California 2023-2024 Regular Session

California Assembly Bill AB5 Compare Versions

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1-Assembly Bill No. 5 CHAPTER 220An 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 DIGESTAB 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 202526 school year and ending with the completion of the 202930 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 departments 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 departments 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 202526 school year, and continuing through the 202930 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 departments 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 employees 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 202930 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.
1+Enrolled September 12, 2023 Passed IN Senate September 07, 2023 Passed IN Assembly September 11, 2023 Amended IN Senate September 01, 2023 Amended IN Assembly May 02, 2023 Amended IN Assembly April 17, 2023 Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 5Introduced by Assembly Member Zbur(Coauthors: Assembly Members Cervantes, Haney, Kalra, Lee, Low, Muratsuchi, Schiavo, Ward, and Wilson)(Coauthors: Senators Eggman, Laird, Menjivar, Padilla, and Wiener)December 05, 2022An act to amend Section 218 of, and to add and repeal Section 218.3 of, the Education Code, relating to educational equity.LEGISLATIVE COUNSEL'S DIGESTAB 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 202526 school year and ending with the completion of the 202930 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 departments 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 departments 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 202526 school year, and continuing through the 202930 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 departments 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 employees 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 202930 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.
22
3- Assembly Bill No. 5 CHAPTER 220An 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 DIGESTAB 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 202526 school year and ending with the completion of the 202930 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 departments 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 departments 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled September 12, 2023 Passed IN Senate September 07, 2023 Passed IN Assembly September 11, 2023 Amended IN Senate September 01, 2023 Amended IN Assembly May 02, 2023 Amended IN Assembly April 17, 2023 Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 5Introduced by Assembly Member Zbur(Coauthors: Assembly Members Cervantes, Haney, Kalra, Lee, Low, Muratsuchi, Schiavo, Ward, and Wilson)(Coauthors: Senators Eggman, Laird, Menjivar, Padilla, and Wiener)December 05, 2022An act to amend Section 218 of, and to add and repeal Section 218.3 of, the Education Code, relating to educational equity.LEGISLATIVE COUNSEL'S DIGESTAB 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 202526 school year and ending with the completion of the 202930 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 departments 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 departments 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
44
5- Assembly Bill No. 5 CHAPTER 220
5+ Enrolled September 12, 2023 Passed IN Senate September 07, 2023 Passed IN Assembly September 11, 2023 Amended IN Senate September 01, 2023 Amended IN Assembly May 02, 2023 Amended IN Assembly April 17, 2023 Amended IN Assembly March 23, 2023
66
7- Assembly Bill No. 5
7+Enrolled September 12, 2023
8+Passed IN Senate September 07, 2023
9+Passed IN Assembly September 11, 2023
10+Amended IN Senate September 01, 2023
11+Amended IN Assembly May 02, 2023
12+Amended IN Assembly April 17, 2023
13+Amended IN Assembly March 23, 2023
814
9- CHAPTER 220
15+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
16+
17+ Assembly Bill
18+
19+No. 5
20+
21+Introduced by Assembly Member Zbur(Coauthors: Assembly Members Cervantes, Haney, Kalra, Lee, Low, Muratsuchi, Schiavo, Ward, and Wilson)(Coauthors: Senators Eggman, Laird, Menjivar, Padilla, and Wiener)December 05, 2022
22+
23+Introduced by Assembly Member Zbur(Coauthors: Assembly Members Cervantes, Haney, Kalra, Lee, Low, Muratsuchi, Schiavo, Ward, and Wilson)(Coauthors: Senators Eggman, Laird, Menjivar, Padilla, and Wiener)
24+December 05, 2022
1025
1126 An act to amend Section 218 of, and to add and repeal Section 218.3 of, the Education Code, relating to educational equity.
12-
13- [ Approved by Governor September 23, 2023. Filed with Secretary of State September 23, 2023. ]
1427
1528 LEGISLATIVE COUNSEL'S DIGEST
1629
1730 ## LEGISLATIVE COUNSEL'S DIGEST
1831
1932 AB 5, Zbur. The Safe and Supportive Schools Act.
2033
2134 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 202526 school year and ending with the completion of the 202930 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 departments 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 departments 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.
2235
2336 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.
2437
2538 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 202526 school year and ending with the completion of the 202930 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 departments 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 departments 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.
2639
2740 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.
2841
2942 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.
3043
3144 ## Digest Key
3245
3346 ## Bill Text
3447
3548 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 202526 school year, and continuing through the 202930 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 departments 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 employees 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 202930 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.
3649
3750 The people of the State of California do enact as follows:
3851
3952 ## The people of the State of California do enact as follows:
4053
4154 SECTION 1. This act shall be known, and may be cited, as the Safe and Supportive Schools Act.
4255
4356 SECTION 1. This act shall be known, and may be cited, as the Safe and Supportive Schools Act.
4457
4558 SECTION 1. This act shall be known, and may be cited, as the Safe and Supportive Schools Act.
4659
4760 ### SECTION 1.
4861
4962 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.
5063
5164 SEC. 2. Section 218 of the Education Code is amended to read:
5265
5366 ### SEC. 2.
5467
5568 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.
5669
5770 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.
5871
5972 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.
6073
6174
6275
6376 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.
6477
6578 (b) The department shall periodically update the schoolsite and community resources for the support of LGBTQ pupils to reflect changes in law.
6679
6780 (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:
6881
6982 (A) Peer support or affinity clubs and organizations.
7083
7184 (B) Safe spaces for LGBTQ pupils.
7285
7386 (C) Antibullying and harassment policies and related complaint procedures.
7487
7588 (D) Counseling services.
7689
7790 (E) School staff who have received antibias or other training aimed at supporting LGBTQ youth.
7891
7992 (F) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth.
8093
8194 (G) Suicide prevention policies and related procedures.
8295
8396 (H) Policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms.
8497
8598 (I) Policies and procedures to protect the privacy of LGBTQ pupils.
8699
87100 (2) As used in this section, community resources for the support of LGBTQ pupils include, but are not limited to, both of the following:
88101
89102 (A) Local community-based organizations that provide support to LGBTQ youth.
90103
91104 (B) Local physical and mental health providers with experience in treating and supporting LGBTQ youth.
92105
93106 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 202526 school year, and continuing through the 202930 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 departments 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 employees 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 202930 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.
94107
95108 SEC. 3. Section 218.3 is added to the Education Code, immediately following Section 218, to read:
96109
97110 ### SEC. 3.
98111
99112 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 202526 school year, and continuing through the 202930 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 departments 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 employees 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 202930 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.
100113
101114 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 202526 school year, and continuing through the 202930 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 departments 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 employees 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 202930 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.
102115
103116 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 202526 school year, and continuing through the 202930 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 departments 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 employees 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 202930 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.
104117
105118
106119
107120 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.
108121
109122 (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.
110123
111124 (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).
112125
113126 (3) At a minimum, the training in paragraph (1) shall include information on all of the following topics:
114127
115128 (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.
116129
117130 (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.
118131
119132 (C) The provision of targeted support services to LGBTQ+ youth, including counseling services.
120133
121134 (D) Requirements regarding school antibullying and harassment policies, and complaint procedures.
122135
123136 (E) Requirements regarding suicide prevention policies and related procedures.
124137
125138 (F) Requirements regarding policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms.
126139
127140 (G) Requirements regarding policies and procedures to protect the privacy of LGBTQ+ pupils.
128141
129142 (H) The importance of identifying local, community-based organizations that provide support to LGBTQ+ youth.
130143
131144 (I) The importance of identifying local physical and mental health providers with experience in treating and supporting LGBTQ+ youth.
132145
133146 (J) The formation of peer support or affinity clubs and organizations.
134147
135148 (K) The importance of school staff who have received antibias or other training aimed at supporting LGBTQ+ youth.
136149
137150 (L) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ+ youth.
138151
139152 (c) Commencing with the 202526 school year, and continuing through the 202930 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:
140153
141154 (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.
142155
143156 (2) A local educational agency shall maintain records documenting both of the following:
144157
145158 (A) The date that each employee satisfied the requirements of this section.
146159
147160 (B) The name of the entity that provided the training.
148161
149162 (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 departments 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).
150163
151164 (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.
152165
153166 (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.
154167
155168 (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.
156169
157170 (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 employees exclusive representative.
158171
159172 (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.
160173
161174 (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 202930 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.
162175
163176 (3) The report required by paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
164177
165178 (g) This section shall become inoperative on July 1, 2031, and, as of January 1, 2032, is repealed.
166179
167180 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.
168181
169182 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.
170183
171184 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.
172185
173186 ### SEC. 4.