ+ youth;
13. The importance of identifying local physical and mental health providers with experience in treating and supporting LGBTQ+ youth;
14. The formation of peer support or affinity clubs and organizations;
15. The importance of school staff who have received anti-bias or other training aimed at supporting LGBTQ+ youth; and
16. Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ+ youth.
17. Requires LEAs, beginning in the 2025-26 school year, to provide a minimum of four hours of training to teachers and other certificated employees serving students in grades 7 to 11 every three years, and specifies that LEAs may provide longer, more frequent, or more elaborate relevant in-service training to meet the online training standards.
18. Authorizes LEAs to provide the training using the online training curriculum and platform developed by the CDE, or with comparable in-service training using the resources developed by the CDE that meet the standards of the online training.
19. Requires the CDE to ensure that the in-service training provided by a LEA as an alternative to the online training is substantially similar to, and meets the same standards of the online training.
20. Requires LEAs electing to deliver training using the in-service method, to track and report to the CDE, the number of its teachers and other certificated employees who received the in-service training.
21. Requires LEAs to ensure that teachers and other certificated employees complete the training on paid time during regular work hours or designated professional development hours, unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative.
22. Authorizes employees to complete the training individually or as part of a group presentation, and to complete the training in shorter segments, provided that the four hour total requirement is fulfilled within each three-year training cycle.
23. Requires each LEA to ensure that 95% of certificated staff complete the training required within each three-year training period.
24. Requires the CDE to provide a report to the Legislature, within three months after the conclusion of each three-year training period, detailing the percentage of each LEA’s certificated staff who completed the online training and the percentage who received the alternate in-service training.
25. Defines “local educational agency” for purposes of this bill, as a school district, county office of education (COE), or charter school serving students in grades 7 to 12.

EXISTING LAW:

1. Prohibits discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance, or enrolls pupils who receive state student financial aid. (Education Code (EC) 220)
2. Requires the California Department of Education (CDE) to monitor, through its federal program monitoring process, whether LEAs have:
   1. Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics defined as hate crimes, and immigration status, 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;
   2. Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying;
   3. Publicized antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, including information about the manner in which to file a complaint, to students, parents, employees, agents of the governing board, and the general public;
   4. Provided certificated school employees in schools serving students in grades 7 to 12, information on existing schoolsite and community resources related to the support of LGBTQ+ students, or related to the support of students who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation;
   5. Posted the policy in all schools and offices, including staff lounges and student government meeting rooms;
   6. Maintained documentation of complaints and their resolution for a minimum of one review cycle;
   7. Ensured that complainants are protected from retaliation and that their identity remains confidential, as appropriate; and
   8. Identified a responsible LEA officer for ensuring compliance. (EC 234.1)
3. Requires the CDE, by July 1, 2021, to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of LBGTQ+ students, and strategies to increase support for LGBTQ+ students and improve overall school climate. Requires the resources to be designed for use in schools operated by a school district, COE, and charter schools serving students in grades 7 to 12, inclusive. Encourages schools serving students in grades 7 to 12 to use these resources to provide training at least once every two years to teachers and other certificated employees. (EC 218)
4. Defines schoolsite resources to support LGBTQ students as including:
5. Peer support or affinity clubs and organizations;
6. Safe spaces for LGBTQ pupils;
7. Anti-bullying and harassment policies and related complaint procedures;
8. Counseling services;
9. School staff who have received anti-bias or training aimed at supporting LGBTQ youth;
10. Health and curriculum materials that are inclusive of, and relevant to, LGBTQ youth;
11. Suicide prevention policies and related procedures;
12. Policies relating to use of school facilities, including bathrooms and locker rooms; and
13. Policies and procedures to protect the privacy of LGBTQ pupils. (EC 218)
14. Defines community resources for the support of LGBTQ students as:
15. Local community-based organizations that provide support to LGBTQ youth; and
16. Local physical and mental health providers with experience in treating and supporting LGBTQ youth. (EC 218)
17. 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)
18. 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)
19. Requires a charter school to include in its petition to establish the charter school the procedures that the charter school will follow to ensure the safety of students and staff (EC 47605).
20. Requires schools districts, COEs, state special schools and diagnostic centers operated by the CDE, and charter schools to provide annual training, using the online training module provided by the State Department of Social Services (DSS), to their employees who are mandated reporters during the course of the school year, and to develop a process for all persons required to receive training within the first six weeks of each school year, or within the first six weeks of the person’s employment. (EC 44691)

FISCAL EFFECT: The Office of Legislative Counsel has keyed this bill as a possible state-mandated local program.

COMMENTS:

Need for the bill. According to the author, “Every child deserves to attend a safe and supportive school where they have the greatest possible opportunity to learn and succeed. Despite much progress, LGBTQ+ students still experience harassment, violence, and lack of affirmation in school settings far too often. These experiences can harm LGBTQ+ students’ school performance and success, self-esteem, and mental health and can reduce their desire to pursue post-secondary education. Lack of adequate support in schools results in high dropout rates, which leads to high rates of poverty, homelessness and engagement with the criminal justice system for LGBTQ+ people. AB 5 will provide public school teachers and staff, who are on the front lines of supporting California students, with the training and support they need to better serve LGBTQ+ and all students.”

LGBTQ+ students’ experiences impact academic outcomes. The Gay Lesbian Straight Education Network’s (GLSEN) 2021 National School Climate Survey of over 22,000 LGBTQ+ youth between the ages of 13 and 21 included the following findings:

• 82% of LGBTQ+ students reported feeling unsafe in school because of at least one of their actual or perceived personal characteristics;
• LGBTQ+ students most commonly avoided school bathrooms, locker rooms, and physical education or gym classes, with approximately 4 in 10 students avoiding each of these spaces because they felt unsafe or uncomfortable;
• 58% of students reported hearing homophobic remarks from their teachers or other school staff, and 72% of students reported hearing negative remarks about gender expression from teachers or other school staff;
• 97% of LGBTQ+ students heard “gay” used in a negative way (e.g., “that’s so gay”) at school; 68% heard these remarks frequently or often, and 94% reported that they felt distressed because of this language;
• 83% of LGBTQ+ students who attended school in-person at some point during the 2021-2022 academic year experienced in-person harassment or assault based on personal characteristics, including sexual orientation, gender expression, gender, religion, actual or perceived race or ethnicity, and actual or perceived disability;
• 31% were physically harassed (e.g., pushed or shoved) in the past year based on their sexual orientation, gender expression, or gender, 22% of LGBTQ+ students were physically harassed at school based on their sexual orientation, 21% based on gender expression, and 20% based on gender;
• 59% of LGBTQ+ students had experienced LGBTQ+-related discriminatory policies or practices at school. Some of the most common discriminatory policies and practices experienced by LGBTQ+ students were those that targeted students’ gender, potentially limiting their ability to make gender-affirming choices and negatively impacting their school experience;
• Of the LGBTQ+ students who indicated that they were considering dropping out of school, 31% indicated that they were doing so because of the hostile climate created by gendered school policies and practices; and
• LGBTQ+ students who experienced higher levels of in-person victimization because of their sexual orientation:
• Were nearly three times as likely to have missed school in the past month than those who experienced lower levels (61% vs. 23%);
• Felt lower levels of belonging to their school community, performed poorer academically, (2.83 vs. 3.15 average GPA), and were nearly twice as likely to report that they did not plan to pursue any post-secondary education than those who experienced lower levels (17% vs. 9%);
• Were nearly twice as likely to have been disciplined at school than those who experienced lower levels of victimization (61% vs. 34%); and
• Had lower self-esteem and higher levels of depression than those who experienced lower levels of victimization.

The GSLEN report notes that “Students who feel safe and supported at school have better educational outcomes. LGBTQ+ students who have LGBTQ+-related school resources report better school experiences and academic success. Unfortunately, all too many schools fail to provide these critical resources.”

Schoolsite supports can improve outcomes for LGBTQ+ students. Several supportive factors at school appear to improve academic outcomes and improve safety for LGBTQ+ students.

Research shows 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.

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.” 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.

Creating safe and affirming learning environments for LGBTQ+ students. The 2021 GSLEN survey recommendations include the following ways that school-based supports can positively affect LGBTQ+ students’ school experiences:

• Increasing student access to appropriate and accurate information regarding LGBTQ+ people, history, and events through inclusive curricula, and library and internet resources;
• Supporting student clubs, such as GSAs, that provide support for LGBTQ+ students;
• Providing professional development for school staff to improve rates of intervention and increase the number of supportive teachers and other staff available to students;
• Ensuring that school policies and practices, such as those related to dress codes and school dances, do not discriminate against LGBTQ+ students;
• Enacting school policies that provide transgender and gender nonconforming students equal access to school facilities and activities; and
• 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.

CDE’s LGBTQ+ training under development. As noted previously, the Budget Act of 2021 appropriated $2.4 million to the CDE to develop an online training on schoolsite and community resources focused on strategies to support LGBTQ+ students. The original intent was for the training content to be complete by June 30, 2024, but the CDE has requested an extension until June 30, 2025 due to delays in establishing the necessary contracts.

The CDE, in collaboration, with the Los Angeles County Office of Education (LACOE) and Equality California, is developing the content. The current plan identifies 6 courses of one-hour each, for a total of six hours:

• Course 1: LGBTQ+ 101 & Intersectional Identities;
• Course 2: Historical Context of LGBTQ+ Individuals;
• Course 3: Affinity Clubs & Peer Groups;
• Course 4: Anti-bullying & Harassment;
• Course 5: Suicide Prevention, Education, & Resiliency; and
• Course 6: Facilitation.

Each course will be available in 20-minute modules. This bill would require four hours of training for certificated staff over a three-year period.

Current training requirements. The state has not typically mandated teacher training as this tends to be a locally bargained issue, based upon the needs of each school community and staff. One exception is Mandated Reporter Training, which is required for all school staff annually and consists of a four-hour course. LEAs may impose other training requirements upon staff. One large school district in California requires the following of their staff:

• Administrator Certification;
• Bloodborne Pathogens Training;
• Breaking the Silence (Child Abuse Awareness);
• Child Abuse Awareness Training;
• Code of Conduct with Students;
• ELPAC Training;
• Implicit/Unconscious Bias;
• Injury Illness Prevention Program;
• IT Cyber Security Training;
• Sexual Harassment Training for Supervisors;
• Suicide Prevention and Awareness; and
• Workplace Harassment Prevention Training for Non-Supervisory Employees.

Many of these are required annually or bi-annually. This is in addition to the statewide requirement of four hours of Mandated Reporter Training. The Committee may wish to consider whether the additional four hours required by this bill is an excessive burden on teachers.

Recommended Committee Amendments. Staff recommend that the bill be amended as follows:

1. Remove the requirement for four hours of training over three years, and require an LEA to provide and require a minimum of one hour of training annually to all certificated employees, with a sunset after five years.
2. Specifies that a LEA is not prohibited from providing more frequent or longer training, provided that it is mutually agreed to with the employee’s exclusive representative.
3. Remove the requirement for LEAs to report to the CDE the number of certificated employees who have received in-service training to meet the required training hours, and instead require LEAs to maintain documentation on the completion rate among certificated employees, and to post this information on the LEA website annually, and to make this information available, upon request by the CDE as part of its annual compliance monitoring of state and federal programs.
4. Remove the requirement that the CDE ensure that an individual LEA’s in-service training meets the same standards as the required online training, and require that the LEA ensure that the training it is using meets the requirements, as specified.
5. Remove reference to a 95% compliance rate.
6. Require that the CDE monitor compliance with the training requirement as part of its annual compliance monitoring of state and federal programs.
7. Remove the requirement that the CDE provide a report to the Legislature at the conclusion of each three-year cycle detailing the percentage of each LEA’s certificated employees who have completed the online training and the percentage who have received the alternative in-service training, and instead, require the CDE to report to the Legislature within nine months of the completion of the five-year training period, the data on LEA’s compliance with this requirement that has been collected through the annual compliance monitoring.

Arguments in support. The California Federation of Teachers, a co-sponsor of the bill, writes “According to the GLSEN 2019 National School Climate Survey, more than 86% of LGBTQ+ students experienced harassment or assault based on personal characteristics (such as sexual orientation, gender expression, perceived religion, actual or perceived race, ethnicity, or disability), and nearly a fifth of LGBTQ+ students reported changing schools due to feeling unsafe or uncomfortable at school. In February 2023, the CDC released results from its 2021 Youth Risk Behavior Survey, which showed high levels of violence, depression, and suicidal thoughts among lesbian, gay, and bisexual youth. According to the findings, more than one in five of these students reported attempting suicide in the year before the survey, and at least 52% said they struggled with mental health. This is unacceptable. It is vital that California creates a school environment that accepts all students for who they are.

AB 5 would require LGBTQ+ training for all California public schools. The recognition of the basic human right for every student regardless of sexual orientation or gender expression should be held in the same esteem as any other civil right, and this bill provides educators the opportunity to hone in the supportive skills to meet this moment. This legislation is a critical step toward ensuring that all schools are safe and supportive.”

Arguments in opposition. A number of individuals write in opposition stating that schools should focus on the curriculum and not on the training proposed in the bill.

Related legislation. SB 857 (Laird) of the 2023-24 Session would require the SPI, on or before July 1, 2024, to convene an advisory task force to identify the statewide needs of LGBTQ+ students and report its findings to the Legislature, the SPI, and the Governor by January 1, 2026.

AB 493 (Gloria) Chapter 775, Statutes of 2019, requires that, no later than July 1, 2021, the CDE develop resources or update existing resources for in-service training on schoolsite and community resources for the support of LGBTQ students, for use in LEAs, including 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.

AB 2153 (Thurmond) of the 2017-18 Session 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 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.

REGISTERED SUPPORT / OPPOSITION:

Support

API Equality-LA

Brothers of the Desert

California Association for Health, Physical Education, Recreation and Dance

California Association of Local Conservation Corps

California LGBTQ Health and Human Services Network

California School-based Health Alliance

California School-Based Health Alliance

California State Council of Service Employees International Union (SEIU California)

California Teachers Association

Central California 2SLGBTQ+Collaborative

CFT- a Union of Educators & Classified Professionals, Aft, Afl-cio

Equality California

Fresno Spectrum Center

Gender Spectrum

LGBTQ Center OC

LGBTQ Community Center of the Desert

LGBTQ+ Rural Resource Center

Los Angeles County

Lyon-Martin Community Health Services

NorCal OUTreach Project Center

Rainbow Pride Youth Alliance

San Diego LGBT Community Center

San Diego Pride

Santa Clarita Valley Democrats

Somos Familia Valle

State Superintendent of Public Instruction Tony Thurmond

Stonewall Alliance of Chico

The Santa Monica Democratic Club

The Source LGBT+ Center

Transgender Health and Wellness Center

Transyouth Liberation

1 Individual

Opposition

14 individuals

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087