BILL ANALYSIS Ó
AB 9
Page 1
ASSEMBLY THIRD READING
AB 9 (Ammiano)
As Amended May 27, 2011
Majority vote
EDUCATION 7-3 APPROPRIATIONS 12-5
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|Ayes:|Brownley, Ammiano, |Ayes:|Fuentes, Blumenfield, |
| |Buchanan, Bonilla, | |Bradford, Charles |
| |Carter, Eng, Williams | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Norby, Hagman, Halderman |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Amends the existing Safe Place to Learn Act to add
anti-intimidation and anti-bullying provisions. Specifically,
this bill :
1)Requires the California Department of Education (CDE), as part
of its Categorical Program Monitoring (CPM) process, to assess
whether local educational agencies have:
a) Adopted a policy that prohibits intimidation and
bullying based on the actual or perceived characteristics
set forth in current law, and disability, gender, gender
identity, gender expression, nationality, race or
ethnicity, religion, sexual orientation or association with
a person or group with one or more of these actual or
perceived characteristics, and that includes a statement
that the policy applies to all acts related to school
activity or school attendance;
b) Adopted a process for receiving and investigating
complaints of intimidation and bullying based on any of the
actual or perceived characteristics set forth in current
law;
c) Publicized adopted anti-intimidation and anti-bullying
polices, at a minimum in all parent-student handbooks
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issued in the school district, the Internet Web site of the
district and all individual school Web sites, as
applicable;
d) Posted adopted policies in all schools and offices,
including staff lounges and pupil government meeting rooms;
and,
a) Ensured that complaints are protected from retaliation
and that the identity of a complainant alleging
intimidation or bullying remains confidential.
1)Requires the complaint process in 1) b) above to include, but
not be limited to, all of the following:
a) A requirement that if school personnel witness an act of
discrimination, harassment, intimidation, or bullying, he
or she shall take immediate steps to intervene when safe to
do so;
b) A timeline to investigate and resolve complaints of
discrimination, harassment, intimidation, or bullying;
c) An appeal process afforded to the complainant should he
or she disagree with the resolution of a complaint filed;
and,
d) Translation of any forms developed as part of the
complaint process.
2)Requires CDE to display information, on specified Internet Web
sites, regarding curricula and other resources that address
bias-related intimidation and bullying based on any of the
actual or perceived characteristics in current law, and to
develop a model handout describing the rights and obligations
set forth in current law and policies addressing bias-related
intimidation and bullying in schools.
3)Requires the Superintendent of Public Instruction, at the
beginning of each school year, to post on his or her Internet
Web site and provide to each school district a list of
statewide resources that provide support to youth who have
been subjected to school-based discrimination, harassment,
intimidation, or bullying, and their families.
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4)States that this bill shall not be construed to limit pupil
rights to free speech as protected by the United States
Constitution, the California Constitution, and other
applicable laws, nor shall this act be construed to require an
exhaustion of any administrative complaint process before
civil law remedies may be pursued.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)General Fund/Proposition 98 (GF/98) state reimbursable
mandated costs, likely between $350,000 and $600,000, to
school districts to modify existing policies, as specified.
In 2009-10, there were 1021 school districts with 9,888
schools under their jurisdiction in the state.
2)GF administrative costs to the CDE, likely between $100,000
and $200,000, to modify the CPM process, provide information
to school districts, and post information on its Internet Web
site.
COMMENTS : School-based harassment, discrimination, intimidation
and bullying can create a school climate of fear and disrespect
that can result in conditions that negatively affect learning.
California's Education Code (EC) has clear policies prohibiting
discrimination and harassment, however some would argue that
enforcement of those policies could be strengthened. This bill
expands on existing provisions and incorporates anti-harassment
and anti-bullying approaches that schools should actively
implement. For example, existing provisions in the EC prohibit
discrimination and harassment based on specified characteristics
and this bill adds intimidation and bullying to the prohibited
activities that school districts should address.
Through the CPM process, the CDE monitors local educational
agencies (LEA's) for compliance with categorical program and
fiscal requirements. State and federal laws require the CDE to
monitor the implementation of certain programs operated by
LEA's. The monitoring is accomplished in part through a
combination of data and document review and onsite visits. This
bill requires CDE to assess whether school districts have
adopted, in addition to anti-harassment and anti-discrimination
policies, anti-intimidation and anti-bullying policies and have
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implemented a process for receiving and investigating complaints
of such acts. Additionally, CDE is required to monitor whether
school districts have posted and publicized adopted policies and
information on how to file complaints in all parent-student
handbooks, on the school district's and every school's Internet
Web site, and in all schools and offices, including teacher
lounges and pupil government meeting rooms.
The author states, "Research shows that students who are
harassed at school frequently suffer long-term social,
emotional, and psychological harm. The most effective way to
reduce the harm is to create a school-wide culture of inclusion
and respect for differences. Existing law does not adequately
protect young people from school-based discrimination and
harassment. AB 9 will ensure that existing laws are effective
and enforced by requiring every school district to take concrete
steps to improve school climate."
According to information provided by the sponsors of this bill,
Equality California, "In September 2010, 13-year old Seth Walsh
tragically took his own life after years of relentless
harassment based on his sexual orientation and gender
expression. 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." The sponsors further contend, "Every day
young people in California schools are subjected to
discrimination, harassment, intimidation, or bullying based upon
actual or perceived sexual orientation, gender identity or
expression, gender, race or ethnicity, nationality, religion,
disability, or association with a person or group with one or
more of these actual or perceived characteristics." This bill
attempts to address these situations and create school
environments where tragedies like the one noted above can be
prevented.
Previous legislation: AB 394 (Levine) Chapter 566, Statutes of
2007, established the Safe Place to Learn Act and required the
CDE to monitor LEAs' adherence to anti-discrimination and
anti-harassment policies, as specified.
Analysis Prepared by : Marisol Avina / ED. / (916) 319-2087
AB 9
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FN: 0001129