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AB-5 The Safe and Supportive Schools Act.(2023-2024)



Current Version: 09/23/23 - Chaptered

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AB5:v93#DOCUMENT

Assembly Bill No. 5
CHAPTER 220

An act to amend Section 218 of, and to add and repeal Section 218.3 of, the Education Code, relating to educational equity.

[ Approved by Governor  September 23, 2023. Filed with Secretary of State  September 23, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 5, Zbur. The Safe and Supportive Schools Act.
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 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 would require the State Department of Education, on or before July 1, 2025, to finalize the development of an online training delivery platform and an online training curriculum to support LGBTQ cultural competency training for teachers and other certificated employees, as specified. The bill would delete the above-described encouragement and instead would require, commencing with the 2025–26 school year and ending with the completion of the 2029–30 school year, each local educational agency, as defined, serving pupils in grades 7 to 12, inclusive, to use the online training delivery platform and curriculum, or an in-service alternative, to provide at least one hour of required training annually to teachers and other certificated employees at those schools, as provided. The bill would require each local educational agency to maintain records documenting the training, as provided. The bill would require the department to monitor compliance with the training requirement as part of the department’s annual compliance monitoring of state and federal programs. The bill would require the department, within 9 months of the completion of the 5-year training period, to report data from that compliance monitoring to the Legislature, and post the report on the department’s internet website, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require these provisions to be known as the Safe and Supportive Schools Act. This bill would make these requirements inoperative on July 1, 2031, and would repeal them as of January 1, 2032.
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.

 This act shall be known, and may be cited, as the Safe and Supportive Schools Act.

SEC. 2.

 Section 218 of the Education Code is amended to read:

218.
 (a) 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 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.
(b) The department shall periodically update the schoolsite and community resources for the support of LGBTQ pupils to reflect changes in law.
(c) (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. 3.

 Section 218.3 is added to the Education Code, immediately following Section 218, to read:

218.3.
 (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school, serving pupils in any of grades 7 to 12, inclusive.
(b) (1) On or before July 1, 2025, the department shall finalize the development of an online training delivery platform and online training curriculum to support lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) cultural competency training for teachers and other certificated employees.
(2) The department may use resources developed pursuant to Section 148 of Chapter 44 of the Statutes of 2021 or Provisions 47 to 49, inclusive, of Item 6100-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) to meet the requirements of paragraph (1).
(3) At a minimum, the training in paragraph (1) shall include information on all of the following topics:
(A) The creation of safe and supportive learning environments for LGBTQ+ pupils, including those with multiple intersecting identities, including, but not limited to, those who are members of the LGBTQ+ community, members of communities of color, immigrants, or people living with the human immunodeficiency virus.
(B) Identifying LGBTQ+ youth who are subject to, or may be at risk of, bullying and lack of acceptance at home or in their communities.
(C) The provision of targeted support services to LGBTQ+ youth, including counseling services.
(D) Requirements regarding school antibullying and harassment policies, and complaint procedures.
(E) Requirements regarding suicide prevention policies and related procedures.
(F) Requirements regarding policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms.
(G) Requirements regarding policies and procedures to protect the privacy of LGBTQ+ pupils.
(H) The importance of identifying local, community-based organizations that provide support to LGBTQ+ youth.
(I) The importance of identifying local physical and mental health providers with experience in treating and supporting LGBTQ+ youth.
(J) The formation of peer support or affinity clubs and organizations.
(K) The importance of school staff who have received antibias or other training aimed at supporting LGBTQ+ youth.
(L) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ+ youth.
(c) Commencing with the 2025–26 school year, and continuing through the 2029–30 school year, a local educational agency shall provide and require at least one hour of training annually to all teachers and other certificated employees serving pupils in grades 7 to 12, inclusive, in a manner designed to cover the core elements of the curriculum developed pursuant to subdivision (b) over the five-year period. A teacher or certificated employee shall be exempt from the annual requirement if they completed the required training within the same year at another local educational agency in this state. All of the following shall apply to the training under this section:
(1) A local educational agency may provide the training using the online training curriculum and platform pursuant to subdivision (b) or with in-service training using the resources developed by the department pursuant to Section 218 that meets the requirements of this section.
(2) A local educational agency shall maintain records documenting both of the following:
(A) The date that each employee satisfied the requirements of this section.
(B) The name of the entity that provided the training.
(3) Notwithstanding any other law, a local educational agency shall maintain the records required in paragraph (2) according to their local retention schedule after employees receive the training and make the records available to the department upon request, as part of the department’s annual compliance monitoring of state and federal programs. These records are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(4) A local educational agency shall ensure that teachers and all other certificated employees complete the training required by this section on paid time during the employees’ regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative.
(5) Employees may complete training individually or as part of a group presentation and the training may be completed in shorter segments as long as the applicable hourly total requirement is met.
(d) A local educational agency shall ensure that the in-service training it chooses to use as an alternative to the online training pursuant to paragraph (1) of subdivision (c) is substantially similar to and meets the same standards of the online training described in this section.
(e) Nothing in this section shall prohibit a local educational agency from providing longer, more frequent, relevant in-service training to meet the online training standards, provided that it is mutually agreed to with the employee’s exclusive representative.
(f) (1) The department shall monitor compliance with the training requirement pursuant to subdivision (c) through its existing annual compliance monitoring of state and federal programs.
(2) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the relevant policy and fiscal committees of the Legislature within nine months after the conclusion of the 2029–30 school year, summarizing the data collected through compliance monitoring over the five-year period, including the local educational agencies selected for monitoring and relevant compliance findings, if any, pursuant to this section. The department shall publicly post the report on its internet website.
(3) The report required by paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
(g) This section shall become inoperative on July 1, 2031, and, as of January 1, 2032, is repealed.

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.