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  




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          service announcements and printed educational materials and  
          conduct outreach activities.
















































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           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.  
           




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           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  




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                    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




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           OPPOSITION

           Department of Finance