BILL ANALYSIS SENATE COMMITTEE ON EDUCATION Jack Scott, Chair 2007-2008 Regular Session BILL NO: AB 88 AUTHOR: Lieu AMENDED: May 21, 2007 FISCAL COMM: Yes HEARING DATE: June 20, 2007 URGENCY: No CONSULTANT: Lynn Lorber SUBJECT : Internet Safety SUMMARY This bill requires the California Department of Education to develop, by January 1, 2009, and maintain a comprehensive list of Internet safety resources for use by schools. BACKGROUND Current law requires: 1) A school district to have a current 3- to 5-year education technology plan as a precondition to receiving a technology grant administered by the California Department of Education (CDE). 2) The Superintendent of Public Instruction to develop, by July 1, 2007, guidelines and criteria for districts to use to develop an education technology plan. The guidelines and criteria must include a component on Internet safety and topics such as plagiarism and the significance of a copyright. The Department of Consumer Affairs has convened the California Coalition for Children's Internet Safety (Coalition) to develop policies and pursue efforts to ensure safety for children using the Internet. The Department of Consumer Affairs has created the Cyber Safety for Children website that will soon include the California Cyber Safety Resource Center to provide an annotated list and links to Internet safety resources for parents and schools. The Department of Consumer Affairs will reportedly work with the Coalition to develop public AB 88 Page 2 service announcements and printed educational materials and conduct outreach activities. AB 88 Page 3 ANALYSIS This bill requires: 1) The California Department of Education (CDE) to develop, by January 1, 2009, and maintain a comprehensive list of Internet safety resources for use by local educational agencies. 2) The list of Internet safety resources to include, but are not limited to: a) Safe and responsible navigation and communication. b) Keeping personal information and photographs private. c) Recognizing and reporting solicitations by sexual predators online. d) Recognizing and avoiding unsolicited communications. e) Spyware countermeasures. f) Copyrights, plagiarism, and illegal file sharing. 3) The CDE to distribute, and make available on its Internet website, the list of Internet safety resources to local educational agencies. 4) The CDE to consult with regional and national experts and advocates on emerging Internet safety concerns and educational solutions. STAFF COMMENTS 1) Is this bill necessary ? Nothing prohibits the Department of Education from compiling a list of Internet safety resources and schools may currently gather information about Internet safety resources. A similar approach with regard to Internet safety curriculum guidelines was vetoed last year. AB 88 Page 4 2) Duplicative of current efforts ? According to the Department of Consumer Affairs' plans for the creation of the California Cyber Safety Resource Center, the list of and links to Internet safety resources will have separate categories for educators and schools, parents and families, and law enforcement. Considering that this Resource Center is expected to be online within one month and will have a category of resources specifically for schools, and if this Committee chooses to pass this bill, staff recommends amendments to delete the requirement that the CDE develop a list of resources and instead require the CDE to work with the Resource Center in the development of the list and links and to ensure that schools are provided with that information. 3) Fiscal impact . According to the Assembly Appropriations Committee analysis, this bill would impose on-going General Fund costs, likely less than $125,000, to the CDE to designate personnel to develop Internet safety resources and distribute them to schools. 4) Prior legislation . AB 1740 (Murray, 2006) would have required the CDE to develop and maintain Internet safety curriculum guidelines for use by schools. AB 1740 was vetoed by the Governor, whose message read: I believe that Internet safety is important, which is why I signed AB 307 (Chavez, 2006) into law, which requires the Superintendent of Public Instruction, by July 1, 2007, to develop guidelines for information regarding the safe use of the Internet that should be included in a school districts education technology plan. Unfortunately, this bill circumvents the role of the State Board of Education (SBE) by giving the authority for the development and dissemination of curriculum to the California Department of Education without the approval of the SBE. The Department of Consumer Affairs (DCA) has already convened the California Coalition for Children's Internet Safety (CCCIS) and will host the first statewide Cyber Safety Summit in October. The Summit will address the dangers our AB 88 Page 5 children face in cyberspace and provide the necessary training and resources to keep them safe. The Summit is intended to target, among others, parents/PTA organizations, educators, community leaders, and child safety advocates. Prior to developing any state wide guidelines, we should first take the information presented at the Summit and review recommendations from the CCCIS to ensure that any approach to Internet safety is comprehensive and addresses the individual needs of local education agencies. I believe this is a proactive, direct approach to address Internet safety. SB 338 (Maldonado, 2005) would have authorized the CDE to identify existing Internet safety programs and make the information available on its web site for use in public schools. SB 338 was vetoed by the Governor, whose message read: While I believe that Internet safety is important, this bill does virtually nothing to ensure districts do more to protect students from accessing inappropriate websites. The Superintendent of Public Instruction has the authority and should already be taking all of the necessary steps to protect children in schools even without this bill. SUPPORT American Electronics Association American Federation of State, County and Municipal Employees AOL California Family Council California Organization of Police and Sheriffs California State PTA Internet Alliance Microsoft Corporation Motion Picture Association of America Symantec Corporation AB 88 Page 6 OPPOSITION Department of Finance