Bill Text: CA AB493 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2019-10-12 - Chaptered by Secretary of State - Chapter 775, Statutes of 2019. [AB493 Detail]

Download: California-2019-AB493-Amended.html

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Amended  IN  Assembly  April 02, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 493

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Introduced by Assembly Member Gloria
(Coauthors: Assembly Members Cervantes, Eggman, and Low)
(Coauthors: Senators Galgiani and Wiener)

February 12, 2019

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An act to add Article 2.7 (commencing with Section 218) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to teachers.

LEGISLATIVE COUNSEL'S DIGEST

AB 493, as amended, Gloria. Teachers: in-service training: lesbian, gay, bisexual, transgender, queer, and questioning pupil resources.

(1) Existing law establishes the system of public elementary and secondary schools in this state and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state.

This bill, contingent upon an appropriation made for these purposes, commencing with the 2021–22 school year, would require each school operated by a school district or county office of education and each charter school to annually provide in-service training to teachers of pupils in grades 7 to 12, inclusive, and to all other certificated employees at that school, on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils as well as strategies to increase support for LGBTQ pupils and thereby improve overall school climate, as specified. To the extent the bill, upon implementation, would impose By imposing additional duties on public schools and local educational agencies, the bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) All pupils deserve and need safe and supportive school environments in which to learn.

(b) Despite much progress, California lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils often face verbal, physical, and online harassment, which has significant effects on their academic achievement.

(c) In the Gay Lesbian and Straight Education Network’s (GLSEN) GLSEN 2015 National School Climate Survey, over 70 percent of LGBTQ pupils nationwide reported being called names or threatened based on their sexual orientation, nearly 30 percent reported physical harassment or assault based on their gender expression, and over 48 percent reported cyberbullying.

(d) These problems have direct effects on how pupils perform in school. GLSEN survey data shows that the average grade point average for LGBTQ pupils who experience higher levels of harassment is significantly lower than for LGBTQ pupils who experience lower levels of harassment, and that over 30 percent of LGBTQ pupils report missing school because they felt unsafe, with 10 percent missing four or more full days in the month immediately preceding the survey.

(e) In spite of these problems, research has shown that over half of LGBTQ pupils who are harassed or assaulted in school do not report these incidents to school staff, primarily because they doubt any effective intervention will occur.

(f) Creating supportive learning environments for LGBTQ pupils improves their performance in school. Pupils in schools with peer support clubs report lower levels of victimization, are more likely to report that school personnel intervened when they witnessed harassment, and are less likely to miss school because of safety concerns.

SEC. 2.

 Article 2.7 (commencing with Section 218) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read:

Article  2.7. In-Service Training: Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources

218.

 (a) Each Commencing with the 2021–22 school year, each school operated by a school district or county office of education and each charter school shall annually, as part of a regularly scheduled staff meeting, provide in-service training to teachers of pupils in grades 7 to 12, inclusive, and to all other certificated employees at that school, on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, as well as strategies to increase support for LGBTQ pupils and thereby improve overall school climate.

(b) As used in this section, schoolsite resources for the support of LGBTQ pupils include, but are not limited to, all of the following:

(1) Peer support or affinity clubs and organizations.

(2) Safe spaces for LGBTQ pupils.

(3) Antibullying and harassment policies and related complaint procedures.

(4) Counseling services.

(5) School staff who have received antibias or other training aimed at supporting LGBTQ youth.

(6) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth.

(c) As used in this section, community resources for the support of LGBTQ pupils include, but are not limited to, both of the following:

(1) Community-based organizations that provide support to LGBTQ youth.

(2) Physical and mental health providers with experience in treating and supporting LGBTQ youth.

(d)This section shall be implemented only upon an appropriation in the annual Budget Act or other statute for these purposes.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.