Existing law requires 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 and thereby improve overall school climate. Existing law requires those resources to be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive.

This bill would require the Superintendent of Public Instruction, on or before July 1, 2024, to convene an advisory task force to identify the needs of lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) pupils and to make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education and well-being, as provided. The bill would require advisory task force members to be selected by the Superintendent, as provided. The bill would require the advisory task force to, on or before January 1, 2026, report their findings and recommendations to the Legislature, the Superintendent, and the Governor.

Existing law requires 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 and thereby improve overall school climate. Existing law requires those resources to be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive.

This bill would require the Superintendent of Public Instruction, on or before July 1, 2024, to convene an advisory task force to identify the needs of lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) pupils and to make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education and well-being, as provided. The bill would require advisory task force members to be selected by the Superintendent, as provided. The bill would require the advisory task force to, on or before January 1, 2026, report their findings and recommendations to the Legislature, the Superintendent, and the Governor.

Existing law requires 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 and thereby improve overall school climate. Existing law requires those resources to be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive.

This bill would require the Superintendent of Public Instruction, on or before July 1, 2024, to convene an advisory task force to identify the statewide needs of lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) pupils and to make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education and well-being, as provided. The bill would require advisory task force members to be selected by the Superintendent, as provided. The bill would require the advisory task force to, on or before January 1, 2026, report their findings and recommendations to the Legislature, the Superintendent, and the Governor.

Existing law requires 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 and thereby improve overall school climate. Existing law requires those resources to be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive.

This bill would require the Superintendent of Public Instruction, on or before July 1, 2024, to convene an advisory task force to identify the statewide needs of lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) pupils and to make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education, education and well-being, as provided. The bill would require advisory task force members to be selected by the Superintendent, as provided. The bill would require the advisory task force to, on or before January 1, 2026, report their findings and recommendations to the Legislature, the Superintendent, and the Governor.

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, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.

This bill would make nonsubstantive changes to that provision.

 UNFINISHED BUSINESS  

Bill No: SB 857

Author: Laird (D), et al.

Amended: 9/7/23

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 4/12/23

AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 35-0, 5/15/23

AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Skinner, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Jones, Nguyen, Rubio, Seyarto, Smallwood-Cuevas

ASSEMBLY FLOOR: 66-0, 9/13/23 - See last page for vote

SUBJECT: Advisory task force: LGBTQ+ pupil needs

SOURCE: California Association of Student Councils

Equality California

DIGEST:

This bill requires 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 lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) pupils and report its findings to the Legislature, the SPI, and Governor by January 1, 2026.

Assembly Amendments

:

1. Clarify the objectives of the Task Force;
2. Increase the number on the Task Force from 11 to 15 and increase the number of pupils on the taskforce from three to eight; and
3. Make technical changes.

ANALYSIS:

Existing law:

1. Declares it is the policy of the State of California to afford equal rights and opportunities in the educational institutions of the state of to all persons in public schools, regardless of their 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 as specified. (Education Code (EC) § 200)
2. Requires the California Department of Education (CDE), as part of its compliance monitoring, to assess whether local educational agencies (LEAs) have provided information to certificated staff serving grades 7-12 on school site and community resources for LGBTQ students. (EC § 234.1 (d))
3. Requires the CDE to monitor LEAs for adoption of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression. (EC § 234.1(a))
4. Requires the CDE to monitor LEAs for adoption of processes for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying, and establishes complaint procedures. (EC § 234.1(b))

This bill:

1. Requires the SPI, on or before July 1, 2024, to convene a Task Force to identify the statewide needs of LGBTQ+ pupils and to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education, including, but not limited to, all of the following:
   1. Pupil mental health and feelings of safety and support.
   2.  Inclusive and safe access to school facilities.
   3.  Inclusive instructional material and school curriculum.
   4.  Prevention of, response to, and oversight of, bullying and harassment to determine the effectiveness of policies and programs.
   5.  Inclusive participation in campus activities.
2. Requires the SPI to select 15 members representative of all of the following group with, to the extent practicable, the members representing the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California’s LGBTQ+ community, and emphasis on identifying at-promise or disadvantaged LGBTQ+ pupils to serve as the high school members of the advisory task force.
   1. Eight pupils identifying as members of the LGBTQ+ community who are enrolled in a California high school;
   2. One school administrator currently employed by a LEA;
   3. Two certificated school teachers currently employed by LEA;
   4. Two mental health professionals, with a preference for those who practice LGBTQ+ affirming care;
   5. One community LGBTQ+ advocate, with a preference for one with programmatic expertise; and
   6. One representative from the Office of Health Equity established by the State Department of Public Health.
3. Requires the Task Force, on or before January 1, 2026 to report their findings and recommendations based on the assessment of areas described in #1 to the Legislature, the SPI, and the Governor as specified.
4. Specifies that the report may include minority findings and recommendation, at the request of any member of the Task Force.

Comments

1. Need for the bill. According to the author, “Across this nation school campuses have become a battle ground in the fight for LGBTQ+ dignity and humanity. LGBTQ+ students often find themselves caught in the cross fire, lacking the support and resources they need to thrive. A safe and supportive school environment allows LGBTQ+ students to succeed academically and has a significant impact on their overall wellbeing. California continues to lead the nation in supporting LGBTQ+ youth both on and off the campus, through robust policy projections and budget allocations. However, we still have a long way to go. Many school districts lack the resources needed to implement these laws, face hostile local social climates that impede implementation, and lack awareness regarding existing legal requirements and the best ways to meet them. School district administrators cannot address this issue alone they need the input and expertise of all of those involved in creating a thriving environment for LGBTQ+ youth on school grounds in order to succeed. SB 857 brings students, teachers, and administrators together to ensure that authentic voices from the community are involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while providing the State Department of Education with valuable perspectives to ensure resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs.”
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, academic achievement, and school discipline.
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. 

CDE also provides its website resources for families and Community organizations 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, current law requires CDE, as part of its compliance monitoring, 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.

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

According to the Assembly Appropriations Committee, minor and absorbable General Fund costs to CDE. CDE indicates the requirements of this bill are absorbable within the duties of the recently funded School Health Education Coordinator position at CDE.

SUPPORT: (Verified 9/13/23)

California Association of Student Councils (Source)
Equality California (Source)

State Superintendent of Public Instruction Tony Thurmond
ACLU California Action
American Association of University Women - California
Apla Health
Association of California School Administrators
California Charter Schools Association
California Federation of Teachers
California School-Based Health Alliance
California Teachers Association
California Transcends
California Youth Empowerment Network
Citizens for Choice
Dolores Huerta Foundation
Essential Access Health
Gender Spectrum
Jewish Federation of Greater Los Angeles
LGBTQ Center OC
Los Angeles LGBT Center
Los Angeles Unified School District
Mental Health America of California
National Center for Lesbian Rights
Our Family Coalition
Positive Images LGBTQIA+ Center
Radiant Health Centers
San Diego Pride
Santa Clarita Valley Democrats
The Source LGBT+ Center
The Women's Building
Transyouth Liberation
Viet Rainbow of Orange County

OPPOSITION: (Verified 9/13/23)

None received

ARGUMENTS IN SUPPORT: According to Equality California, "While states across the country are attacking LGBTQ+ students, particularly transgender and non-binary youth, SB 857 will send a powerful message that California is committed to ensuring that all students have an opportunity to succeed. Every student deserves to have a safe and supportive school environment where they can learn and succeed. Unfortunately, while California has passed a number of laws aimed at protecting LGBTQ+ students, many school districts lack the resources to implement these laws, face hostile local social climates that impede implementation, or lack awareness regarding existing legal requirements and the best ways to meet them. According to Equality California Institute’s 2022 Safe and Supportive Schools Report Card, 30% of school districts that responded to the survey had not adopted an anti-bullying policy that explicitly prohibits bullying on the basis of sexual orientation or gender identity. Nearly half (48%) of respondents had not adopted LGBTQ+ inclusive educational materials that are compliant with the FAIR Education Act. It is critical to properly implement existing laws and policies to build a safe and supportive school climate for LGBTQ+ students. There are also many ways in which school districts can go above and beyond legal requirements in fostering safe and supportive school climates for their LGBTQ+ students and staff. The creation of an LGBTQ+ advisory task force will bring students, teachers, and administrators together to ensure that authentic voices from the community are actively involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while also providing the CDE with valuable perspectives to ensure that resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs."

ASSEMBLY FLOOR: 66-0, 9/13/23

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

NO VOTE RECORDED: Chen, Megan Dahle, Davies, Dixon, Essayli, Vince Fong, Gallagher, Hoover, Lackey, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta

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

9/14/23 13:07:19

**** END ****

SENATE THIRD READING

STR Bill Id:SB 857

Author:(Laird)

As Amended Ver:September 7, 2023

Majority vote

SUMMARY

Requires the Superintendent of Public Instruction (SPI) by July 1, 2024, to convene an advisory task force of at least 15 members to identify the needs of LGBTQ+ students and make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ student education and well-being.

Major Provisions

1. Requires the SPI by July 1, 2024, to convene an advisory task force to identify the needs of LGBTQ+ students and provide recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ student education and well-being, including all of the following:
2. Pupil mental health and feelings of safety and support;
3. Inclusive and safe access to school facilities;
4. Inclusive instructional material and school curriculum;
5. Prevention of, response to, and oversight of, bullying and harassment to determine the effectiveness of policies and programs; and
6. Inclusive participation in campus activities.
7. Requires the advisory task force to include a minimum of 15 members, including students, administrators, teachers, mental health professionals, a community LGBTQ+ advocate, and a representative from the Office of Health Equity.
8. Requires the SPI, or their designee, to select the members of the task force and, to the extent practicable, ensure that they represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California's LGBTQ+ community.
9. Requires the task force to report their findings and recommendations to the Legislature, the SPI, and the Governor, by January 1, 2026 and, at the request of any member, authorizes the report to include minority findings and recommendations.

COMMENTS

Increased suicide risk for LGBTQ+ students. Research finds that LGBTQ+ youth are between two and seven times more likely to attempt suicide than their heterosexual peers. LGBTQ+ youth who report greater school connectedness and school safety also report lower suicidal ideation and fewer suicide attempts. In addition, lesbian and gay adolescents are at lower risk for attempting suicide if local school districts have anti-bullying policies that include sexual orientation. (Hatzenbuehler, 2014)

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.

According to the Author

"Across this nation school campuses have become a battle ground in the fight for LGBTQ+ dignity and humanity. LGBTQ+ students often find themselves caught in the cross fire, lacking the support and resources they need to thrive. A safe and supportive school environment allows LGBTQ+ students to succeed academically and has a significant impact on their overall wellbeing. California continues to lead the nation in supporting LGBTQ+ youth both on and off the campus, through robust policy projections and budget allocations. However, we still have a long way to go. Many school districts lack the resources needed to implement these laws, face hostile local social climates that impede implementation, and lack awareness regarding existing legal requirements and the best ways to meet them.

School district administrators cannot address this issue alone, they need the input and expertise of all of those involved in creating a thriving environment for LGBTQ+ youth on school grounds in order to succeed. SB 857 brings students, teachers, and administrators together to ensure that authentic voices from the community are involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while providing the State Department of Education with valuable perspectives to ensure resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs."

Arguments in Support

Equality California, on behalf of a number of organizations advocating for and supporting LGBTQ+ students, writes, "While states across the country are attacking LGBTQ+ students, particularly transgender and non-binary youth, SB 857 will send a powerful message that California is committed to ensuring that all students have an opportunity to succeed. Every student deserves to have a safe and supportive school environment where they can learn and succeed. Unfortunately, while California has passed a number of laws aimed at protecting LGBTQ+ students, many school districts lack the resources to implement these laws, face hostile local social climates that impede implementation, or lack awareness regarding existing legal requirements and the best ways to meet them. According to Equality California Institute’s 2022 Safe and Supportive Schools Report Card, 30% of school districts that responded to the survey had not adopted an anti-bullying policy that explicitly prohibits bullying on the basis of sexual orientation or gender identity. Nearly half (48%) of respondents had not adopted LGBTQ+ inclusive educational materials that are compliant with the FAIR Education Act.

It is critical to properly implement existing laws and policies to build a safe and supportive school climate for LGBTQ+ students. There are also many ways in which school districts can go above and beyond legal requirements in fostering safe and supportive school climates for their LGBTQ+ students and staff. The creation of an LGBTQ+ advisory task force will bring students, teachers, and administrators together to ensure that authentic voices from the community are actively involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while also providing the CDE with valuable perspectives to ensure that resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs."

Arguments in Opposition

One individual opposes schools being turned into mental health facilities and being forced to take on the responsibilities of a medical facility.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

Minor and absorbable General Fund costs to the California Department of Education (CDE). CDE indicates the requirements of this bill are absorbable within the duties of the recently funded School Health Education Coordinator position at CDE.

VOTES

SENATE FLOOR: 35-0-5

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Skinner, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Jones, Nguyen, Rubio, Seyarto, Smallwood-Cuevas

ASM EDUCATION: 5-0-2

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

ABS, ABST OR NV: Megan Dahle, Hoover

ASM APPROPRIATIONS: 12-1-3

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

NO: Mathis

ABS, ABST OR NV: Megan Dahle, Dixon, Sanchez

UPDATED

VERSION: September 7, 2023

CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0002089

SENATE THIRD READING

STR Bill Id:SB 857

Author:(Laird)

As Amended Ver:June 26, 2023

Majority vote

SUMMARY

Requires the Superintendent of Public Instruction (SPI) by July 1, 2024, to convene an advisory task force of at least 15 members to identify the statewide needs of LGBTQ+ students and make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ student education and well-being.

Major Provisions

1. Requires the SPI by July 1, 2024, to convene an advisory task force to identify the statewide needs of LGBTQ+ students and provide recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ student education and well-being within the state, including all of the following:
2. Pupil mental health and feelings of safety and support;
3. Inclusive and safe access to school facilities;
4. Inclusive instructional material and school curriculum;
5. Prevention of, response to, and oversight of, bullying and harassment to determine the effectiveness of policies and programs; and
6. Inclusive participation in campus activities.
7. Requires the advisory task force to include a minimum of 15 members, including students, administrators, teachers, mental health professionals, a community LGBTQ+ advocate, and a representative from the Office of Health Equity.
8. Requires the SPI, or their designee, to select the members of the task force and, to the extent practicable, ensure that they represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California's LGBTQ+ community.
9. Requires the task force to report their findings and recommendations to the Legislature, the SPI, and the Governor, by January 1, 2026 and, at the request of any member, authorizes the report to include minority findings and recommendations.

COMMENTS

Increased suicide risk for LGBTQ+ students. Research finds that LGBTQ+ youth are between two and seven times more likely to attempt suicide than their heterosexual peers. LGBTQ+ youth who report greater school connectedness and school safety also report lower suicidal ideation and fewer suicide attempts. In addition, lesbian and gay adolescents are at lower risk for attempting suicide if local school districts have anti-bullying policies that include sexual orientation. (Hatzenbuehler, 2014)

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.

According to the Author

"Across this nation school campuses have become a battle ground in the fight for LGBTQ+ dignity and humanity. LGBTQ+ students often find themselves caught in the cross fire, lacking the support and resources they need to thrive. A safe and supportive school environment allows LGBTQ+ students to succeed academically and has a significant impact on their overall wellbeing. California continues to lead the nation in supporting LGBTQ+ youth both on and off the campus, through robust policy projections and budget allocations. However, we still have a long way to go. Many school districts lack the resources needed to implement these laws, face hostile local social climates that impede implementation, and lack awareness regarding existing legal requirements and the best ways to meet them.

School district administrators cannot address this issue alone, they need the input and expertise of all of those involved in creating a thriving environment for LGBTQ+ youth on school grounds in order to succeed. SB 857 brings students, teachers, and administrators together to ensure that authentic voices from the community are involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while providing the State Department of Education with valuable perspectives to ensure resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs."

Arguments in Support

Equality California, on behalf of a number of organizations advocating for and supporting LGBTQ+ students, writes, "While states across the country are attacking LGBTQ+ students, particularly transgender and non-binary youth, SB 857 will send a powerful message that California is committed to ensuring that all students have an opportunity to succeed. Every student deserves to have a safe and supportive school environment where they can learn and succeed. Unfortunately, while California has passed a number of laws aimed at protecting LGBTQ+ students, many school districts lack the resources to implement these laws, face hostile local social climates that impede implementation, or lack awareness regarding existing legal requirements and the best ways to meet them. According to Equality California Institute's 2022 Safe and Supportive Schools Report Card, 30% of school districts that responded to the survey had not adopted an anti-bullying policy that explicitly prohibits bullying on the basis of sexual orientation or gender identity. Nearly half (48%) of respondents had not adopted LGBTQ+ inclusive educational materials that are compliant with the FAIR Education Act.

It is critical to properly implement existing laws and policies to build a safe and supportive school climate for LGBTQ+ students. There are also many ways in which school districts can go above and beyond legal requirements in fostering safe and supportive school climates for their LGBTQ+ students and staff. The creation of an LGBTQ+ advisory task force will bring students, teachers, and administrators together to ensure that authentic voices from the community are actively involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while also providing the CDE with valuable perspectives to ensure that resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs."

Arguments in Opposition

One individual opposes schools being turned into mental health facilities and being forced to take on the responsibilities of a medical facility.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, minor and absorbable General Fund costs to the California Department of Education (CDE). CDE indicates the requirements of this bill are absorbable within the duties of the recently funded School Health Education Coordinator position at CDE.

VOTES

SENATE FLOOR: 35-0-5

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Skinner, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Jones, Nguyen, Rubio, Seyarto, Smallwood-Cuevas

ASM EDUCATION: 5-0-2

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

ABS, ABST OR NV: Megan Dahle, Hoover

ASM APPROPRIATIONS: 12-1-3

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

NO: Mathis

ABS, ABST OR NV: Megan Dahle, Dixon, Sanchez

UPDATED

VERSION: June 26, 2023

CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0001558

Date of Hearing: August 16, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

SBPCA Bill Id:SB 857

Author:(Laird) – As Amended Ver:June 26, 2023

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

SUMMARY:

This bill requires the Superintendent of Public Instruction (SPI) to convene a task force to identify the statewide needs of LGBTQ+ students and make recommendations on implementing supportive policies and initiatives to address LGBTQ+ student education and well-being.

Specifically, the SPI is to convene the taskforce by July 1, 2024, and submit the report to the Legislature, SPI, and Governor by January 1, 2026. The report is to make recommendations regarding pupil mental health, inclusive and safe access to school families, and inclusive instructional materials and curricula, among other topics. The taskforce is to consist of at least 15 members including representatives of various groups, such as LGBQT+ students, and is to represent the state’s diversity, to the extent practicable.

FISCAL EFFECT:

Minor and absorbable General Fund costs to the California Department of Education (CDE).

CDE indicates the requirements of this bill are absorbable within the duties of the recently funded School Health Education Coordinator position at CDE.

COMMENTS:

1. Purpose. According to the author:

California continues to lead the nation in supporting LGBTQ+ youth both on and off the campus, through robust policy projections and budget allocations. However, we still have a long way to go. Many school districts lack the resources needed to implement these laws, face hostile local social climates that impede implementation, and lack awareness regarding existing legal requirements and the best ways to meet them…SB 857 brings students, teachers, and administrators together to ensure that authentic voices from the community are involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while providing the State Department of Education with valuable perspectives to ensure resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs.

1. Related Legislation. AB 5 (Zbur) would require local educational agencies to provide and require at least one hour of training annually to certificated staff, beginning with the 2025-26 school year through the 2029-30 school year, on cultural competency in supporting LGBTQ+ students. AB 5 is sponsored by the SPI and is pending in the Senate Appropriations Committee.
2. Prior Legislation. AB 493 (Gloria), Chapter 775, Statutes of 2019, requires CDE, by July 1, 2021, to develop resources or update existing resources for in-service training on schoolsite and community resources for the support of LGBTQ+ students. The bill also requires CDE to periodically provide public online trainings on this topic.

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

Date of Hearing: July 12, 2023

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

SBPCA Bill Id:SB 857

Author:(Laird) – As Amended Ver:June 26, 2023

SENATE VOTE: 35-0

SUBJECT: Advisory task force: LGBTQ+ pupil needs

SUMMARY: Requires the Superintendent of Public Instruction (SPI) by July 1, 2024, to convene an advisory task force of at least 15 members to identify the statewide needs of LGBTQ+ students and make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ student education and well-being. Specifically, this bill:

1. Requires the SPI by July 1, 2024, to convene an advisory task force to identify the statewide needs of LGBTQ+ students and provide recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ student education and well-being within the state, including all of the following:
2. Pupil mental health and feelings of safety and support;
3. Inclusive and safe access to school facilities;
4. Inclusive instructional material and school curriculum;
5. Prevention of, response to, and oversight of, bullying and harassment to determine the effectiveness of policies and programs; and
6. Inclusive participation in campus activities.
7. Requires the advisory task force to include a minimum of 15 members representative of the following groups:
8. Eight students identifying as members of the LGBTQ+ community who are enrolled in a California high school;
9. One public school administrator currently employed by a local educational agency (LEA);
10. Two certificated public school teachers currently employed by an LEA;
11. Two mental health professionals, with a preference for those who practice LGBTQ+ affirming care;
12. One community LGBTQ+ advocate, with a preference for one with programmatic expertise; and
13. One representative from the Office of Health Equity established by the State Department of Public Health (CDPH).
14. Requires the SPI, or their designee, to select the members of the task force and, to the extent practicable, ensure that they represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California’s LGBTQ+ community.
15. Requires the task force to report their findings and recommendations to the Legislature, the SPI, and the Governor, by January 1, 2026 and, at the request of any member, authorizes the report to include minority findings and recommendations.
16. Repeals the requirement to convene the advisory task force and submit a report as of January 1, 2028.

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. The policy must include a statement that it applies to all acts related to school activity 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; maintained documentation of complaints and their resolution for a minimum of one review cycle; ensured that complainants are protected from retaliation and that their identity remains confidential; and identified a responsible LEA officer for ensuring compliance;
   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, including posting the policy in all schools and offices, including staff lounges and student government meeting rooms; and
   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. (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, county offices of education (COEs), 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. Authorizes a student to be suspended or recommended for expulsion based upon numerous acts, including engaging in bullying, defined as any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward one or more pupils. (EC 48900)
20. Requires that instruction in social sciences include, among other items, a study of the role and contributions of lesbian, gay, bisexual, and transgender Americans, to the economic, political, and social development of California and the United States. (EC 51204.5)
21. Prohibits a teacher from giving instruction, and a school district from sponsoring any activity, that promotes a discriminatory bias on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation. (EC 51500)
22. Prohibits the state board and any governing board from adopting any textbooks or other instructional materials for use in public schools that contain any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation. (EC 51501)
23. Requires school districts and charter schools to provide students in grades 7 through 12 comprehensive sexual health education and HIV prevention education at least once in junior high or middle school and at least once in high school, to provide students with the knowledge and skills they need to develop healthy attitudes concerning adolescent growth and development, body image, gender, sexual orientation, relationships, marriage, and family. (EC 51930 and 51934)
24. Requires the governing body of an LEA serving students in kindergarten through 12^th grade to adopt a suicide prevention policy, including addressing the needs of high-risk groups, including LGBTQ+ youth. (EC 215)

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

Need for the bill. According to the author, “Across this nation school campuses have become a battle ground in the fight for LGBTQ+ dignity and humanity. LGBTQ+ students often find themselves caught in the cross fire, lacking the support and resources they need to thrive. A safe and supportive school environment allows LGBTQ+ students to succeed academically and has a significant impact on their overall wellbeing. California continues to lead the nation in supporting LGBTQ+ youth both on and off the campus, through robust policy projections and budget allocations. However, we still have a long way to go. Many school districts lack the resources needed to implement these laws, face hostile local social climates that impede implementation, and lack awareness regarding existing legal requirements and the best ways to meet them.

School district administrators cannot address this issue alone, they need the input and expertise of all of those involved in creating a thriving environment for LGBTQ+ youth on school grounds in order to succeed. SB 857 brings students, teachers, and administrators together to ensure that authentic voices from the community are involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while providing the State Department of Education with valuable perspectives to ensure resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs.”

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 than their peers, (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.”

Increased suicide risk for LGBTQ+ students. Research finds that LGBTQ+ youth are between 2 and 7 times more likely to attempt suicide than their heterosexual peers. LGBTQ+ youth who report greater school connectedness and school safety also report lower suicidal ideation and fewer suicide attempts. In addition, lesbian and gay adolescents are at lower risk for attempting suicide if local school districts have anti-bullying policies that include sexual orientation. (Hatzenbuehler, 2014)

LGBTQ+ students may be disproportionately disciplined. The U.S. Department of Education (USDOE) Guiding Principles for Creating Safe, Inclusive, Supportive, and Fair School Climates (2023), points to the importance of creating learning environments that are safe, inclusive, supportive, and fair. Harsh or exclusionary discipline practices for students, including LGBTQ+ students can contribute to students feeling unwelcome, unsafe, and unsupported.

The report notes that research has found that LGBTQ+ students report they are more likely to be disciplined than their non-LGBTQ+ peers. For example, LGBTQ+ students of color report being suspended at twice the rate of their non-LGBTQ peers. Similarly, LGBTQ+ youth report being suspended for dress code violations or school offenses related to their identity expression, likely contributing to the disproportionate suspensions this group of students’ experiences. Almost all public school dress code policies contain rules with subjective language, which are at greater risk of being inconsistently enforced based on LGBTQ+ status as well as race, ethnicity, and disability.

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 schools and districts, with clear and effective systems for reporting and addressing student experiences.

Are California schools providing a safe and supportive environment for LGBTQ+ students? Equality California conducted a survey of California’s 340 unified school districts in 2017. 38% of these or 130 districts responded and reported the following ways in which they are providing a safe environment for LGBTQ+ students:

• 100% had an existing policy prohibiting discrimination, harassment, intimidation, and bullying against students;
• 35% did not offer any cultural competency training, while other districts do require training of certificated and, in some cases, classified and administrative staff;
• 49% had established a process for changing a transgender or gender-nonconforming student’s name and gender in official student records;
• 86% reported that all schools in their district allow students to use all restrooms and/or locker rooms that correspond to their gender identity, and 65% reported having at least one gender-neutral restroom located in an area accessible to students;
• 50% reported that the contributions of LGBTQ+ individuals are taught in government, history, and/or social studies classes, and 68% reported that their sexual health curriculum incorporates discussions of relationships other than heterosexual relationships; and
• 91% have adopted a student suicide prevention policy, and 72% indicated that this policy specifically addresses the needs of LGBTQ+ youth in some way.

Equality California’s 2019 Safe and Supportive Schools Report Card, utilized these survey results to rank responding schools according to the degree to which the district had made progress in these key areas:

• 22 school districts or 17% were identified as spotlight districts and placed in the top tier, as they typically reported more extensive programs and policies to provide a safe and supportive school climate for LGBTQ+ students;
• 80 school districts or 62% were identified as foundational districts and placed in the middle tier as they reported some basic or initial steps toward fostering a safe and supportive school climate for LGBTQ+ students; and
• 28 school districts or 21% were placed in the lowest tier as they have made modest initial steps toward fostering LGBTQ+ inclusive school climates, but may lack the resources, understanding or commitment to fully implement the necessary programs and policies.

The role of the school counselor in supporting LGBTQ+ students. The American School Counselor Association’s (ASCA) recognizes the role of school counselors in addressing the challenges faced by LGBTQ+ youth:

School counselors promote equal opportunity and respect for students regardless of sexual orientation, gender identity or gender expression. School counselors recognize the school experience can be significantly more difficult for students with marginalized identities. School counselors work to eliminate barriers impeding LGBTQ+ student development and achievement. The school counselor works with all students through the stages of identity development and understands this may be more difficult for LGBTQ+ youth. It is not the school counselor’s role to attempt to change a student’s sexual orientation, gender identity or gender expression. School counselors recognize the profound harm intrinsic to therapies alleging to change an individual’s sexual orientation or gender identity and advocate to protect LGBTQ+ students from this harm. School counselors provide support to LGBTQ+ students to promote academic achievement and social/emotional development. School counselors are committed to the affirmation of all youth regardless of sexual orientation, gender identity and gender expression and work to create safe and affirming schools.

CDE’s website includes resources to support LGBTQ+ students. The CDE website includes information on trainings, curriculum materials, peer support organizations, counseling services, as well as resources available statewide, as well as by county, to support LGBTQ+ students, educators, and families.

Arguments in support. Equality California, on behalf of a number of organizations advocating for and supporting LGBTQ+ students, writes, “While states across the country are attacking LGBTQ+ students, particularly transgender and non-binary youth, SB 857 will send a powerful message that California is committed to ensuring that all students have an opportunity to succeed. Every student deserves to have a safe and supportive school environment where they can learn and succeed. Unfortunately, while California has passed a number of laws aimed at protecting LGBTQ+ students, many school districts lack the resources to implement these laws, face hostile local social climates that impede implementation, or lack awareness regarding existing legal requirements and the best ways to meet them. According to Equality California Institute’s 2022 Safe and Supportive Schools Report Card, 30% of school districts that responded to the survey had not adopted an anti-bullying policy that explicitly prohibits bullying on the basis of sexual orientation or gender identity. Nearly half (48%) of respondents had not adopted LGBTQ+ inclusive educational materials that are compliant with the FAIR Education Act.

It is critical to properly implement existing laws and policies to build a safe and supportive school climate for LGBTQ+ students. There are also many ways in which school districts can go above and beyond legal requirements in fostering safe and supportive school climates for their LGBTQ+ students and staff. The creation of an LGBTQ+ advisory task force will bring students, teachers, and administrators together to ensure that authentic voices from the community are actively involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while also providing the CDE with valuable perspectives to ensure that resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs.”

Related legislation. AB 5 (Zbur) of the 2023-24 Session would require LEAs to provide and require at least 1 hour of training annually to certificated staff, beginning with the 2025-26 school year through 2029-30, on cultural competency in supporting LGBTQ+ students.

SB 760 (Newman) of the 2023-24 Session would require each school district, county office of education (COE), and charter school, serving students in kindergarten to grade 12, inclusive, to provide at least one all-gender restroom for student use at each of its schoolsites, by July 1, 2025.

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, Statutes of 2015, requires CDE, as part of its compliance monitoring, to assess whether LEAs have provided information to certificated staff serving grades 7-12 on schoolsite and community resources for LGBTQ+ students.

SB 48 (Leno) Chapter 81, Statutes of 2011, adds persons with disabilities and LGBTQ+ Americans to the list of groups of people whose role and contributions must be accurately portrayed in social science instruction and instructional materials, and prohibits the SBE and the governing board of any school district from adopting textbooks or other instructional materials that reflect adversely upon a person’s religion or sexual orientation.

REGISTERED SUPPORT / OPPOSITION:

Support

ACLU California Action

American Association of University Women - California

APLA Health

Association of California School Administrators

California Association of Student Councils

California Charter Schools Association

California Federation of Teachers

California School-based Health Alliance

California Teachers Association

California Transcends

California Youth Empowerment Network

Citizens for Choice

Dolores Huerta Foundation

Equality California

Essential Access Health

Gender Spectrum

Jewish Federation of Greater Los Angeles

LGBTQ Center OC

Los Angeles LGBT Center

Los Angeles Unified School District

Mental Health America of California

National Center for Lesbian Rights

Our Family Coalition

Positive Images LGBTQIA+ Center

Radiant Health Centers

San Diego Pride

Santa Clarita Valley Democrats

State Superintendent of Public Instruction Tony Thurmond

The Source LGBT+ Center

The Women's Building

Transyouth Liberation

Viet Rainbow of Orange County

Opposition

None on file

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

 THIRD READING  

Bill No: SB 857

Author: Laird (D)

Amended: 3/22/23

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 4/12/23

AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Advisory task force: LGBTQ+ pupil needs

SOURCE: California Association of Student Councils
Equality California

DIGEST: This bill requires 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 lesbian, gay, bisexual, transgender, queer, questioning, and (LGBTQ+) pupils and report its findings to the Legislature, the SPI, and Governor by January 1, 2026.

ANALYSIS:

Existing law:

1. Declares it is the policy of the State of California to afford equal rights and opportunities in the educational institutions of the state to all persons in public schools, regardless of their 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 as specified. (Education Code (EDC) § 200)
2. Requires the California Department of Education (CDE), as part of its compliance monitoring, to assess whether local educational agencies (LEAs) have provided information to certificated staff serving grades 7-12 on school sites and community resources for LGBTQ students. (EDC § 234.1 (d))
3. Requires the CDE to monitor LEAs for adopting policies prohibiting discrimination, harassment, intimidation, and bullying based on sexual orientation, gender, gender identity, or gender expression. (EDC § 234.1(a))
4. Requires the CDE to monitor LEAs for the adoption of processes for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying and establishes complaint procedures. (EDC § 234.1(b))

This bill:

1. Require the SPI, on or before July 1, 2024, to convene a Task Force to identify the statewide needs of LGBTQ+ pupils and to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education, including, but not limited to, all of the following:
   1. An assessment of pupil mental health and feelings of safety and support within the state.
   2. The adequacy and availability of inclusive and safe access to school facilities within the state.
   3. The adequacy and quality of, and access to, inclusive instructional material and school curriculum within the state.
   4. An assessment of the implementation of the policies and procedures on the prevention of, response to, and oversight of bullying and harassment within the state to determine the effectiveness of policies and programs.
   5. The adequacy and availability of inclusive participation in campus activities within the state.
2. Requires the SPI to select 11 members representative of all of the following groups with, to the extent practicable, the members representing the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California’s LGBTQ+ community and emphasis on identifying at-promise or disadvantaged LGBTQ+ pupils to serve as the high school members of the advisory task force.
   1. Three pupils identifying as members of the LGBTQ+ community who are enrolled in a California high school;
   2. One school administrator currently employed by an LEA;
   3. Two certificated school teachers currently employed by LEA;
   4. One licensed physician and surgeon, with a preference for one who practices LGBTQ+ affirming care;
   5. Two mental health professionals, with a preference for those who practice LGBTQ+ affirming care;
   6. One community LGBTQ+ advocate, with a preference for one with programmatic expertise; and
   7. One representative from the Office of Health Equity established by the State Department of Public Health.
3. Requires the Task Force, on or before January 1, 2026, to report their findings and recommendations based on assessing areas described in #1 to the Legislature, the SPI, and the Governor as specified.
4. Specifies that the report may include minority findings and recommendations at the request of any member of the Task Force.

Comments

1. Need for the bill. According to the author, “Across this nation school campuses have become a battle ground in the fight for LGBTQ+ dignity and humanity. LGBTQ+ students often find themselves caught in the cross fire, lacking the support and resources they need to thrive. A safe and supportive school environment allows LGBTQ+ students to succeed academically and has a significant impact on their overall wellbeing. California continues to lead the nation in supporting LGBTQ+ youth both on and off the campus, through robust policy projections and budget allocations. However, we still have a long way to go. Many school districts lack the resources needed to implement these laws, face hostile local social climates that impede implementation, and lack awareness regarding existing legal requirements and the best ways to meet them. School district administrators cannot address this issue alone they need the input and expertise of all of those involved in creating a thriving environment for LGBTQ+ youth on school grounds in order to succeed. SB 857 brings students, teachers, and administrators together to ensure that authentic voices from the community are involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while providing the State Department of Education with valuable perspectives to ensure resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs.”
2. 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 for families and Community organizations 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. 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 backgrounds, including:

Chronic Absenteeism: School-based victimization can impinge on a student's right to an education. Students 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 in-person and online victimization incidents were related to missing school days. 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 say 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 writing 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%). 

1. Upcoming Protections: Title IX. In May 2016, after several court cases had developed and several states had attempted to create laws restricting transgender students' bathroom use, the U.S. Department of Education (DOE) and the U.S. Department of Justice (DOJ) under the Obama Administration issued a directive instructing public schools across the country to allow transgender students to use the bathroom that matches their gender identity. Jointly, DOE and DOJ clarified that the civil rights of transgender school students were protected under Title IX, which prohibits sex discrimination. In January 2017, the Trump Administration's DOJ and DOE rescinded the previous guidance on federal support for transgender students, indicating they would not pursue federal enforcement of Title IX violations. As part of the Biden Administration, the DOE is proposing regulations to reinstate similar previously removed provisions.

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

SUPPORT: (Verified 4/25/23)

California Association of Student Councils (co-source)
Equality California (co-source)
California Federation of Teachers
California School-Based Health Alliance

California Teachers Association
California Youth Empowerment Network
Dolores Huerta Foundation
Los Angeles Unified School District
Mental Health America of California
Our Family Coalition
Santa Clarita Valley Democrats
The Source LGBT+ Center
TransYouth Liberation

OPPOSITION: (4/25/23)

None received

ARGUMENTS IN SUPPORT: According to the California Association of Student Councils, “Every student deserves a safe and supportive school environment where they can learn and succeed. Unfortunately, while California has passed several laws to protect LGBTQ+ students, many school districts lack the resources to implement these laws, face hostile local social climates that impede implementation, or lack awareness regarding existing legal requirements and the best ways to meet them. According to Equality California Institute’s 2022 Safe and Supportive Schools Report Card, 30% of school districts that responded to the survey had not adopted an anti-bullying policy that explicitly prohibits bullying on the basis of sexual orientation or gender identity. Nearly half (48%) of respondents had not adopted LGBTQ+ inclusive educational materials that are compliant with the FAIR Education Act. SB 857 is an important opportunity to empower the growing community of LGBTQ+ students, ensure the enforcement and implementation of existing laws, and work to address the real needs of all California students.”

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

4/26/23 15:12:04

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: April 12, 2023

Subject: .

SUMMARY

This bill 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 lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) pupils and report its findings to the Legislature, the SPI, and Governor by January 1, 2026.

BACKGROUND

Existing Law

Education Code (EDC)

1. Declares it is the policy of the State of California to afford equal rights and opportunities in the educational institutions of the state of to all persons in public schools, regardless of their 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 as specified. (EDC § 200)
2. Requires the California Department of Education (CDE), as part of its compliance monitoring, to assess whether local educational agencies (LEAs) have provided information to certificated staff serving grades 7-12 on school site and community resources for LGBTQ students. (EDC § 234.1 (d))
3. Requires the CDE to monitor LEAs for adoption of policies prohibiting discrimination, harassment, intimidation, and bullying on the basis of sexual orientation, gender, gender identity, or gender expression. (EDC § 234.1(a))
4. Requires the CDE to monitor LEAs for adoption of processes for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying, and establishes complaint procedures. (EDC § 234.1(b))

ANALYSIS

This bill would require the SPI, on or before July 1, 2024, to convene a Task Force identify the statewide needs of LGBTQ+ pupils and report its findings to the Legislature, the SPI, and Governor by January 1, 2026. Specifically, this bill:

Scope of the Task Force

1. Require the SPI, on or before July 1, 2024, to convene a Task Force toidentify the statewide needs of LGBTQ+ pupils and to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education, including, but not limited to, all of the following:
   1. An assessment of pupil mental health and feelings of safety and support within the state.
   2. The adequacy and availability of inclusive and safe access to school facilities within the state.
   3. The adequacy and quality of, and access to, inclusive instructional material and school curriculum within the state.
   4. An assessment of the implementation of the policies and procedures on the prevention of, response to, and oversight of, bullying and harassment within the state to determine the effectiveness of policies and programs.
   5. The adequacy and availability of inclusive participation in campus activities within the state.

Task Force Membership

1. Requires the SPI to select 11 members representative of all of the following group with, to the extent practicable, the members representing the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California’s LGBTQ+ community, and emphasis on identifying at-promise or disadvantaged LGBTQ+ pupils to serve as the high school members of the advisory task force.
   1. Three pupils identifying as members of the LGBTQ+ community who are enrolled in a California high school;
   2. One school administrator currently employed by a LEA;
   3. Two certificated school teachers currently employed by LEA;
   4. One licensed physician and surgeon, with a preference for one who practices LGBTQ+ affirming care;
   5. Two mental health professionals, with a preference for those who practice LGBTQ+ affirming care;
   6. One community LGBTQ+ advocate, with a preference for one with programmatic expertise; and
   7. One representative from the Office of Health Equity established by the State Department of Public Health.

Report to the Legislature, the Superintendent, and the Governor.

1. Requires the Task Force, on or before January 1, 2026 to report their findings and recommendations based on the assessment of areas described in #1 to the Legislature, the SPI, and the Governor as specified.
2. Specifies that the report may include minority findings and recommendation, at the request of any member of the Task Force.

STAFF COMMENTS

1. Need for the bill. According to the author “Across this nation school campuses have become a battle ground in the fight for LGBTQ+ dignity and humanity. LGBTQ+ students often find themselves caught in the cross fire, lacking the support and resources they need to thrive. A safe and supportive school environment allows LGBTQ+ students to succeed academically and has a significant impact on their overall wellbeing. California continues to lead the nation in supporting LGBTQ+ youth both on and off the campus, through robust policy projections and budget allocations. However, we still have a long way to go. Many school districts lack the resources needed to implement these laws, face hostile local social climates that impede implementation, and lack awareness regarding existing legal requirements and the best ways to meet them. School district administrators cannot address this issue alone they need the input and expertise of all of those involved in creating a thriving environment for LGBTQ+ youth on school grounds in order to succeed. SB 857 brings students, teachers, and administrators together to ensure that authentic voices from the community are involved in discussions about how to create a safe and supportive environment for LGBTQ+ students, while providing the State Department of Education with valuable perspectives to ensure resources are efficiently allocated to implement existing laws and better support LGBTQ+ student needs.”
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 for families and Community organizations 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, current law requires CDE, as part of its compliance monitoring, 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. Upcoming Protections: Title IX. In May 2016, after several court cases had developed and several states had attempted to create laws restricting transgender students' bathroom use, the U.S. Department of Education (DOE) and the U.S. Department of Justice (DOJ) under the Obama Administration issued a directive instructing public schools across the country to allow transgender students to use the bathroom that matches their gender identity. Jointly, DOE and DOJ clarified that the civil rights of transgender school students were protected under Title IX, which prohibits sex discrimination. In January 2017, the Trump Administration's DOJ and DOE rescinded the previous guidance on federal support for transgender students, indicating they would not pursue federal enforcement of Title IX violations. As part of the Biden Administration, the DOE is proposing regulations to reinstate similar provision that were previously removed.
2. Related Legislation.

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.

SB 48 (Leno) Chapter 81, Statutes of 2011, (1) adds persons with disabilities, and lesbian, gay, bisexual, and transgender Americans to the list of groups of people whose role and contributions must be accurately portrayed in social science instruction and instructional materials, and (2) prohibits the State Board of Education and the governing board of any school district from adopting textbooks or other instructional materials that reflect adversely upon a person’s religion, or sexual orientation.

AB 5 (Zbur, 2023) would require the CDE, 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 and require each school 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.

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 county office of education 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.

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 trainings on this topic that can be accessed on a statewide basis.

SUPPORT

California Association of Student Councils (Co-Sponsor)
Equality California (Co-Sponsor)
California Federation of Teachers
California School-Based Health Alliance
California Youth Empowerment Network
Dolores Huerta Foundation
Los Angeles Unified School District
Mental Health America of California
Our Family Coalition
The Source LGBT+ Center

OPPOSITION

None received

-- END --