California’s Safe Place to Learn Act

California has a number of formal acts in statute. Education Code Title 1, Division 1, Part 1, Chapter 2, Article 5.5 provides the Safe Place to Learn Act, which is contained in Section 234 to 234.5. Article 5.5 was added in 2007 by Chapter 566. Section 234 names the Act and provides that 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.

Section 234.1 requires the Department of Education (DOE) to monitor adherence to the requirements of California 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 is required to assess whether local educational agencies have done all of the items specified in this statute.

Section 234.2 requires the DOE to 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 law. In addition, the DOE must 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.

Section 234.3 requires the department to develop a model handout describing the rights and obligations and the policies addressing bias-related discrimination, harassment, intimidation, and bullying in schools. This model handout must be posted on appropriate department Internet Web sites.

Section 234.4 requires a local educational agency to adopt procedures for preventing acts of bullying, including cyberbullying. The term “local educational agency” is defined.

Section 234.5 requires the Superintendent of Public Instruction to post, and annually update, on the department’s Internet Web site 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.