Commencing in the 2025-2026 School Year, California Law Mandates LGBTQ Cultural Competency Training for Certificated Employees Serving Pupils in Grades 7 to 12

08.07.2025

The “Safe and Supportive Schools Act” (“Act”) became effective on January 1, 2024.  The Act amended Education Code section 218.3 to require local educational agencies (“LEAs”) to provide training for the support of lesbian, gay, bisexual, transgender, queer and questioning (LGBTQ+) pupils to all certificated employees who serve pupils in grades 7 to 12 starting with the 2025-2026 school year. Previously, Education Code section 218.3 encouraged – but did not mandate – such training. 

California Department of Education Training Program

The Act required the California Department of Education (“CDE”) to develop an online training delivery platform and online training curriculum to support this LGBTQ+ cultural competency training requirement by July 1, 2025.  In response, CDE contracted with the Los Angeles County Office of Education (“LACOE”) to develop the Providing Relevant Inclusive Support that Matters for LGBTQ+ Students (“PRISM”) program.[1]  PRISM consists of LGBTQ+ Cultural Competency Training through a six-course online training program with the stated aim to “foster inclusive classroom environments and address unique challenges faced by LGBTQ+ and all students.”[2]

Training Requirements and Materials

Under the Act, beginning with the 2025-2026 school year and continuing for a five-year period, LEAs shall provide and require at least one hour of such training annually for all teachers and other certificated employees serving pupils in grades 7 to 12.  (Educ. Code § 218.3(c).)  The annual training requirement continues through the 2029-2030 school year and becomes inoperative on July 1, 2031.

LEAs may provide the training by using CDE’s online training curriculum and platform listed above, or by providing “in-service training” if it is substantially similar to and meets the same standards for the online training described under the Act.  The required topics that “shall” be included in such training are set forth in a list at Education Code section 218.3(b)(3).[3]  That subdivision states:

(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.

While the training must be provided annually during the five-year period the requirement is operative, the Act does not state specifically when during each school year the training must occur.[4]  However, subdivision (c)(4) of Education Code section 218.3 states that the LEA “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]  Subdivision (c)(5) also offers, “[e]mployees 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.”

Documentation Required

LEAs shall maintain records documenting the date that each employee satisfied the training requirement, along with the name of the entity that provided the training.  (Educ. Code §  218.3(c)(2).)  Education Code section 218.3(f) states that the CDE “shall monitor compliance with the training requirement…through its existing annual compliance monitoring of state and federal programs.”

Possible Requests for “Opt-Outs”

In light of the recent U.S. Supreme Court decision in Mahmoud v. Taylor, 606 U.S. ___ (2025), [6] LEAs should be prepared to receive and respond to opt-out requests for the required training from certificated employees on the grounds of sincerely held religious beliefs.  While the Mahmoud decision involves LGBTQ+ storybook curriculum taught to elementary school students, the implications of the decision are not clearly defined as applied to employees and required trainings.

If you have any questions about this Alert, please contact your AALRR attorney or the authors of this Alert.

[1] https://www.cde.ca.gov/ci/pl/prism.asp (last visited August 1, 2025)

[2] https://prismcalifornia.org/about For more information regarding CDE and LACOE’s PRISM program, see: https://prismcalifornia.org/home (last visited August 1, 2025)  As of the date of this Alert, our firm has been unable to access the PRISM training materials through its website.

[3] Education Code section 218.3(d) states that if the LEA uses an alternative to the online (PRISM) training, it shall ensure the in-service training “is substantially similar to and meets the same standards of the online training described in this section [as described in subdivision (b)(3)].”

[4] Contrast with Education Code section 44691, mandated reporter training, which requires that training be completed within the first six weeks of each school year or within the first six weeks of the individual’s employment.

[5] See also Education Code section 218.3(e), stating that an LEA may provide “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.”

[6] The Mahmoud decision held, as applied to the specific facts of the case, the school district had to provide parents with notice and the opportunity to opt their elementary-aged students out of the LGBTQ+ storybook curriculum based on a sincerely held religious belief.  Read more about the Mahmoud decision here: https://www.aalrr.com/newsroom-alerts-4143.

This AALRR publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.

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