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SB-939 Educational equity: schoolsite and community resources: neurodivergent pupils.(2023-2024)

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Date Published: 09/30/2024 09:00 PM
SB939:v94#DOCUMENT

Senate Bill No. 939
CHAPTER 907

An act to amend Sections 234.5, 234.6, and 32283.5 of the Education Code, relating to educational equity.

[ Approved by Governor  September 28, 2024. Filed with Secretary of State  September 28, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 939, Umberg. Educational equity: schoolsite and community resources: neurodivergent pupils.
(1) Existing law requires the Superintendent of Public Instruction to post, and annually update, on the State Department of Education’s internet website and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity.
This bill would instead (A) require the Superintendent to additionally post, and annually update, on the department’s internet website and notify local educational agencies of the availability of the above-described list of resources that provide support for youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, (B) add the basis of neurodiversity or perceived neurodiversity to that list of resources, and (C) require those resources related to the basis of neurodiversity or perceived neurodiversity to include those developed by the University of California and California State University Collaborative for Neurodiversity and Learning.
(2) Existing law requires, commencing with the 2020–21 academic year, each local educational agency, as defined, to ensure that specified information related to pupil safety is readily accessible in a prominent location on the local educational agency’s existing internet website in a manner that is easily accessible to parents or guardians and pupils.
This bill would require, commencing with the 2025–26 academic year, each local educational agency to additionally ensure that the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning are readily accessible in a prominent location on the local educational agency’s internet website in a manner that is easily accessible to parents or guardians and pupils. To the extent the bill imposes additional duties on local educational agencies, the bill would create a state-mandated local program.
(3) Existing law requires the department to develop and post on its internet website an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.
This bill would require the online training module to include information about how to support pupils who are bullied for being or being perceived as neurodivergent and include links to the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning.
(4) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 234.5 of the Education Code is amended to read:

234.5.
 (a) (1) The Superintendent shall post, and annually update, on the department’s internet website and notify local educational agencies of the availability of a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of neurodiversity, religious affiliation, nationality, race, or ethnicity, or perceived neurodiversity, religious affiliation, nationality, race, or ethnicity.
(2) The resources included pursuant to paragraph (1) that provide support for youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying on the basis of neurodiversity shall include those developed by the University of California and California State University Collaborative for Neurodiversity and Learning.
(b) The department’s internet website shall also include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.

SEC. 2.

 Section 234.6 of the Education Code is amended to read:

234.6.
 (a) For purposes of this article, “local educational agency” means a county office of education, school district, state special school, or charter school.
(b) Commencing with the 2020–21 academic year, each local educational agency shall ensure that all of the following information is readily accessible in a prominent location on the local educational agency’s existing internet website in a manner that is easily accessible to parents or guardians and pupils:
(1) The local educational agency’s policy on pupil suicide prevention in grades 7 to 12, inclusive, adopted pursuant to Section 215.
(2) The local educational agency’s policy on pupil suicide prevention in kindergarten and grades 1 to 6, inclusive, adopted pursuant to Section 215, including reference to the age appropriateness of that policy.
(3) The definition of discrimination and harassment based on sex as described in Section 230. This shall include the rights set forth in Section 221.8.
(4) The Title IX information included on a local educational agency’s internet website pursuant to Section 221.61.
(5) A link to the Title IX information included on the department’s internet website pursuant to Section 221.6.
(6) The local educational agency’s written policy on sexual harassment, as it pertains to pupils, prepared pursuant to Section 231.5.
(7) The local educational agency’s policy, if it exists, on preventing and responding to hate violence as described in Section 233.
(8) The local educational agency’s anti-discrimination, anti-harassment, anti-intimidation, and anti-bullying policies as described in Section 234.1.
(9) The local educational agency’s anti-cyberbullying procedures adopted pursuant to Section 234.4.
(10) A section on social media bullying that includes all of the following references to possible forums for social media bullying:
(A) Internet websites with free registration and ease of registration.
(B) Internet websites offering peer-to-peer instant messaging.
(C) Internet websites offering comment forums or sections.
(D) Internet websites offering image or video posting platforms.
(11) A link to statewide resources, including community-based organizations, compiled by the department pursuant to Section 234.5.
(12) Any additional information a local educational agency deems important for preventing bullying and harassment.
(c) Commencing with the 2025–26 academic year, each local educational agency shall ensure that the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning are readily accessible in a prominent location on the local educational agency’s internet website in a manner that is easily accessible to parents or guardians and pupils.

SEC. 3.

 Section 32283.5 of the Education Code is amended to read:

32283.5.
 (a) (1) The department shall develop and post on its internet website an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying. The online training module shall include, but is not limited to, identifying an act of bullying or cyberbullying and implementing strategies to address bullying and cyberbullying.
(2) The online training module developed pursuant to paragraph (1) shall include information about how to support pupils who are bullied for being or being perceived as neurodivergent and include links to the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning.
(b) The department shall post on its internet website and annually update a list of available online training modules relating to bullying or bullying prevention.
(c) A school operated by a school district or a county office of education and a charter school shall annually make available the online training module developed by the department pursuant to subdivision (a) to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils.

SEC. 4.

 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.