§ 218.3. — 218.3. (Added by Stats. 2023, Ch. 220, Sec. 3.)

California § 218.3.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 1.
• Title 1.: DIVISION 1. GENERAL EDUCATION CODE PROVISIONS
• Part 1.: PART 1. GENERAL PROVISIONS
• Ch. 2.: CHAPTER 2. Educational Equity
• Art. 2.7.: ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources

Text

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

Legislative History

Added by Stats. 2023, Ch. 220, Sec. 3. (AB 5) Effective January 1, 2024. Inoperative July 1, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions.