BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 9| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 9 Page 2 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 CONTINUED AB 9 Page 3 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 CONTINUED AB 9 Page 4 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. CONTINUED AB 9 Page 5 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 CONTINUED AB 9 Page 6 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 CONTINUED AB 9 Page 7 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) CONTINUED AB 9 Page 8 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 CONTINUED AB 9 Page 9 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 CONTINUED AB 9 Page 10 CPM:mw 8/30/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED