Safe Place To Learn Act - Educational Equity - CA Education

Section § 234

This law, known as the Safe Place to Learn Act, states that California is committed to reducing discrimination, harassment, violence, intimidation, and bullying in schools. The goal is to make schools safer for students and strengthen the relationships between students, supportive adults, schools, and communities.

(a) This article shall be known, and may be cited, as the Safe Place to Learn Act.

(b) It is the policy of the State of California to ensure that all local educational agencies continue to work to reduce discrimination, harassment, violence, intimidation, and bullying. It is further the policy of the state to improve pupil safety at schools and the connections between pupils and supportive adults, schools, and communities.

Safe Place to Learn Act discrimination reduction harassment prevention violence prevention bullying reduction pupil safety student-teacher connections school safety policies intimidation prevention local educational agencies supportive adults community connections improving school environment California school policy student well-being

(Amended by Stats. 2011, Ch. 723, Sec. 1. (AB 9) Effective January 1, 2012. Operative July 1, 2012, by Sec. 8 of Ch. 723.)

Section § 234.1

This law requires schools to have strict policies against discrimination, harassment, intimidation, and bullying based on various characteristics like race, gender, and disability. Schools must have processes for receiving and investigating complaints about such behavior and provide ways to appeal decisions. Anti-bullying policies need to be well-publicized, translated if necessary, and visible in common areas. Schools must offer support resources for LGBTQ and other marginalized students. Complaints must be documented, and complainants protected from retaliation. Each school should have a designated officer to ensure compliance. Importantly, schools aren't required to identify religious organizations as community resources.

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, or related to the support of pupils who may face bias or bullying on the basis of 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.

(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) Prominently and conspicuously displayed the policy established pursuant to subdivision (a) in areas that are accessible to, and commonly frequented by, schoolsite employees, pupils, and members of the public at each schoolsite and local educational agency office, including, but not limited to, in school office lobbies, staff lounges, pupil government meeting rooms, and on the local educational agency’s internet website.

(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.

discrimination policy harassment policy intimidation policy bullying policy complaint process LGBTQ support antibullying resources disability discrimination gender identity racial ethnicity safe spaces community support retaliation protection confidentiality compliance officer

(Amended by Stats. 2024, Ch. 38, Sec. 1. (SB 153) Effective June 29, 2024.)

Section § 234.2

This law requires the education department to regularly update and share resources online concerning bullying, especially cyberbullying, discrimination, and harassment. It also instructs the department to annually notify school districts about the availability of these resources, and allows for the use of email as a method of communication. Additionally, schools are encouraged to educate students about the negative impacts of cyberbullying and where to find resources to help mitigate it.

(a) The department shall display current information, and periodically update information, on curricula and other resources that specifically address bias-related discrimination, harassment, intimidation, cyber sexual bullying, as defined in Section 48900, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 on the California Healthy Kids Resource Center Internet Web site and other appropriate department Internet Web sites where information about discrimination, harassment, intimidation, cyber sexual bullying, and bullying is posted.

(b) The department shall annually inform school districts of the information on the California Healthy Kids Resource Center Internet Web site and other appropriate department Internet Web sites where information about cyber sexual bullying is posted pursuant to subdivision (a). The department may use electronic mail to inform school districts of this information.

(c) School districts are encouraged to inform pupils regarding the available information and resources on the department’s Internet Web sites regarding the dangers and consequences of cyber sexual bullying to help reduce the instances of cyber sexual bullying.

cyberbullying discrimination resources bias-related harassment cyber sexual bullying school districts student awareness online resources Healthy Kids Resource Center bullying consequences discrimination harassment intimidation information updates email notifications student education on cyberbullying

(Amended by Stats. 2016, Ch. 419, Sec. 1. (AB 2536) Effective January 1, 2017.)

Section § 234.3

This law requires the education department to create a model handout that explains the rights and responsibilities related to preventing discrimination, harassment, and bullying in schools. This handout must also include policies on addressing these issues and be made available online.

The department shall develop a model handout describing the rights and obligations set forth in Sections 200, 201, and 220 and the policies addressing bias-related discrimination, harassment, intimidation, and bullying in schools. This model handout shall be posted on appropriate department Internet Web sites.

model handout rights and obligations bias-related discrimination harassment intimidation bullying schools department Internet websites school policies educational materials student safety anti-bullying resources online availability education department information dissemination

(Amended by Stats. 2011, Ch. 723, Sec. 4. (AB 9) Effective January 1, 2012. Operative July 1, 2012, by Sec. 8 of Ch. 723.)

Section § 234.4

This law requires school districts, county education offices, and charter schools to set up procedures to stop bullying, including online bullying, by the end of 2019.

(a) A local educational agency shall adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying.

(b) For purposes of this section, a “local educational agency” means a school district, a county office of education, or a charter school.

local educational agency bullying prevention cyberbullying school district county office of education charter school anti-bullying procedures December 31 2019 online harassment educational policy student safety bullying procedures education compliance school policy student protection

(Added by Stats. 2018, Ch. 491, Sec. 1. (AB 2291) Effective January 1, 2019.)

Section § 234.5

This law requires the California Superintendent to maintain a list of statewide resources that help young people and their families dealing with discrimination, harassment, bullying, or intimidation at schools, including those issues related to neurodiversity, religion, nationality, race, or ethnicity. The list must be updated annually and be available on the department's website. It also includes resources specifically developed by the University of California and California State University for neurodiversity support. Additionally, there must be a list of resources for youth affected by gangs, gun violence, and violence-related trauma.

(a)

(1) The Superintendent shall post, and annually update, on the department’s internet website and notify local educational agencies of the availability of 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 neurodiversity, religious affiliation, nationality, race, or ethnicity, or perceived neurodiversity, religious affiliation, nationality, race, or ethnicity.

(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 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.

school discrimination resources neurodiversity support religious affiliation bullying nationality-based harassment racial bullying resources University of California neurodiversity California State University resources youth gang violence support psychological trauma resources intimidation at school community-based organizations statewide resources for bullying school-related intimidation bullying based on ethnicity violence trauma support

(Amended by Stats. 2024, Ch. 907, Sec. 1. (SB 939) Effective January 1, 2025.)