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  May 16, 2019

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 Low, and O’Donnell)
(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. resources and training.

(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, 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 online training at least once every 2 years 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 pupils, and strategies to increase support for LGBTQ pupils and thereby improve overall school climate, as specified. By imposing additional duties on public schools and local educational agencies, the bill would impose a state-mandated local program.

The bill would require the State Department of Education to develop resources for in-service training on schoolsite and community resources for the support of LGBTQ pupils and strategies to increase support for LGBTQ pupils if an appropriation is made for these purposes, and would authorize schools to provide in-service training using the resources developed by the department instead of the online training described above. The bill would require, contingent on an appropriation made for this purpose, the department to award competitive grants to school districts, county offices of education, and charter schools to operate their own in-person, in-service training instead of the online training.

(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 GLSEN 2015 2017 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 one in four LGBTQ pupils 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 GLSEN’s 2017 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 nearly 35 percent of LGBTQ pupils report missing school because they felt unsafe, unsafe or uncomfortable, with over 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. occur or because they fear that the incidents could escalate if reported.

(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) (1) 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 online training at least once every two years to all teachers of pupils in grades 7 to 12, inclusive, and to all other certificated employees at that school, on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, as well as and strategies to increase support for LGBTQ pupils and thereby improve overall school climate.

(2) (A) Contingent on an appropriation made for this purpose in the annual Budget Act or another statute, the department shall develop resources for in-service training on schoolsite and community resources for the support of LGBTQ pupils, and strategies to increase support for LGBTQ pupils and thereby improve overall school climate.

(B) Instead of the online training described in paragraph (1), each school operated by a school district or county office of education and each charter school may provide in-service training using the resources developed by the department pursuant to subparagraph (A). Each school operated by a school district or county office of education and each charter school shall report to the department the number of its employees who received in-service training.

(b) Teachers and all other certificated employees may complete training pursuant to this section during regular school hours.

(c) Contingent on an appropriation of one-time moneys made for this purpose in the annual Budget Act or another statute, the department shall award competitive grants to school districts, county offices of education, and charter schools that apply to the department for a grant to operate their own in-person, in-service training instead of the online training described in paragraph (1) of subdivision (a).

(d) (1) The department shall create and periodically update the online training curriculum to reflect changes in law or resources.

(2) In creating the online training curriculum, the department shall ensure all of the following:

(A) The training curriculum is developed in consultation with leading experts in supporting LGBTQ pupils.

(B) The training program can track aggregate, statewide usage of the program.

(C) The training program can assess trainee knowledge before and after the training is provided in order to measure training outcomes.

(D) The training program is interactive, requiring the sustained input and participation of the trainee.

(e) The department, in consultation with leading experts in supporting LGBTQ pupils, shall create and periodically update a list of community resources for purposes of this section that shall be provided to teachers and all other certificated employees as part of the training described in this section.

(b)

(f) (1) As used in this section, schoolsite resources for the support of LGBTQ pupils include, but are not limited to, all of the following:

(1)

(A) Peer support or affinity clubs and organizations.

(2)

(B) Safe spaces for LGBTQ pupils.

(3)

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

(4)

(D) Counseling services.

(5)

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

(6)

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

(G) Suicide prevention policies and related procedures.

(H) Policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms.

(I) Policies and procedures to protect the privacy of LGBTQ pupils.

(c)

(2) 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

(A) Local community-based organizations that provide support to LGBTQ youth.

(2)Physical

(B) Local physical and mental health providers with experience in treating and supporting LGBTQ youth.

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.