Bill Text: CA SB939 | 2023-2024 | Regular Session | Amended
Bill Title: Educational equity: schoolsite and community resources: neurodivergent pupils.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-23 - Read second time and amended. Re-referred to Com. on APPR. [SB939 Detail]
Download: California-2023-SB939-Amended.html
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Amended
IN
Senate
April 23, 2024 |
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Amended
IN
Senate
March 11, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 939
| Introduced by Senator Umberg |
January 17, 2024 |
An act to amend Section 234.1 Sections 234.1, 234.5, 234.6, and 32283.5 of the Education Code, relating to educational equity.
LEGISLATIVE COUNSEL'S DIGEST
SB 939, as amended, Umberg.
Educational equity: schoolsite and community resources: neurodivergent pupils.
Existing
(1) Existing law, the Safe Place to Learn Act, requires the State Department of Education, as part of its regular monitoring and review of a local educational agency, to assess whether the local educational agency has, among other things, adopted a policy that prohibits discrimination, harassment, intimidation, and bullying, as specified, and has publicized that policy to pupils, parents, employees, agents of the governing board, and the general public. Existing law also requires the department to assess
whether the local educational agency has provided to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning pupils or pupils who may face bias or bullying on the basis of religious affiliation or perceived religious affiliation, as specified.
This bill would require the department to additionally assess whether the local educational agency has provided information on existing schoolsite and community resources related to the support of neurodivergent pupils. To the extent the bill imposes additional duties on local educational agencies, the bill would create a state-mandated local program.
(2) Existing law requires the
Superintendent of Public Instruction to post, and annually update, on the department’s internet website and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity.
This bill would require the Superintendent to additionally post, and annually update, on the department’s internet website and provide to each school district, county office of education, and charter school a list of resources that provide support for youth, and their families, who have been
subjected to school-based discrimination, harassment, intimidation, or bullying on the basis of neurodiversity or perceived neurodiversity, including those developed by the University of California and California State University Collaborative for Neurodiversity and Learning.
(3) Existing law requires, commencing with the 2020–21 academic year, each local educational agency, as defined, to ensure that specified information related to pupil safety is readily accessible in a prominent location on the local educational agency’s existing internet website in a manner that is easily accessible to parents or guardians and pupils.
This bill would require, commencing with the 2025–26 academic year,
each local educational agency to additionally ensure that the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning are readily accessible in a prominent location on the local educational agency’s internet website in a manner that is easily accessible to parents or guardians and pupils. To the extent the bill imposes additional duties on local educational agencies, the bill would create a state-mandated local program.
(4) Existing law requires the department to develop and post on its internet website an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.
This bill would require the online training module to include information about how to support pupils who are bullied for being or being perceived as neurodivergent and include links to the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning.
The
(5) 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: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 234.1 of the Education Code is amended to read:234.1.
The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following:(a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability,
gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the local educational agency, and all acts of the governing board or body of the local educational agency, the superintendent of the school district, and the county superintendent of schools in enacting policies and procedures that govern the local educational agency.
(b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55
of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following:
(1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so.
(2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district.
(3) An appeal process afforded to the complainant in the case of a disagreement with the resolution of a complaint filed pursuant to this section.
(4) All forms developed pursuant to this process shall be translated pursuant to Section 48985.
(c) Publicized antidiscrimination, antiharassment, anti-intimidation, and antibullying policies adopted pursuant to subdivision (a), including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public. The information shall be translated pursuant to Section 48985.
(d) (1) Provided, incident to the publicizing described in subdivision (c), to certificated schoolsite
employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the local educational agency, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, neurodivergent pupils, and pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation.
(2) As used in this subdivision, both of the following apply:
(A) Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ or other at-promise pupils, counseling services, staff who have received antibias or other training aimed at supporting these pupils or who serve as designated support to these pupils,
health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures.
(B) Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ or other at-promise pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils.
(e) Posted the policy established pursuant to subdivision (a) in all schools and offices, including staff lounges and pupil government meeting rooms.
(f) Maintained documentation of complaints and their
resolution for a minimum of one review cycle.
(g) Ensured that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate.
(h) Identified a responsible local educational agency officer for ensuring school district or county office of education compliance with the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter.
(i) Nothing in this section shall be construed to require school employees to engage with religious institutions in the course of identifying community support resources pursuant to this
section.
SEC. 2.
Section 234.5 of the Education Code is amended to read:234.5.
(a) (1) The Superintendent shall post, and annually update, on the department’s(2) The resources included pursuant to paragraph (1) that provide support for youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying on the basis of neurodiversity shall include those developed by the University of California and
California State University Collaborative for Neurodiversity and Learning.
(b) The department’s Internet Web site internet website shall also include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.
SEC. 3.
Section 234.6 of the Education Code is amended to read:234.6.
(a) For purposes of this article, “local educational agency” means a county office of education, school district, state special school, or charter school.(b) Commencing with the 2020–21 academic year, each local educational agency shall ensure that all of the following information is readily accessible in a prominent location on the local educational agency’s existing internet website in a manner that is easily accessible to parents or guardians and pupils:
(1) The local educational agency’s policy on pupil suicide prevention in grades 7 to 12, inclusive, adopted pursuant to Section 215.
(2) The local educational agency’s policy on
pupil suicide prevention in kindergarten and grades 1 to 6, inclusive, adopted pursuant to Section 215, including reference to the age appropriateness of that policy.
(3) The definition of discrimination and harassment based on sex as described in Section 230. This shall include the rights set forth in Section 221.8.
(4) The Title IX information included on a local educational agency’s internet website pursuant to Section 221.61.
(5) A link to the Title IX information included on the department’s internet website pursuant to Section 221.6.
(6) The local educational agency’s written policy on sexual harassment, as it pertains to pupils, prepared pursuant to Section 231.5.
(7) The local
educational agency’s policy, if it exists, on preventing and responding to hate violence as described in Section 233.
(8) The local educational agency’s anti-discrimination, anti-harassment, anti-intimidation, and anti-bullying policies as described in Section 234.1.
(9) The local educational agency’s anti-cyberbullying procedures adopted pursuant to Section 234.4.
(10) A section on social media bullying that includes all of the following references to possible forums for social media bullying:
(A) Internet websites with free registration and ease of registration.
(B) Internet websites offering peer-to-peer instant messaging.
(C) Internet websites offering comment forums or sections.
(D) Internet websites offering image or video posting platforms.
(11) A link to statewide resources, including community-based organizations, compiled by the department pursuant to Section 234.5.
(12) Any additional information a local educational agency deems important for preventing bullying and harassment.
(c) Commencing with the 2025–26 academic year, each local educational agency shall ensure that the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning are readily accessible in a prominent
location on the local educational agency’s internet website in a manner that is easily accessible to parents or guardians and pupils.
SEC. 4.
Section 32283.5 of the Education Code is amended to read:32283.5.
(a) (1) The department shall develop and post on its internet website an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying. The online training module shall include, but is not limited to, identifying an act of bullying or cyberbullying and implementing strategies to address bullying and cyberbullying.(2) The online training module developed pursuant to paragraph (1) shall include information about how to support
pupils who are bullied for being or being perceived as neurodivergent and include links to the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning.
(b) The department shall post on its internet website and annually update a list of available online training modules relating to bullying or bullying prevention.
(c) A school operated by a school district or a county office of education and a charter school shall annually make available the online training module developed by the department pursuant to subdivision (a) to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils.
