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AB-2240 Educational equity: lesbian, gay, bisexual, transgender, queer, and questioning pupil resources.(2019-2020)

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Date Published: 05/01/2020 09:00 PM
AB2240:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2240


Introduced by Assembly Member Gloria

February 13, 2020


An act to amend Section 218 of of, and to add Sections 218.3, 218.5, 218.7, and 218.9 to, the Education Code, relating to educational equity.


LEGISLATIVE COUNSEL'S DIGEST


AB 2240, as amended, Gloria. Educational equity: lesbian, gay, bisexual, transgender, queer, and questioning pupil resources.
Existing law establishes the system of public elementary and secondary schools in this state and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of LGBTQ lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive.
This bill, on or before July 1, 2022, would also require the State Department of Education 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. The bill would 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.

This bill would make nonsubstantive changes to the latter provision.

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

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


SECTION 1.

 Section 218 of the Education Code is amended to read:

218.
 (a) (1)No later than July 1, 2021, the department shall 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, pupils and strategies to increase support for LGBTQ pupils and thereby improve overall school climate. The resources shall 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.

(2)A school described in paragraph (1) is encouraged to use the resources developed by the department pursuant to paragraph (1) to provide training at least once every two years to teachers and other certificated employees of the school who serve pupils in grades 7 to 12, inclusive.

(b)The department shall periodically update the schoolsite and community resources for the support of LGBTQ pupils to reflect changes in law.

(c)

(b) (1) As used in this section, schoolsite resources for the support of LGBTQ pupils include, but are not limited to, all of the following:
(A) Peer support or affinity clubs and organizations.
(B) Safe spaces for LGBTQ pupils.
(C) Antibullying and harassment policies and related complaint procedures.
(D) Counseling services.
(E) School staff who have received antibias or other training aimed at supporting LGBTQ youth.
(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.
(2) As used in this section, community resources for the support of LGBTQ pupils include, but are not limited to, both of the following:
(A) Local community-based organizations that provide support to LGBTQ youth.
(B) Local physical and mental health providers with experience in treating and supporting LGBTQ youth.

SEC. 2.

 Section 218.3 is added to the Education Code, to read:

218.3.
 (a) On or before July 1, 2022, the department shall create an online training delivery platform and an online training curriculum 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. The platform and curriculum shall be designed for use by teachers and other certificated employees in schools operated by a school district or county office of education and charter schools.
(b) The department shall ensure that the content of the online training delivery platform and curriculum meets all of the following criteria:
(1) The content is tailored for teachers and other certificated employees throughout the state who may not have a background in LGBTQ cultural competency.
(2) The content is engaging and interactive, requires the sustained input and participation of the trainee, and is crafted in partnership with consultants who are experts in media marketing, video communications, teacher and staff training, and youth education to ensure the training is sufficiently engaging and interactive.
(3) The content is crafted in consultation with the advisory committee established pursuant to Section 218.5 and includes information on, at a minimum, all of the following topics:
(A) Creating safe and supportive learning environments for LGBTQ pupils, including those with multiple intersecting identities, such as pupils who are members of the LGBTQ community, and members of communities of color, immigrants, and people living with the human immunodeficiency virus.
(B) Identifying LGBTQ pupils who are subject to, or may be at risk of, bullying and lack of acceptance at home or in their communities.
(C) Providing targeted support services to LGBTQ pupils, including counseling services.
(D) School antibullying and harassment policies and complaint procedures.
(E) Suicide prevention policies and related procedures.
(F) Policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms.
(G) Policies and procedures to protect the privacy of LGBTQ pupils.
(H) Why identifying local community-based organizations that provide support to LGBTQ pupils is important.
(I) Why identifying local physical and mental health providers with experience in treating and supporting LGBTQ pupils is important.
(J) Forming peer support or affinity clubs and organizations.
(K) Why receiving antibias or other training aimed at supporting LGBTQ pupils is important.
(L) Health and other curriculum materials that include, and are relevant to, LGBTQ pupils.
(c) The department shall ensure that the online training delivery platform meets all of the following criteria:
(1) The platform is able to track trainee usage and participation to document the number of employees who complete the training at a local educational agency.
(2) The platform is able to assess trainee knowledge before and after training in order to measure outcomes.
(3) The platform is highly interactive, requiring the sustained input and participation of the trainee.

SEC. 3.

 Section 218.5 is added to the Education Code, to read:

218.5.
 (a) For purposes of this section, “online training” means both the online training delivery platform and the online training curriculum described in Section 218.3.
(b) In creating the online training pursuant to Section 218.3, the department shall do all of the following:
(1) Ensure that an Education Programs Consultant at the department oversees the creation of the online training, facilitates the competitive grant process described in paragraph (2), and works in partnership with the lead partner described in paragraph (2).
(2) (A) Select an organization through a competitive grant process to serve as a lead partner to the department in the creation of the online training.
(B) The lead partner shall, with respect to the advisory committee established in paragraph (3), assist the department in conducting outreach to prospective advisory committee members and in selecting the advisory committee members, and support the department in convening the advisory committee. The lead partner shall also advise and consult with the department on the online training and advise the department on selecting the educational, video, and other consultants described in paragraph (2) of subdivision (b) of Section 218.3.
(C) The lead partner shall be an LGBTQ organization and shall have demonstrated expertise in both of the following:
(i) Improving school climate for LGBTQ pupils and advancing policies to support LGBTQ pupils in the state, preferably in rural, suburban, and urban communities.
(ii) Creating and conducting LGBTQ cultural competency training programs in rural, suburban, and urban communities with the goal of improving the institutions that serve LGBTQ communities.
(3) (A) Establish and consult with an advisory committee to ensure that the online training is culturally competent, comprehensive, and meets the needs of LGBTQ pupils, families, and teachers.
(B) The advisory committee shall be composed of representatives from up to 20 LGBTQ nonprofit organizations and other nonprofit organizations that serve, and have a proven track record of serving, LGBTQ people or at-risk youth and pupils. The process used to select the advisory committee shall ensure that as many diverse representatives apply to serve on the advisory committee as possible.
(C) The advisory committee shall meet multiple times during the creation of the online training.

SEC. 4.

 Section 218.7 is added to the Education Code, to read:

218.7.
 The department shall periodically update the resources and training developed by the department under this article to reflect changes in law.

SEC. 5.

 Section 218.9 is added to the Education Code, to read:

218.9.
 Schools described in subdivision (a) of Section 218 and subdivision (a) of Section 218.3 are encouraged to use the resources and online training and curriculum developed by the department pursuant to this article to provide training at least once every two years to teachers and other certificated employees of the school.