BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 9
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          Date of Hearing:   May 4, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 9 (Ammiano) - As Amended:  April 26, 2011 

          Policy Committee:                              Education 
          Vote:7-3

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires school districts to include specific 
          information in its policies/procedures regarding discrimination, 
          harassment, intimidation, and bullying.  It also establishes 
          complaint procedures and alternative discipline policies for 
          pupils involved in this behavior.  Specifically, this bill: 

          1)Requires each school district, on or before July 1, 2012, to 
            ensure that its policy prohibiting discrimination, harassment, 
            intimidation, and bullying includes specified components 
            related to detailed statements of current law; descriptions of 
            district procedures regarding complaints; names of two or more 
            administrative personnel in each school designated to address 
            these issues; a detailed statement of the district's policy 
            regarding these matters; an actual copy of a written complaint 
            form; and a link to the Superintendent of Public Instruction's 
            (SPI) list of statewide resources regarding these issues.  

          2)Requires a school district's policy to be posted and 
            publicized, on or before July 1, 2012, in parent/student 
            handbooks, on the district's Internet website (including all 
            individual school websites); and in all school and 
            administrative offices, as specified.  This measure further 
            includes language of a statement school districts may use to 
            satisfy this requirement and requires the statement to be 
            posted in all teacher/staff rooms, classrooms, locker rooms, 
            bathrooms, and cafeterias in each school.  

           FISCAL EFFECT  

          1)GF/98 state reimbursable mandated costs, of at least $2 
            million, to school districts to modify existing policies, post 
            information, and investigate complaints within the specified 






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            timelines.  In 2009-10, there were 1,021 school districts with 
            9,888 schools under their jurisdiction in the state.  

          2)GF administrative costs to the State Department of Education 
            (SDE), likely between $100,000 and $200,000, to modify the CPM 
            process, provide information to school districts, and post 
            information on its Internet website.  

          3)GF/98 cost pressure, likely in excess of $150,000, to school 
            districts to collect data, as specified.  

          4)GF/98 cost pressure, likely between $200,000 and $400,000, to 
            school districts to provide training to school board members 
            and schoolsite staff, as specified.  




           SUMMARY CONTINUED
           
          3)Requires each school district to include all complaints of 
            discrimination, harassment, intimidation, and bullying as part 
            of the SDE uniform complaint process with specified 
            modifications related to these issues, including, requirements 
            for personnel; specific timelines for complaint resolution; 
            and a detailed written complaint form, as specified.  

          4)Requires school districts, in the course of existing 
            orientation for school board members and pupils to provide 
            information on the district's discrimination, harassment, 
            intimidation, and bullying policy.  This bill also encourages 
            school districts to offer grade-level appropriate professional 
            development training for school personnel on these issues, as 
            specified.  

          5)Requires the SPI, at the beginning of each school year, to 
            post on his or her Internet website a list of statewide 
            resources that provide support to youth who have been 
            subjected to school-based discrimination, harassment, 
            intimidation or bullying and provide this information to each 
            school district, as specified.   

          6)Encourages all local education agencies (LEAs) to collect data 
            related to pupil experiences with discrimination, harassment, 
            intimidation, and bullying each year.  This measure also 
            requires SDE to include questions in existing pupil surveys, 
            as specified.  






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          7)Prohibits a pupil who is the target of an act of 
            discrimination, harassment, intimidation, or bullying under 
            existing law from being disciplined for defending himself or 
            herself against acts referenced above, unless the district 
            superintendent or principal deems it appropriate, as 
            specified.  This bill amends existing pupil suspension statute 
            to establish an alternative form of discipline (at the 
            superintendent or principal's discretion) that involves 
            meeting with parents, counseling, anger management, and 
            community service, as specified.  

           COMMENTS  

           1)Purpose  .  According to the United States Department of Justice 
            (USDOJ), 1.6 million children in grades 6-10 in the United 
            States are bullied at least once a week and 1.7 million 
            children bully others as frequently.  The USDOJ further states 
            "bullying has long-term and short term psychological effects 
            on both those who bully and those who are bullied. Victims 
            experienced loneliness and reported having trouble making 
            social and emotional adjustments, difficulty making friends, 
            and poor relationships with classmates. Victims of bullying 
            often suffer humiliation, insecurity, and a loss of 
            self-esteem, and they may develop a fear of going to school."  


            Equality California, sponsor of this bill, detail the story of 
            Seth Walsh, a 13-year-old boy in Tehachapi, California who 
            committed suicide in September 2010 after experiencing 
            persistent and long-term bullying due to his sexual 
            orientation and gender expression.  Specifically, Equality 
            California states: "Seth's mother and close friends report 
            that teachers and school administrators were aware that Seth 
            was being harassed and, in some instances, participated in the 
            harassment. Yet Seth's mother's pleas to the school for help 
            were brushed aside."

            According to the author, "California has taken some steps to 
            address Ýdiscrimination, harassment, intimidation, or 
            bullying,] but we must do more to remedy the glaring gaps in 
            existing law. AB 9 draws upon tested approaches and best 
            practices to ensure that schools have adequate policies and 
            procedures in place to prevent discrimination and harassment 
            and to respond to incidents quickly."

           2)Existing law  .  AB 537 (Kuehl), Chapter 587, Statutes of 2000, 






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            established the Student Safety and Violence Prevention Act, 
            which prohibits harassment and other forms of discrimination, 
            including on the basis of actual and perceived sexual 
            orientation and gender, in educational instructional services 
            and programs.  In Spring 2000, Superintendent Delaine Eastin 
            established a task force to identify ways to implement Chapter 
            587. One of the recommendations from the task force was to 
            "ensure that all school personnel are informed of the 
            provisions of AB 537 and that all district and site personnel 
            are trained in the law's requirements." 
           
            AB 394 (Levine), Chapter 566, Statutes of 2007, established 
            the Safe Place to Learn Act (SPLA) and required SDE to monitor 
            LEAs adherence to antidiscrimination and antiharassment 
            policies.  Specifically, statute requires SDE, as part of its 
            Categorical Program Monitoring (CPM) process, to assess 
            whether LEAs have done all of the following: 

             a)   Adopted a policy that prohibits discrimination and 
               harassment based, as specified, under current law, 
               including, but not limited to, actual or perceived gender 
               identity and sexual orientation. 
             b)   Adopted a process for receiving and investigating 
               complaints of discrimination based on current law, as 
               specified above.  
             c)   Publicized antidiscrimination and antiharassment 
               policies, including the manner in which to file a 
               complaint, to pupils, parents, employees, agents of the 
               governing board, and the general public. 
             d)   Posted antidiscrimination and antiharassment policies in 
               the schools and offices, including staff lounges and pupil 
               meeting rooms. 
             e)   Maintained documentation of complaints and their 
               resolution for a minimum of one review cycle. 
             f)   Ensured that complainants are protected from retaliation 
               and the identity of a complainant alleging discrimination 
               or harassment remains confidential, as appropriate. 
             g)   Identified a responsible LEA officer for ensuring 
               district or office compliance with the requirement of the 
               uniform complaint process. 

            The SPLA also required SDE to display information on curricula 
            and other resources that specifically address bias-related 
            discrimination and harassment, as specified under current law 
            (including, but not limited to, actual or perceived gender 
            identity and sexual orientation), on the California Healthy 
            Kids Resource Center Internet Web site.  






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            Likewise, SDE is required to develop a model handout 
            describing the rights and obligations of existing law as it 
            relates to discrimination and the policies addressing 
            bias-related discrimination and harassment in schools.  This 
            handout is required to be posted on SDE's Internet website.

            The SPLA does not require LEAs to meet requirements related to 
            bullying or intimidation and as such, SDE is not required to 
            ensure compliance with these issues.    

           3)Scope of the bill  .  This bill is detailed in requirements 
            school districts must meet regarding policies, complaints, and 
            dissemination of information regarding discrimination, 
            harassment, intimidation, and bullying.  Existing law requires 
            LEAs to meet requirements related to the development of policy 
            and administration of complaints related to antidiscrimination 
            and antiharassment.  Likewise, existing statute requires SDE 
            to monitor LEA compliance with these requirements via the CPM. 
             According to SDE, compliance with antidiscrimination and 
            antiharassment are monitored using two instruments, including 
            one specific to the uniform complaint process.  

            According to SDE, LEAs are divided into four cycles and each 
            LEA's risk factors related to academic and fiscal performance 
            are determined.  Based on this process, SDE determines the 
            LEAs that will be monitored under the CPM.  According to SDE, 
            beginning in the 2010-11 fiscal year, 120 LEAs, including 
            direct-funded charter schools, will be monitored under the 
            CPM.  SDE will conduct site visits at 60 of these LEAs and 
            monitor the remaining 60 via an online tool.  

            This bill places specific requirements on school districts in 
            terms of policy wording, procedures, and enforcement.  The 
            author may wish to consider whether detailed new statute is 
            needed to address issues related to discrimination, 
            harassment, intimidation, and bullying or whether 
            strengthening existing law and addressing compliance 
            monitoring is more appropriate.   


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081 










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