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Study: Public Schools Haven't Fully Implemented California Laws Protecting LGBTQ Students

School districts are inconsistently implementing new laws intended to prevent bullying and cultivate inclusive learning environments for LGBTQ students in the state’s public schools.
Ricardo Cano
Students go to class at SF International High School in San Francisco on March 9, 2017.  (Deborah Svoboda for KQED)

In the past decade, California has adopted more than a half-dozen laws intended to prevent bullying, strengthen suicide prevention and cultivate inclusive learning environments for LGBTQ students in the state’s public schools.

But the state’s school districts are implementing these new laws inconsistently, according to a new sweeping report-card style analysis from the Equality California Institute.

As an emotional, hours-long hearing last week on statewide sex education guidance underscored last week at the state Board of Education, California has been slow in general to fully embrace new laws aimed at deterring discrimination against lesbian, gay, bisexual and transgender students, along with those questioning their sexual identities.

Public middle and high schools were required to follow the sex ed laws in the California Healthy Youth Act beginning in 2016, but the state Board of Education just last week approved a new framework for teaching sex education.

The state board came up with the framework — teaching recommendations by the state that educators are not required to follow — after two years of public deliberation.

Equality California’s analysis, published Monday, used a 90-question survey covering school climate, curriculum, teacher training, suicide prevention and transgender students to rate school districts’ LGBTQ policies on a three-tier, color-coded scale.

Of the 130 K-12 school districts that participated in the years-long survey effort, 22 school districts were given “top tier” ratings, 80 were considered “middle tier,” and 28 districts were labeled “priority districts,” the lowest rating.

Advocates and legislators have heightened their focus on policies that are more inclusive of LGBTQ students as research generally shows that these students are more likely to dropout and experience bullying and attempted suicides at rates higher than the rest of their peers.

“We have worked tirelessly over the last two decades to enact laws and policies that create safer, more supportive learning environments for our LGBTQ students,” said Rick Zbur, executive director of Equality California, a nonprofit LGBTQ advocacy group. “But our work cannot — and does not stop in the Capitol. For these laws to be effective, they must be implemented.”

Among the survey’s other highlights:

  • All of the 130 school districts that responded to Equality California’s survey said they had anti-bullying policies in place, and most explicitly prohibit bullying based on sexual orientation, gender identity or gender expression.
  • 118 school districts said they require students take sexual health and HIV prevention classes, and three-fourths of those districts said their curriculum “incorporates discussions of relationships other than cisgender heterosexual relationships.”
  • 113 school districts said all of their schools allow kids to use restrooms and locker rooms that correspond with their gender identity.
  • The report identified 45 school districts that don’t give employees training “that even generally covers diversity, anti-bias, cultural competency and/or equity and inclusion.”
  • A majority of school districts in the survey do not appear to be including LGBTQ-inclusive textbooks in their social studies curriculum, which goes against a 2011 law mandating that schools include “the role and contributions of lesbian, gay, bisexual, and transgender Americans” in their history teachings.

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    Many of the local school systems identified as “priority” districts are located in rural or conservative-leaning areas that have pushed back against the new requirements, specifically 2015’s California Healthy Youth Act that requires middle and high schools to teach “medically accurate” comprehensive sexual health education.

    “We recognize that even the most well-intentioned school districts may feel impeded by a lack of resources, limited staff capacity, difficult local social climates and other barriers, all of which can slow the journey toward a safe and supportive school climate,” Zbur said.

    While Equality California’s analysis includes report cards for 130 school districts, 213 K-12 school districts didn’t respond to the survey, a participation rate that Zbur called “deeply disappointing.”

    CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics

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