BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                     AB 9|
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                                 THIRD READING


          Bill No:  AB 9
          Author:   Ammiano (D), et al.
          Amended:  8/30/11 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  7-2, 6/22/11
          AYES:  Lowenthal, Alquist, Hancock, Liu, Price, Simitian, 
            Vargas
          NOES:  Blakeslee, Huff
          NO VOTE RECORDED:  Runner, Vacancy
           
          SENATE APPROPRIATIONS COMMITTEE  :  6-3, 8/25/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Emmerson, Runner
           
          ASSEMBLY FLOOR  :  52-26, 6/1/11 - See last page for vote


           SUBJECT  :    Pupil rights:  bullying

           SOURCE  :     American Civil Liberties Union
                      Equality California 
                      Gay-Straight Alliance Network
                      National Center for Lesbian Rights 
                      The Trevor Project 


           DIGEST  :    This bill (1) requires a school district to 
          include specific information in its policies and procedures 
          regarding discrimination, harassment, intimidation, and 
          bullying, and (2) requires the policies to include 
          complaint procedures and alternative discipline policies 
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          for pupils who engage in this behavior.  

           ANALYSIS  :    Existing law, the California Student Safety 
          and Violence Prevention Act, 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.  

          The Safe Place to Learn Act (SPLA) requires the California 
          Department of Education (CDE) to monitor local educational 
          agencies (LEAs) adherence to antidiscrimination and 
          antiharassment policies.  Under the SPLA, the CDE is 
          required, as part of its Categorical Program Monitoring 
          (CPM) process, to assess whether LEAs have done all of the 
          following:  

          1. 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.  

          2. Adopted a process for receiving and investigating 
             complaints of discrimination based on current law, as 
             specified above.  

          3. 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.  

          4. Posted antidiscrimination and antiharassment policies in 
             the schools and offices, including staff lounges and 
             pupil meeting rooms.  

          5. Maintained documentation of complaints and their 
             resolution for a minimum of one review cycle.  

          6. Ensured that complainants are protected from retaliation 
             and the identity of a complainant alleging 
             discrimination or harassment remains confidential, as 
             appropriate.  

          7. Identified a responsible LEA officer for ensuring 
             district or office compliance with the requirement of 

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             the uniform complaint process.  

          The SPLA also requires CDE 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.  
          The CDE is also required to develop a 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 and post the 
          handout on the CDE Internet Web site.  

          Existing law specifies that no person shall be subjected to 
          discrimination on the basis of disability, gender, 
          nationality, race or ethnicity, religion, sexual 
          orientation, or any characteristic that is contained in the 
          definition of hate crimes set forth in Section 422.55 of 
          the Penal Code in any program or activity conducted by an 
          educational institution that receives or benefits from 
          state financial assistance or enrolls pupils who receive 
          state financial aid.  

          This bill, commencing on July 1, 2012:

          1. Specifies it is the policy of the state to ensure that 
             local educational agencies continue to work to reduce 
             violence, intimidation, and bullying.  

          2. Requires the CDE, as part of its CPM process, to assess 
             whether local educational agencies have done all of the 
             following:  

             A.    Adopted a policy that prohibits discrimination, 
                harassment, intimidation, and bullying based on 
                actual or perceived characteristics 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.  The policy shall include a 
                statement that the policy applies to all acts related 
                to school activity or school attendance occurring 

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                within a school under the jurisdiction of the 
                superintendent of the school district.  

             B.    Adopted a process for receiving and investigating 
                complaints of discrimination, harassment, 
                intimidation, and bullying based on any actual or 
                perceived characteristics 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.  
                Specifies that the complaint process must include but 
                is not limited to:  

                (1)      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.  

                (2)      A timeline to investigate and resolve 
                   complaints of discrimination, harassment, 
                   intimidation or bullying that shall be followed by 
                   all schools under the jurisdiction of the school 
                   district.  

                (3)      An appeal process afforded to the 
                   complainant should he/she disagree with the 
                   resolution of a complaint filed.  

                (4)      Forms developed pursuant to this process 
                   must be available in the primary language of 
                   students, as specified.  

             C.    Publicized adopted antidiscrimination, 
                antiharassment, anti-intimidation, and antibullying 
                policies.  

             D.    Requires school districts to ensure that 
                complaints alleging discrimination, harassment, 
                intimidation, or bullying are confidential.  

          3. Requires the CDE to include discrimination, harassment, 
             intimidation, or bullying information in the model 
             handout.  

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          4. Requires the Superintendent of Public Instruction (SPI) 
             to post, and annually update, on his/her Internet Web 
             site and provide to each school district, a list of 
             statewide resources, including community-based 
             organizations, that provide support to youth who have 
             been subjected to school-based discrimination, 
             harassment, intimidation, or bullying, and their 
             families.  

          5. Specifies that the act shall not be construed to limit 
             pupil rights to free speech, as specified.  

          6. Specifies that the act shall not be construed to require 
             an exhaustion of any administrative complaint process 
             before civil law remedies may be pursued.  

          7. Provides for local educational agencies to be reimbursed 
             for costs associated with complying with the 
             requirements of this act if the Commission on State 
             Mandates determines that the act contains mandated 
             costs.  

           Comments

          Bullying and harassment  .  A 2007 report from the National 
          Association of Attorneys General Task Force on School and 
          Campus Safety noted that bullying is an important issue in 
          examining school violence and recommended states continue 
          to implement and expand bullying prevention measures.  A 
          publication from the United States Department of Justice 
          Office of Juvenile Justice and Delinquency Programs (OJJDP) 
          notes that bullying can take three forms:  physical, 
          verbal, and psychological and can have short-term and 
          long-term psychological effects on both those who bully and 
          those who are bullied.  Long-term consequences have also 
          been linked to increases in criminal behavior and substance 
          abuse.  A 2001 report by the National Institute of Child 
          Health and Human Development (NICHD) estimated that 1.6 
          million children in grades 6 through 10 in the United 
          States are bullied at least once a week and 1.7 million 
          bully others frequently.  According to the OJJDP, a study 
          of 6,500 middle school students in South Carolina revealed 
          that 23 percent said they had been bullied regularly during 

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          the previous three months.  
          
           Related and Prior Legislation  

          SB 453 (Correa), 2011-12 Session, expands the definition of 
          bullying to include acts motivated by specified actual or 
          perceived characteristics of the victim, adds bullying, as 
          specified, to the list of acts for which expulsion may be 
          recommended, and requires school safety plans to include 
          policies and procedures relating to bullying.  (Held under 
          submission in Senate Appropriations Committee)

          SB 755 (Lieu), 2011-12 Session, makes numerous changes to 
          the requirement that each school have a school safety plan, 
          imposes new penalties for schools and districts that fail 
          to meet these requirements, and requires school districts 
          and county offices of education to be responsible for the 
          development of school safety plans, as specified.  (Held 
          under submission in Senate Appropriations Committee)  

          SB 919 (Lieu), 2011-12 Session, defines sexting as the 
          sending or receiving of sexually explicit pictures or video 
          images via an electronic act and adds sexting to the list 
          of acts for which a pupil may be suspended or expelled.  
          (Held under submission in Assembly Education Committee)  


          AB 227 (Hall), 2011-12 Session, adds the prevention of 
          cyberbullying, content control software, and the 
          responsible use of mobile communication technology to the 
          components that are required to be included in existing 
          guidelines and criteria for developing school district 
          educational technology plans.  (Held under submission in 
          Senate Education Committee)

          AB 630 (Hueso), 2011-12 Session, a two-year bill in the 
          Assembly Education Committee, encourages school districts 
          to reduce bullying through training programs that would 
          educate pupils by increasing their awareness of bullying.  
          (In Assembly Education Committee)

          AB 1156 (Eng), 2011-12 Session, requires the training of 
          schoolsite personnel in the prevention of bullying, allows 
          a child who is a victim of an act of bullying to meet 

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          residence requirements in another district, and expands the 
          definition of bullying to include various specified acts.  
          (On Senate Third Reading File)

          AB 86 (Lieu), Chapter 646, Statutes of 2008, defined 
          bullying to mean acts that are committed personally or 
          electronically, acts directed against another pupil that 
          constitutes sexual harassment, hate violence, severe or 
          pervasive intentional harassment, threats, or intimidation 
          and gave school officials grounds to suspend a pupil or 
          recommend a pupil for expulsion for bullying.  Passed the 
          Senate with a vote of 21-12 on August 11, 2008.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions       2011-12      2012-13       2013-14     Fund  

          Mandate:
             anti-bullying policies       Potentially significant 
          reimbursable mandate            General
             complaint process            Potentially substantial 
          reimbursable mandate            General
             publicize policy             Potentially substantial 
          reimbursable mandate            General

          Professional development        -------Substantial cost 
          pressure -------    Local/
                                                                
          General

          CDE monitoring/reporting        $87-$100    
          $175-$200$175-$200  General

           SUPPORT  :   (Verified  8/30/11)

          ACLU (co-source)
          Equality California (co-source)
          Gay-Straight Alliance Network (co-source) 
          National Center for Lesbian Rights (co-source)

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          The Trevor Project (co-source)
          The Honorable Gavin Newsom, Lieutenant Governor
          The Honorable Betty Yee, State Board of Equalization Member
          Advancement Project
          AIDS Legal Referral Panel
          Anti-Defamation League
          Asian Pacific American Legal Center
          CA Foundation for Independent Living Centers
          California Association of School Councilors
          California Coalition for Youth
          California Communities United Institute
          California Faculty Association
          California NOW
          California Police Chiefs Association Inc.
          California Psychological Association
          California School Health Centers Association
          California State Independent Living Council
          California State PTA
          Californian's For Justice Education Fund
          City of Los Angeles
          City of West Hollywood
          Communities United Against Violence
          Developmental Disabilities Area Board 10
          Disability Rights California
          Ella Baker Center for Human Rights
          Equal Rights Advocates
          Lawyers' Committee for Civil Rights, San Francisco
          Legal Services for Children
          Los Angeles Unified School District 
          MALDEF
          National Council of La Raza
          Oakland Unified School District
          Peace Builders
          Public Council Law Center
          Regional Human Rights/Fair Housing Commission
          Sacramento Gay & Lesbian Center
          Safe Passages
          San Diego Unified School District
          San Francisco Japanese American Citizens League
          San Francisco Unified School District
          The ARC
          The Center Orange County
          United Cerebral Palsy in California
          Youth Law Center  

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           OPPOSITION  :    (Verified  8/30/11)

          Department of Finance

           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          "California has taken some steps to address discrimination, 
          harassment, intimidation, and 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 respond to 
          incidents quickly."  

          The bill's sponsor, Equality California, details 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."  


           ASSEMBLY FLOOR  :  52-26, 6/1/11
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, 
            Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, 
            Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, 
            Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, 
            Pan, Perea, Portantino, Skinner, Solorio, Swanson, 
            Torres, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey, 
            Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, 
            Wagner
          NO VOTE RECORDED:  Gorell, V. Manuel Pérez



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          CPM:mw  8/30/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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