Bill Text: CA SB857 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Advisory task force: LGBTQ+ pupil needs.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Passed) 2023-09-23 - Chaptered by Secretary of State. Chapter 228, Statutes of 2023. [SB857 Detail]

Download: California-2023-SB857-Amended.html

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Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 857

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Introduced by Senator Laird

February 17, 2023

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An act to amend Section 200 of the Education Code, relating to educational equity. An act to add Section 219 to the Education Code, relating to pupils.

LEGISLATIVE COUNSEL'S DIGEST

SB 857, as amended, Laird. Educational equity. Advisory task force: LGBTQ+ pupil needs.

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 assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education, 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.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 219 is added to the Education Code, immediately following Section 218, to read:

219.

 (a) On or before July 1, 2024, the Superintendent shall convene an advisory task force to identify the statewide needs of lesbian, gay, bisexual, transgender, queer, questioning, and plus (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.

(b) The advisory task force members shall include 11 members representative of all of the following groups:

(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 local educational agency.

(3) Two certificated school teachers currently employed by a local educational agency.

(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.

(7) One representative from the Office of Health Equity established by the State Department of Public Health.

(c) (1) To the extent practicable, the members of the advisory task force shall represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California’s LGBTQ+ community.

(2) Members of the advisory task force shall be selected by the Superintendent.

(3) The Superintendent shall place a particular emphasis on identifying at-promise or disadvantaged LGBTQ+ pupils to serve as the high school members of the advisory task force.

(d) (1) On or before January 1, 2026, the advisory task force shall report their findings and recommendations to the Legislature, the Superintendent, and the Governor. At the request of any member of the advisory task force, the report may include minority findings and recommendations.

(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.

(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Section 200 of the Education Code is amended to read:

200.

It is 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 characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, equal rights and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies for the commission of those prohibited acts.