Assembly Bill 537
Advisory
Task Force Report
California Student Safety and
Violence Prevention Act of 2000
Publishing Information
The Assembly Bill 537 Advisory Task Force Report was designed and
prepared for printing by the staff of CDE Press and was published by the
California Department of Education, 721 Capitol Mall, Sacramento,
California (mailing address: P.O. Box 944272, Sacramento, CA 94244-
2720). It was distributed under the provisions of the Library Distribution
Act and Government Code Section 11096.
© 2001 by the California Department of Education
All rights reserved
A Message from the State Superintendent of Public Instruction .................... v
Preface ................................................................................................................ vii
Acknowledgments ............................................................................................... xi
Introduction ...................................................................................................... xiii
Recommendations ................................................................................................ 1
Appendixes
A. Statistics ................................................................................................. 13
B. Current Laws ........................................................................................ 17
iii
Contents
DELAINE EASTIN
State Superintendent of Public Instruction
v
O
NE OF OUR SCHOOLS MOST
important jobs is to ensure that all
students are offered equal protection
from potentially violent discrimination and harass-
ment, which not only disrupt learning but also can
leave lifetime scars. The California Student Safety
and Violence Prevention Act of 2000 (Assembly Bill
537) takes an important step in offering that protec-
tion.
Before Assembly Bill (AB) 537 was enacted, the
California Education Code specifically prohibited
discrimination against and harassment of students
and staff in schools on the basis of sex, ethnic group
identification, race, national origin, religion, color,
or mental or physical disability. The new law has
added the provision that all students and staff in
public education facilities have the same right to a
safe learning environment, regardless of their sexual
orientation or gender identity.
I convened the AB 537 Advisory Task Force to
develop recommendations for schools as they work
with their communities to ensure that policies and
strategies are in place that fulfill the laws provi-
sions. Successful implementation of the law will
help ensure that schools provide a safe, supportive
environment for all students.
Despite media attention focused on the trag-
edies that have occurred in recent years on school
campuses, our schools continue to be safe havens
for most students. However, any incident that harms
a student, or makes him or her feel unsafe, needs to
be prevented and addressed. We must continue the
important task of fostering and promoting programs
that ensure our students safety and enhance the
learning environment of our schools. The recom-
mendations in this document contribute to that
effort.
I want to thank the members of the task force
for all their hard work. I appreciate their time,
dedication, and thoughtful contribution as we
continue our efforts to promote safe schools
throughout California.
A Message from the State
Superintendent of Public Instruction
vii
Davis shortly thereafter. The law, which officially
took effect in January 2000, prohibits discrimination
in California public schools on the same grounds
used to define hate crimes under California law.
Through AB 537 the Legislature added two new
forms of discrimination to the existing prohibitions
against discrimination and harassment in California
public schools: actual or perceived sexual orientation
and actual or perceived gender.
AB 537 Advisory Task Force
In spring 2000 State Superintendent of Public
Instruction Delaine Eastin established the AB 537
Advisory Task Force to identify, research, and
recommend guidelines to implement the California
Student Safety and Violence Prevention Act of 2000.
This task force was established to make recommen-
dations to ensure that AB 537 did not become
another law that would sit on a bookshelf. The
Advisory Task Force, composed of 35 members
from a wide variety of constituencies throughout
California, met regularly over eight months to
develop recommendations to implement AB 537.
This report culminates the groups work to date.
Summary of Recommendations
The AB 537 Advisory Task Force developed 12
recommendations, which range from actions the
California Department of Education can implement
administratively to those the California State Board
of Education must approve. Each recommendation
includes a rationale and implementation strategies.
Recommendations have been developed in the areas
A
MERICANS WANT ALL STUDENTS
and staff in our schools to be safe,
supported, and engaged. We want schools
to bring out the best in our children and to provide
all students equal access to a good education. The
concept of equal access has long been a cornerstone
of American education, but when students and staff
fear for their safety, their equal access to an excellent
education is compromised. We know that students
and staff cannot be expected to function well when
preoccupied with fear in their environment.
Hundreds of laws, policies, regulations, and
programs have been established to ensure that
schools are, in fact, safe and supportive and that all
students have equal access to education. However,
we know that students and educators who are or who
are perceived to be lesbian, gay, bisexual, or
transgender too often face harassment, discrimina-
tion, and even violence on a regular basis. Unfortu-
nately, we also know that some school decision
makers may be reticent in responding effectively to
such instances because of their own fears that their
response might be considered too controversial. In
such instances equal access to a quality education for
all is not being provided. This reports recommenda-
tions attempt to ameliorate this situation in Califor-
nia public schools.
Assembly Bill 537
The California Student Safety and Violence
Prevention Act of 2000, Assembly Bill (AB) 537,
was passed by the California Legislature in Septem-
ber 1999 and was signed into law by Governor Gray
Preface
viii
of policy language, legal compliance, training,
curricula, resources, and data collection.
Why the Recommendations Are
Necessary
All California students deserve equal opportuni-
ties to learn, to have role models with whom they
can identify, to have educational content that applies
to them, and to have an equal voice in their educa-
tion. Schools cannot expect students to get the most
out of their education when they are constantly
worried about safety or are discriminated against
because of who they are, who they are perceived to
be, or who their families are.
Most educators and other school personnel will
agree that they have a responsibility to provide a
safe, supportive environment for their students.
Unfortunately, however, negative attitudes about
sexual orientation and gender identity exist. Students
who are perceived to be or who are lesbian, gay,
bisexual, or transgender too often are the victims
of harassment, discrimination, and violence. Numer-
ous studies have documented such antigay attitudes
and incidents in kindergarten through grade twelve
(K12) schools.
The State Board of Education has previously
indicated that every effort should be made to elimi-
nate hate-motivated violence. The Board has stated
that public schools can take the lead in this effort
and that all California schools are responsible for
creating environments that prevent hate-motivated
violence. To take that responsibility seriously,
educators and other school staff must fully under-
stand and respond to harassment and learn how they
can most effectively create school environments that
will, indeed, be safe and supportive for all students.
Several state and federal legal mandates apply to
California schools with regard to harassment of and
discrimination against those who are or who are
perceived to be lesbian, gay, bisexual, or
transgender. The California Education Code requires
that public school districts ensure educational access
by addressing harassment of and discrimination
against these students and staff. Recent legal cases,
in California and other states, have provided clear
admonition to school districts to address these issues
or face possible litigation. School administrators
realize that if their staffs are expected to follow the
law and its intent, those same individuals need
resources and training to do so.
Next Steps
The AB 537 Advisory Task Force members hope
that the State Superintendent of Public Instruction
will now choose to apply these recommendations to
the work of Department of Education staff when it is
possible to do so administratively, submit the
recommendations to the State Board of Education
for policy change where necessary, and ask the
Legislature to provide resources to fully implement
these recommendations. The Advisory Task Force
strongly recommends that a similar but permanent
advisory committee be established to review policy,
legal compliance, training, resources, curricula, and
data collection.
Conclusion
If we sincerely believe that California schools
should provide an equally safe, engaging, and
supportive educational atmosphere for all students
and staff, the California Department of Education
and California school districts must take proactive
steps to stop harassment, discrimination, and vio-
lence based on actual or perceived sexual orientation
and gender identity in schools.
Assembly Bill 537 was enacted as a first legal
step to make things right. Now it is incumbent on
state and local educational agencies to develop
policies and training materials that will implement
this law. While implementation of some recommen-
dations might appear to be controversial in some
districts, most school administrators will agree that
such implementation is the legally and profession-
ally pragmatic thing to do. On a deeper human level,
ix
KATHY GILL MIKE MARSHALL
Co-Chairperson Co-Chairperson
AB 537 Advisory Task Force AB 537 Advisory Task Force
KIRK BELL JENNIFER RICHARD
Western Field Organizer Principal Consultant
Gay, Lesbian, and Straight Education Network Office of Senator Kuehl
if each of us honestly subscribes to the belief that
schools should be safe and supportive for all, then
we will move past our fears of controversy and do
what we know is the right thing; that is, ensure that
equal access to quality education is, indeed, pro-
vided for all.
The AB 537 Advisory Task Force asks that the
State Superintendent of Public Instruction accept and
implement the attached set of recommendations to
ensure that the letter of AB 537 and its intent are
carried out fully. The members of the task force
appreciate the opportunity to develop these recom-
mendations.
xi
*Subcommittee Coordinators
Task Force Members
Kathy Gill Co-Chairperson, AB 537 Advisory Task Force; Intergroup Relations Special-
ist, Los Angeles Unified School District
Mike Marshall Co-Chairperson, AB 537 Advisory Task Force; Interim Executive Director,
San Francisco Gay, Lesbian, Bisexual, and Transgendered Community
Center
Rabbi Mona Alfi Sacramento, California
Reverend Ed Bacon All Saints Church, Pasadena, California
Kirk Bell* Western Field Organizer, Gay, Lesbian, and Straight Education Network
Gloria Bevers Director, Chico Unified School District
John Burton* Executive Director, Fontana Unified School District
Reverend Ignacio Castuera Community United Methodist Church, Pacific Palisades, California
Brian Cheu* Executive Director, Lavender Youth Recreation and Information Center
Eduardo Colacion Teacher, San Francisco Unified School District
Steve Coulter Vice President (Retired), Pacific Bell
Peggy Critz Teacher, New Haven Unified School District
Marilee France President of Local 1050, California Federation of Teachers
Jan Garbosky Office of Research and Evaluation Program Manager, Sweetwater Union
High School District
Patti Giggans Executive Director, Los Angeles Commission on Assaults Against Women
Juan Carlos Gil Program Assistant, Queer Youth Training Collaborative, Lavender Youth
Recreation and Information Center
Stu Harrison* National Director Emeritus, Gay, Lesbian, and Straight Education Network
Richard Hathaway Treasurer, ABC Federation of Teachers
Gregory M. Herek University of California, Davis, Psychology Department
Irvin Howard President, California League of Middle Schools/High Schools
Goldman G. Jacobs Commissioner, Palm Springs Human Rights Commission
Crystal Jang Teacher, San Francisco Unified School District
Thomas Kinoshita Executive Director, Community Solutions
Carolyn Laub Executive Director, Gay-Straight Alliance Network
Elaine Leader Executive Director, TEEN LINE; Cedars-Sinai Medical Center
Gerald Motto Teacher, California Teachers Association
Acknowledgments
Lester Olmstead-Rose Governmental and Public Affairs Representative, Pacific Gas and Electric
Grant Peterson San Francisco East Bay and National Board, Gay, Lesbian, and Straight
Education Network
Rosalie Pinkert Character Education Coordinator, Modesto City Schools
Ty Ramsower Director, Claremont University Center
Gary D. Soto Executive Director, Action Learning Systems, Inc
Larry Steele Counselor, Hemet Unified School District
Judith Taylor Researcher, Project 10
Jill Tregor Director, San Francisco Intergroup Clearinghouse
Mary Westphal Teacher, San Bernardino City Unified School District
California Department of Education Staff
Jan Agee Executive Editor, Executive Office
Chris Berry Consultant, School Health Connections Office
Louise Chiatovich Consultant, Safe Schools and Violence Prevention Office
Henry Der Deputy Superintendent, Education Equity, Access, and Support Branch
Corlene Goi Analyst, Education Support Systems Division
Karen Humphrey Consultant, Workforce Development, Policy, and Interagency Relations Unit
Vivian Linfor Consultant, Safe Schools and Violence Prevention Office
Karen Lowrey Consultant, Student Support Services and Programs Unit
Mary Tobias Weaver Assistant Superintendent/Director, Education Support Systems Division
Bill White Administrator, Safe Schools and Violence Prevention Office
Special Thanks
Indigo Baptiste San Francisco Unified School District, Gay-Straight Alliance
Sheila Kuehl California State Senator
Sherry McLaughlin Coordinator, Alameda County Office of Education
Jennifer Richard Principal Consultant, Office of Senator Kuehl
Stephen Russell University of California, Davis, Department of Human and Community
Development
Arlene Shea California Attorney Generals Office, Crime and Violence Prevention Center
xii
was to provide recommendations to ensure that all
students and staff in California schools are safe and
protected from discrimination and hate violence.
The task force was composed of representatives
from K12 education, higher education faculty and
researchers, faith community members, community
organization members, and students. The group
conducted a series of meetings to identify key issues
involved in implementing AB 537 in the states
school communities.
The task force reviewed state data, researched
the issues, and held many discussions to develop
recommendations in five theme areas: providing
access to resources for students and staff about
sexual orientation and gender identity issues and
hate violence; developing research to identify issues
related to sexual orientation and gender identity and
hate violence; creating accountability and enforce-
ment guidelines at schools; providing advisory
committee and staff support to monitor AB 537
provisions; and formulating state policy.
xiii
T
HROUGH ENACTMENT OF ASSEMBLY
Bill (AB) 537, the California Legislature
added two new prohibited forms of dis-
crimination to the existing prohibitions against
discrimination and harassment in California public
schools: actual or perceived sexual orientation and
gender identity. Assembly Bill 537 prohibits dis-
crimination in California public schools on the same
grounds used in the definition of hate crimes under
California law. The Legislatures express intent in
enacting this law was to prevent the climate-setting
incidents of harassment and discrimination that lead
to hate violence.
The State Superintendent of Public Instruction
wanted guidance to assist her in addressing the intent
of AB 537. The AB 537 Advisory Task Force was
formed to develop strategies to implement the bill in
public schools to reduce or eliminate incidents of
harassment and hate-motivated behavior directed at
students who may be or are perceived to be lesbian,
gay, bisexual, or transgender individuals. Its purpose
Introduction
Seek legislation and funding to ensure ongoing
AB 537 training in addition to training related to
sexual harassment, child abuse, gender equity, and
safe school plans. (SB 187 [Hughes], Chapter 736,
Statutes of 1997)
Urge the Commission on Teacher Credentialing to
ensure that AB 537 information is included in
teacher preparation programs. (AB 1785
[Villaraigosa], Chapter 955, Statutes of 2000, has
added a human relations course to required teacher
preparation.)
Develop a trainer-of-trainers program to prepare
individuals to provide training to district staff.
Ensure that the program addresses gender identity
as well as sexual orientation.
Publish a list of identified AB 537 trainers and
seek funding for districts to receive training.
Seek commitment from the Association of Califor-
nia School Administrators to (1) include AB 537
information in leadership academies and publica-
tions; and (2) include lesbian, gay, bisexual,
transgender, and gender identity issues in Tier I
and Tier II Administrator Training.
Include AB 537 compliance as an eligible topic
for staff development buy-back topics for teacher
recertification.
Develop and offer specific training for coaches,
physical education teachers, crisis counselors,
crisis response teams, school police, school
security officers, school counselors, nurses, and
parents/guardians.
Disseminate an informational letter to school
districts about the provisions of AB 537.
1
Rationale
Without appropriate information and training,
teachers and administrators may not be able to meet
their legal obligation to respond to discrimination
and harassment based on actual or perceived sexual
orientation and gender identity. Nor will they be able
to prevent discrimination and harassment before they
occur by responding appropriately to climate-setting
incidents. Comprehensive training for school
personnel on the new law is essential.
Additionally, Safe School Plan training is
offered statewide, and safe school plans are required
for all schools. Integrating sexual orientation and
gender identity issues into Hate-Motivated Violence
Prevention training and Safe School Plan training
will provide those people responsible for school
safety with current information about the critical
nature of discrimination and harassment based on
sexual orientation and gender identity.
Strategies
Provide guidance to all school personnel on the
new law and the school district policy on respond-
ing to climate-setting incidents of harassment and
violence.
Require schools to have all staff members sign off
after receiving information about the new law.
Create and distribute a model antislur,
antiharassment policy approved by the California
Department of Education (CDE) that explicitly
includes sexual orientation and gender identity as
protected categories.
Integrate training related to AB 537 into Hate-
Motivated Violence Prevention training and
statewide Safe School Plan training.
Recommendations
Ensure that all school personnel are informed of the provisions of AB 537 and
that all district and site personnel are trained in the law’s requirements.
1
Rationale
When students are forced to navigate a minefield
of harassment and discrimination in school, they are
being denied equal educational access. Every child
deserves an education free from intimidation,
harassment, and violence. It is extremely important
to develop strategies to prevent such actions before
they occur. It is also very important to have effective
and meaningful systems in place to respond to
incidents of discrimination, harassment, and hate-
motivated violence.
While our first priority must be to educate
school personnel about their responsibilities under
AB 537 and ensure that they model an appropriate
response to harassment, discrimination, and violent
incidents, students and parents/guardians must also
play a role. Students, parents/guardians, and school
personnel must all be a part of ending harassment,
discrimination, and violence based on actual or
perceived sexual orientation and gender identity.
Students and parents/guardians must be in-
formed about their rights and responsibilities under
AB 537. There must be effective notice about the
new law and how a student can file a discrimination
complaint with the school district. An effective
grievance system provides an immediate response to
ongoing discrimination; redress for a past harm; and
rehabilitation to perpetrators. It also deters future
acts of harassment, discrimination, and hate-moti-
vated violence on school property or during school-
sponsored activities.
Students must be involved in preventing dis-
crimination, harassment, and violence while know-
ing their rights and responsibilities under the new
law. Although the ultimate legal responsibility to
respond to incidents of harassment, discrimination,
and hate violence lies with school personnel, stu-
dents play a key role in the school climate. Discrimi-
nation and harassment can quickly escalate into hate
violence incidents if left unchecked. Informed
students play an important part by responding
appropriately to incidents of harassment and dis-
crimination among their peers.
Strategies
Ensure that schools post an antidiscrimination
policy that explicitly mentions actual or perceived
sexual orientation and gender identity on all
school campuses in locations that students regu-
larly see.
Ensure that schools inform all students and
parents/guardians annually of discrimination
prohibitions and grievance procedures, including
information on contacting administrators respon-
sible for handling complaints.
Enact legislation to provide guidance annually on
implementing the provisions of AB 537 in schools
through classroom training for students and
mandatory in-service training for school person-
nel.
Ensure that school-site training includes examples
of prohibited conduct by describing the varying
forms of discrimination, harassment, and violence
related to sexual orientation and gender identity
covered by the provisions of AB 537 as well as
information about the reporting and investigation
procedures.
Encourage and support student organizations, such
as Gay-Straight Alliances, campus civil rights
groups, and peer counseling and guidance pro-
grams, in their work to create safe and tolerant
school environments.
Develop student leadership in creating safe
schools for all students through mentoring,
leadership training, positive recognition, and
financial support for student-led prevention
efforts.
2
Develop and provide guidance for students about their rights and
responsibilities related to AB 537. Support student participation in preventing
harassment, violence, and discrimination on the basis of actual or perceived
sexual orientation and gender identity.
2
3
Rationale
Systems and programs that provide school
accountability for programs and practices exist
statewide. Current systems include coordinated
compliance reviews; School Improvement Programs;
Focus on Learning, Joint CDE Process with Western
Association of Schools and Colleges; and Safe
School Plans. Integration of AB 537 compliance into
current systems will ensure the enforcement of AB
537. Additionally, in view of the long history of
discrimination against students based on actual or
perceived sexual orientation and gender, the creation
of new systems is necessary to ensure compliance
with the provisions of AB 537.
Rationale
Educators and administrators need access to
culturally sensitive, effective educational resources
to help them eliminate discrimination, harassment,
and hate-motivated violence based on sexual orienta-
tion and gender identity. Numerous educational
resources already exist in school districts and
workplaces around the country. However, many of
these resources may need to be tailored to address
the range of issues presented in schools.
Strategies
Establish a training subcommittee of the perma-
nent advisory committee (see Recommendation 6)
to work with CDE staff in collaboration with
established CDE resource providers to evaluate
materials, develop a resource list with Web site
links, and recommend appropriate materials for
specific groups and grade levels.
Identify and contact other states, school districts,
government agencies, nonprofit organizations,
corporations, and entities that have addressed
discrimination based on sexual orientation and
gender identity. Obtain copies of their training
materials, guidelines, posters, and manuals to use
as references to develop educational materials.
Include materials and information relating to AB
537 in CDEs publications and store.
Identify supplemental educational resources that
address sexual orientation and gender identity in
curriculum subject areas. Ensure resources are
culturally and age-appropriate and reflect
Californias racial and geographic diversity.
Include resource examples in the Healthy Kids
Resource Center and the Healthy Kids Dissemina-
tion Center.
Provide lesbian, gay, bisexual, transgender, and
other gender identity resources in Safe Schools
Plan training and Hate-Motivated Violence
Prevention training. Include resources also in
grade-level appropriate reading lists based on state
standards and district reading programs.
Create positive, grade-appropriate visual images
that include all sexual orientations and gender
identities for use in school common areas through-
out the school year.
Ensure that exemplary educational resources used to eliminate
discrimination, harassment, and hate-motivated violence based on actual
or perceived sexual orientation and gender identity are identified and
developed for use in California schools.
3
4
Integrate methods to monitor compliance with AB 537 into existing educational
compliance systems and develop additional systems to support compliance.
Rationale
The California Department of Education has a
central responsibility to ensure that the school
community is aware of AB 537 and its implications.
The media campaign will educate the public about
the law in a meaningful context.
Strategies
Involve youths in the creation of a public informa-
tion campaign to promote awareness of AB 537.
Create sample public service announcements for
local and school television and radio stations.
Provide posters, sample ads for school newspa-
pers, book covers, and other materials to school
communities.
Promote AB 537 through presentations to organi-
zations involved with youths, such as parent
teacher associations, county health and social
service agencies, violence-prevention organiza-
tions, coordinating councils for youth and teen
agencies, and the Interagency Coalition on Abuse
and Neglect.
hate-motivated violence, specifically including
hate-violence incidents targeting persons who are
perceived to be or who are lesbian, gay, bisexual,
and transgender. (AB 1785 [Villaraigosa], Chapter
955, Statutes of 2000)
Develop a biennial evaluation of AB 537 compli-
ance that includes recommendations for improving
compliance.
Seek legislation and funding to designate one
person at each school knowledgeable about sexual
orientation and gender identity issues to support
implementation of AB 537, and ensure that the
individual is involved at the school in all compli-
ance and training activities related to the law.
4
Strategies
Integrate compliance with AB 537 into planning
and reporting mechanisms required by current
compliance systems.
Include AB 537 provisions in any application for
grants pertaining to students at risk of discrimina-
tion and as a part of all agreements for grants to
eliminate discrimination.
Include freedom from discrimination on the basis
of actual or perceived sexual orientation and
gender identity in the Student Bill of Rights.
Ensure that districts and schools continue to
implement policies that require the reporting of
Promote AB 537 through pay envelope announce-
ments to state and local government employees.
Create a speakers bureau to discuss the provisions
of AB 537 at conferences of education associa-
tions and other interested groups.
Develop a media kit about the public education
campaign and solicit general news stories about
the public education efforts.
Cultivate stories about AB 537 in education-
related media.
Develop resources specifically for education
media, including a fact sheet on AB 537; imple-
mentation and enforcement procedures; basic
background information on discrimination,
harassment, and hate-motivated violence in
schools based on actual or perceived sexual
orientation and gender identity; and a media
contact list.
Act as a clearinghouse for materials from success-
ful local public education campaigns.
Create partnerships with foundations to provide
resources for the statewide information and
awareness campaign.
5
Seek resources to develop a public information campaign to promote
awareness of AB 537 and educate school board members, district
administrators, certificated and classified staff members, parents/guardians,
community members, students, and businesses regarding the purpose,
protections, and benefits of AB 537.
Rationale
Many of the recommendations of the AB 537
Advisory Task Force will require oversight during
implementation, monitoring, further research, and
evaluation. Therefore, a permanent advisory com-
mittee with regularly scheduled meetings should be
established to hear continually from the groups
affected by the legislation.
State content standards and curriculum frame-
works are periodically reviewed and updated. Many
other state policies and guidelines are reviewed in
multiyear cycles. A permanent advisory committee
will be able to provide ongoing advice on reviews
and revisions of policies, curriculum standards, and
frameworks.
Strategies
Appoint a permanent advisory committee to guide
the revision of state education policy and pro-
grams to reflect the intent of AB 537. The perma-
nent advisory committee should include students,
teachers, administrators, clergy, business leaders,
and community members.
Ensure that the advisory committee is geographi-
cally and ethnically diverse and includes
transgender as well as lesbian, gay, and bisexual
participants.
Provide resources for advisory committee meet-
ings as needed.
Rationale
Additional resources must be allocated within
CDE to support the efforts of school districts to
comply with the provisions of AB 537. The volume
and complexity of issues related to sexual orienta-
tion and gender identity discrimination merit a staff
position to provide technical assistance, training,
outreach, and resources to schools.
Strategies
Create a permanent, full-time staff position to
assist school districts with compliance and train-
ing requirements related to AB 537.
Increase funding for CDE civil rights compliance.
Provide new training for compliance officers on
the provisions of AB 537.
5
7
Create a permanent advisory committee to review policy, legal compliance,
training, resources, and data issues and to provide suggestions on revisions
incorporating AB 537 requirements, issues, and concerns into curricular
standards.
6
Request the Legislature to appropriate additional resources for civil rights
compliance and training related to AB 537 and for a full-time staff position
to assist school districts with AB 537 compliance requirements.
Rationale
Currently, no state-funded project identifies
model programs that prevent discrimination and
violence based on actual or perceived sexual orienta-
tion and gender identity, nor does funding exist to
replicate these models.
The California Department of Education should
contract with a higher education institution to seek
Rationale
State content standards and curriculum frame-
works provide guidelines to give structure and
direction to classroom teachers. As content standards
and curriculum frameworks are periodically re-
viewed, they are updated to address changing
cultural beliefs and perceptions regarding people of
color, disenfranchised groups, women, and other
groups.
Guidelines should include references to lesbian,
gay, bisexual, and transgender figures and related
events, concepts, and issues, when appropriate.
Inclusion of these references will provide a context
for lesbian, gay, bisexual, and transgender people to
be perceived in a broad, positive cultural and histori-
cal perspective, rather than as an isolated group
subject to derision and scorn. State-adopted materi-
als should acknowledge lesbian, gay, bisexual, and
transgender historical figures and related events and
issues, when appropriate. Inclusion of these refer-
ences provides a broader context that will help
educators implement laws regarding discrimination
and harassment.
Strategies
Include the review and addition of lesbian, gay,
bisexual, and transgender historical figures and
related events and concepts, when appropriate, as
a part of existing review processes for content
standards and curriculum frameworks.
Charge the permanent AB 537 advisory committee
with providing reviewers suggestions on revisions
to the content standards as individual subjects are
reviewed and updated.
Encourage school libraries to include age-appro-
priate and culturally sensitive resources about
lesbian, gay, bisexual, and transgender historical
figures and related events and concepts.
Ensure that the State Board of Education revise
state curriculum frameworks and guidelines and
moral and civic education curricula to foster an
appreciation of Californias diversity and dis-
courage discriminatory attitudes and practices.
(AB 1785 [Villaraigosa], Chapter 955, Statutes
of 2000)
6
program models, applicable to California communi-
ties, that reduce violence and harassment and that
educate students at risk of discrimination about how
to be safe and to exercise their rights to an equal
educational opportunity. Programs in schools and
communities nationwide should be reviewed to
identify those with successful or promising results.
The Department should specifically ensure that the
Acknowledge lesbian, gay, bisexual, and transgender historical figures and
related events, concepts, and issues in the revisions of content standards and
curriculum frameworks, when appropriate. Identify and expand the available
lesbian, gay, bisexual, and transgender resources for school library materials.
8
9
Propose legislative or budget language to fund research of promising programs
preventing discrimination, harassment, and violence based on actual or perceived
sexual orientation and gender identity and to fund replication of effective models.
model programs to be replicated address issues
related to sexual orientation and gender identity.
The study should identify effective programs,
materials, and technical assistance required to
replicate these models. Further, the research results
should include proposed guidelines to be followed in
local program design.
This initiative requires state staff and funding for
implementation.
7
Strategies
Propose legislative or budget language to fund a
research study of promising programs preventing
discrimination, harassment, and violence based on
actual or perceived sexual orientation and gender
identity.
Contract for a research study to identify effective
programs.
Provide technical assistance and funding to
schools to replicate model programs.
Rationale
Anecdotal reports of harassment, threats, and
violence against lesbian, gay, bisexual, and
transgender youths are numerous. The problem has
been confirmed by several studies, but there is no
broad-based, ongoing data collection system to
measure the magnitude and distribution of problems
in California schools. The AB 537 Advisory Task
Force recommends a system that integrates data
collection on these issues in survey instruments
covering a broader range of discriminatory and
violent behavior.
Two existing state-level data collection systems
have the potential to meet this need:
1. The California Healthy Kids Survey is
administered by school districts and county
offices of education to over 400,000 students
in grades five, seven, nine, and eleven. Each
local educational agency determines its own
survey schedule, including an annual or a
biennial frequency. More than 600 school
districts, whose total enrollment represents
87 percent of Californias school population,
participate.
2. The California Student Survey, administered
biennially by the Attorney General, draws a
sample of 13,000 youths in grades seven,
nine, and eleven.
These two surveys (for grades seven, nine, and
eleven) contain questions regarding harassment,
threats, or violence. The wording in these questions
combines discriminatory behavior based on sexual
orientation with incidents motivated by other factors.
To measure incidents arising only from sexual
orientation and gender identity, the AB 537 Advisory
Task Force recommends that one or more separate
questions be created dealing specifically with these
issues.
Strategies
Collaborate with the Attorney Generals Office in
developing one or more survey questions to
measure the prevalence of harassment, threats, and
violence based on issues of sexual orientation and
gender identity. These items should be included in
both the California Healthy Kids Survey and the
California Student Survey.
Support more extensive use of the Healthy Kids
Survey to provide schools an effective measure of
school safety and related issues affecting lesbian,
gay, bisexual, and transgender youths.
10
Modify existing data gathering systems to provide information on the
prevalence in schools of threats, harassment, or violence against students
based on sexual orientation or gender identity.
Rationale
For the purposes of AB 537, gender is defined as
actual or perceived sex and includes a persons
gender-related identity, appearance, or behavior,
whether or not that identity, appearance, or behavior
is different from that traditionally associated with
the persons sex at birth. This new law protects
students who are discriminated against because they
are or are perceived to be transgender students.
While there are similarities between discrimina-
tion and harassment based on actual or perceived
sexual orientation and discrimination based on actual
or perceived gender, there are also differences that
must be addressed in the school setting. The words
gender identity must not simply be inserted into
recommendations regarding sexual orientation. The
advisory committee must specifically address
protecting the educational rights of transgender
youths.
Additionally, while many educators and admin-
istrators may be at least somewhat aware of issues
related to discrimination based on actual or per-
ceived sexual orientation, very few teachers and
administrators are aware of the issues related to
discrimination based on gender identity. On exami-
nation of the resources and information currently
available on issues related to transgender youths, the
need for more information and resources becomes
glaringly obvious.
Strategies
Charge the advisory committee with providing
further research and recommendations on ways in
which to protect the rights of transgender students.
Ensure that the advisory committee includes
transgender representatives.
Consult with those who have expertise related to
the needs of transgender youths to develop
recommendations.
Ensure that all the recommendations of the AB
537 Advisory Task Force are applied and tailored
to address those who are or are perceived to be
transgender.
Develop best practice recommendations for school
districts to reduce the adverse impact of gender
segregation on transgender students. In particular,
best practice guidance should address issues
related to locker rooms, restrooms, and dress
codes.
Charge the advisory committee with considering
modifications of current gender equity compliance
and technical assistance systems to address
discrimination based on an expanded definition of
gender.
8
11
Charge the permanent advisory committee with developing further
recommendations that specifically protect the rights of transgender
students in California public schools.
9
12
Recommend that the California State Board of Education
revise its policy on Hate-Motivated Violence.
Strategies
Submit the recommended revisions to the policy
on Hate-Motivated Violence to the California
State Board of Education for consideration and
adoption.
Rationale
The AB 537 Advisory Task Force recommends
that the California State Board of Educations
existing policy on Hate-Motivated Violence be
amended to incorporate the provisions of AB 537.
The following recommended revisions to the exist-
ing policy should be forwarded to the State Board
for consideration and adoption.
Proposed Policy: Hate-Motivated Violence
Hate-Motivated Behavior in Schools, a publication of the California Department of Education,
carries this definition of hate-motivated behavior: An incident of hate-motivated behavior is any act
or attempted act intended to cause emotional suffering, physical injury, or property damage through
intimidation, harassment, bigoted slurs or epithets, force or threat of force, or vandalism motivated in
part or in whole by hostility toward the victims real or perceived ethnicity, national origin, immigrant
status, religious belief, gender, sexual orientation, age, disability, political affiliation, race, or any
other physical or cultural characteristic.
Violence directed at individuals because of their age, gender, gender identity, sexual orientation,
ethnic group identification, race, ancestry, national origin, religion, color, mental or physical disabil-
ity, marital or parental status, or any other physical or cultural characteristic or belief is intolerable in
this or any other society. The public schoolswith the cooperation and assistance of parents, stu-
dents, business and community representativeshave the obligation to prevent, combat, and heal the
wounds from hate violence through curriculum and instruction, student support services, clubs and
activities, and, when necessary, direct intervention.
The State Board of Education believes that every effort should be made to eliminate hate-moti-
vated violence. While every responsible citizen must play a part in eradicating this violence, the
Board believes that a major step in this effort can be made through the leadership of our public
schools. Therefore, the State Board of Education mandates each school district governing board
develop policies relating to the prevention and elimination of hate-motivated violence. These policies
establish the right of all students, staff, and parents to be free from hate crimes and will affirm that
each school within the district will be responsible for creating an environment that prevents hate-
motivated violence.
In keeping with local board policies, district leadership shall develop guidelines, regulations, and
in-service programs designed to assist staff in dealing with hate-motivated behavior and crime. These
guidelines will help staff, students, and parents customize their own action plans for their campuses
well ahead of any incidents.
All schools shall work to foster positive behaviors and attitudes about diversity among all stu-
dents and staff members through curriculum and instructional strategies. One way of doing so at the
10
curricular level is to ensure the alignment of those strategies with the state frameworks, particularly in
the areas of health education, historysocial science, and Englishlanguage arts.
The State Board affirms the value of diversity in our society, and its belief is clearly stated in its
adopted curriculum frameworks and reform documents. For example, one of the four unifying ideas
of the 1994 Health Framework for California Public Schools, Kindergarten Through Grade Twelve is
respect for and promotion of the health of others. The document recognizes violence as a public
health issue and urges that the curricula at all grade levels include a comprehensive approach to
preventing violence. It states emphatically:
Nonviolent conflict-resolution skills, anger management, and good communication skills can all
help to prevent violence.
The 1997 History-Social Science Framework for California Public Schools, Kindergarten
Through Grade Twelve declares:
We want our students to learn about the cultures, societies, and economic systems that prevail in
other parts of the world and to recognize the political and cultural barriers that divide people as
well as the common human qualities that unite them.
Here They Come: Ready or Not! (the 1988 report of the School Readiness Task Force) stresses
the importance of meeting the special needs of our culturally and linguistically diverse students, as
well as the needs of exceptional children, to prepare them for successful participation in school and
society. Elementary Makes the Grade! (the 2000 report of the Elementary Grades Task Force) dis-
cusses the importance of establishing positive character traits in elementary school students and
modeling ethical behavior as adults. Schools need systematically to reinforce traits such as caring,
citizenship, fairness, and responsibility.
Taking Center Stage (the 2001 report of the Superintendents Middle Grades Task Force) explores
strategies for use by middle schools to create a positive environment. An example of a strategy for
students is the following: I need to live life free of prejudices and stereotypes directed at me or
others because of race, language, sexual preference, or other types of differences which humans
experience. I know it is not a perfect world and that the kind of life I am talking about begins with
me. Second to None (the 1992 report of the California High School Task Force) stresses the creation
of a comprehensive student support system and innovative ways to involve students in activities that
will lead to positive social and educational development.
The 1997 publication Hate-Motivated Behavior in Schools provides a great deal of information
and advice pertinent to the prevention of and response to hate-motivated violence. Key passages state:
California schools have a constitutional and moral obligation to protect children on campus and
to maintain a safe, secure learning environment. Addressing hate-motivated behavior is an
important part of this obligation. . . .
It is our intent to provide an environment that further allows persons to realize their full indi-
vidual potential through an understanding and appreciation of the societys diversity of race,
ethnicity, religion, and sexual orientation. To accomplish this objective, the district will be
accountable through a visible commitment to human rights.
11
District leadership shall provide the necessary resources to allow teachers to use these documents
to develop and implement lessons which promote citizenship and respect in a democratic society and
which can help students understand the causes of prejudice, racism, homophobia, heterosexism,
discrimination, and stereotyping and their negative influences in our society. These lessons shall also
develop within students an appreciation of diversity and an understanding of the contributions of all
members of our society. They should promote positive interaction among students of every age,
gender, gender identity, sexual orientation, ethnic group identification, race, ancestry, national origin,
religion, color, mental or physical ability, and marital or parental status.
Schools shall extend their efforts to embrace active development of cocurricular and extracurricu-
lar activities that promote pro-social attitudes and behaviors, such as clubs that encourage understand-
ing and cooperation. In addition, administration, counseling, and other student support service person-
nel at all schools shall not only focus their efforts on precluding outbreaks of hate violence, but also
provide specific assistance to all school employees and volunteers toward that end.
Finally, all schools are at risk of hate violence. The proactive intervention of school officials
particularly where local, state, national, or international events are likely to cause outbreaks of hate
violenceis needed. This can be done through such measures as assemblies, peer exchange, commu-
nity meetings, specific in-service training, and other such activities. Schools facing circumstances that
imminently could result in hate violence should immediately make use of specific resources to help
address those circumstances proactively and avert hate-related crises. Many such resources are
available from federal, state, and local agencies.
13
tion (1). Until recently, knowledge of lesbian, gay,
and bisexual (LGB) youths was based on small
community samples of youths identified as LGB
who volunteered to participate in research studies.
The samples were limited because they were not
drawn from a larger youth population; therefore,
their results could not be generalized to the larger
population. Several recent studies have significantly
improved our knowledge of LGBT youths through
the use of improved sampling techniques.
LGBT Youths: Youths at Risk
Research indicates that LGBT adolescents are at
higher risk of some of the most compromising
challenges that adolescents face today than are their
heterosexual peers. Substance use and abuse rates
well above national averages have been reported in
several studies of gay male adolescents (7, 14, 20,
21); further, the use and abuse of substances is
linked to their lives at school. A study based on the
1995 Vermont Youth Risk Behavior Survey (YRBS)
showed that male youths who engage in same-sex
sexual behaviors are more likely than are other
sexually active males to smoke cigarettes, use
tobacco, drink alcohol, and use marijuana at school
(4, 5, 22). In addition, LGBT adolescents are more
likely to experience anxiety, low self-esteem, and
depression (2, 3) and to contemplate or attempt
suicide (3, 6, 7, 8, 9).
Why are LGBT adolescents at risk? A funda-
mental developmental task during adolescence is
dealing with emerging sexuality (10). The usual
difficulties associated with this developmental
process are likely to be exacerbated for LGBT
youths: they must simultaneously negotiate the
challenges of adolescence and the cultural stigma of
homosexuality (11). As is the case for all at-risk
youths, the important sources of support in their
livesfamily, friends, church, and schoolare
critical to their healthy development.
S
TUDIES OF LESBIAN, GAY, BISEXUAL,
and transgender (LGBT) youths show them
to be at risk of some of the greatest difficulties
experienced by adolescents. Several of those prob-
lems pertain directly to education and schooling, such
as poor academic performance, negative school
attitudes, or victimization at school. In addition,
recent research has begun to link the negative mental
health and risk behaviors of LGBT youths to chal-
lenges that they face in school, including harassment
and discrimination. These challenges impede not only
the students academic performance but also the
students general emotional and social development.
Research demonstrates that teachers play an important
role in creating supportive school environments for
LGBT youths; therefore, comprehensive education on
sexual orientation and gender identity is essential for
educators and school personnel. Because there is little
research on effective harassment-prevention and
intervention strategies related to issues of sexual
orientation and gender identity, further research is
critically needed to provide schools with the tools
necessary to create supportive educational environ-
ments for all students.
Understanding the Research
on LGBT Youths
It is important to understand the limitations of
past research to make sense of what is known about
LGBT youths in schools. Past studies have focused on
the following groups:
Youths who identify themselves as lesbian, gay, or
bisexual
Youths who report sexual activity with the same sex
Youths who report attractions to or relationships
with the same sex
There has been virtually no past research on the
risks faced by transgender youths, largely because of
the difficulties in defining and identifying this popula-
Appendix A
Statistics
Suicide
One of the most widely known risks for LGBT
youths is suicide. Studies of LGB youths consis-
tently indicate that they are at higher risk of thinking
about and attempting suicide than are their hetero-
sexual peers (7, 9, 12, 13, 16, 18, 19; for comparison
statistics to U.S. adolescents, see 14, 15). Recent
population-based studies have affirmed these
reports.
Substance Use and Abuse
A study using the 1995 Massachusetts YRBS
shows that youths identified as LGB are more likely
than are their peers to begin to use marijuana and
alcohol at younger ages, to have higher lifetime rates
of crack/cocaine use, and to report more recent use
of tobacco (17). Finally, data from a nationally
funded study titled Add Health Study indicate
that youths reporting romantic attractions to the
same sex are more likely than are their peers to
abuse alcohol (3).
Victimization
Several recent studies have examined associa-
tions between adolescent sexual self-identity or
same-sex sexual behavior and experiences of
violence. Data from the 1995 Vermont YRBS
indicate that among young men, same-sex sexual
behavior is associated with more frequent reports of
threats of physical violence, threats or injuries with
a weapon at school, and fights that result in a need
for medical attention (22). Students in the 1995
Massachusetts YRBS who identified themselves as
LGB reported higher frequencies of having been
threatened with a weapon at school, fighting, and
injuries from fighting that required medical attention
(17). Finally, data from the Add Health Study
show that youths who report same-sex romantic
attractions are more likely than are their peers to
experience extreme forms of violence and to witness
violence (23).
LGBT Youths and the School
Environment
One of the most important contexts for child and
adolescent development is the school. Next to the
family (and faith for some youths), education plays a
critical role in the lives of children and adolescents.
The school environment is important not only in the
development of academic and occupational skills but
also in the development of the personal and social
skills that shape the first 20 years of life.
Peers may be the first people to whom LGBT
youths come out, and peers may also be the people
from whom they receive the most harassment or
victimization. In many high schools verbal abuse,
graffiti, and other antigay activities permeate every-
day relations among students (24). A recent study
reported that the increased prevalence of suicide
among sexual minority youths was associated with
the loss of friends because of the disclosure of
sexual orientation (25). A survey of high school
students conducted by the Massachusetts Governors
Commission on Gay and Lesbian Youth revealed
that 97.5 percent of 398 respondents reported
hearing homophobic remarks at school; 49 percent
of the students reported hearing such comments
frequently (26).
Much research on LGBT youths within school
environments has been written by and for school
counselors to create supportive school environments
(27, 28, 29). A study of school-based homophobia
points to lower self-esteem and a higher likelihood
of self-destructive behavior in LGBT youths (30); a
recent study documents that gay and lesbian students
come to school counselors for assistance with
depression, poor self-esteem, social isolation, and an
elevated risk of suicide (31).
What can make a difference in school environ-
ments? Sexual minority youths with positive feel-
ings about their teachers are significantly less likely
than are their peers to experience school troubles
(32). Therefore, teachers can play an important role
in creating supportive school environments in which
all youths can grow and learn. Training and support
are needed to provide teachers and other school
personnel with the knowledge and skills to support
LGBT youths in school settings.
Prepared by Stephen Russell, University of California,
Davis, Department of Human and Community
Development
14
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16
17
include hate-motivated incidents and hate crimes as
part of the California Safe Schools Assessment. The
revised reporting system will be implemented July
2001. In addition, the State Board of Education is
required to revise state curriculum frameworks and
guidelines and moral and civic education curricula to
include human relations education, fostering an
appreciation of Californias diversity and discourag-
ing discriminatory attitudes and practices. The
Legislature intends that public schools combat bias
on the basis of race, color, religion, ancestry, na-
tional origin, disability, gender, or sexual orientation
and . . . prevent and respond to acts of hate violence
and bias-related incidents. The new law also adds
course work in human relations to the credential
requirement for teachers of English language
learners.
Senate Bill 187 (Hughes), Chapter 736,
Statutes of 1997: Comprehensive School
Safety Plans
In 1997 the Legislature passed and the Governor
signed into law a landmark bill on school safety
which requires every school site to have a compre-
hensive school safety plan. Senate Bill 187 requires
schools to identify appropriate safety strategies and
programs that are relevant to the needs and resources
of the school. The law requires schools to include
specific representatives (school site council, princi-
pal, teacher, parent, classified employee, other
members, or law enforcement) in the planning
process, adopt policies and procedures in the event
of an emergency or a disaster, and solicit community
opinion and update the plan annually.
Assembly Bill 537 (Kuehl), Chapter 587,
Statutes of 1999: California Student
Safety and Violence Prevention Act of
2000
In January 2000 Assembly Bill 537 became law
in California. Assembly Bill 537 amended California
Education Code Section 220 to state that No person
shall be subjected to discrimination on the basis of
sex, ethnic group identification, race, national origin,
religion, color, mental or physical disability, or any
basis that is contained in the prohibition of hate
crimes set forth in subdivision (a) of Section 422.6 of
the Penal Code [emphasis added]. Penal Code
Section 422.6 (a) includes the protection of persons
because of their race, color, religion, ancestry,
national origin, disability, gender, or sexual orienta-
tion, or the perception of one or more of those
characteristics in the exercise of rights and privileges
secured under state and federal laws. Gender is
defined to include perception of a persons sex and
perception of a persons identity, appearance, or
behavior, whether or not that identity, appearance, or
behavior is different from that traditionally associ-
ated with a persons sex at birth.
Assembly Bill 1785 (Villaraigosa),
Chapter 955, Statutes of 2000: Hate
Violence
This bill states the intent of the Legislature that
public schools have access to supplemental re-
sources to combat bias based on membership in
specified groups or classifications and to prevent and
respond to acts of hate violence and bias-related
incidents. This bill also amended the Penal Code to
Appendix B
Current Laws
00-028 102-1019-410 7-01 11M