BILL ANALYSIS Ķ
AB 9
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 9 (Ammiano)
As Amended August 30, 2011
Majority vote
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|ASSEMBLY: |52-26|(June 1, 2011) |SENATE: |24-14|(September 1, |
| | | | | |2011) |
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Original Committee Reference: ED.
SUMMARY : Amends the existing Safe Place to Learn Act to add
anti-intimidation and anti-bullying provisions.
The Senate amendments :
1)Delete language expressing the intent of the Legislature that
school districts provide grade-level appropriate professional
development training to school personnel to implement policies
prohibiting discrimination, harassment, intimidation and
bullying.
2)Delete the requirement for school districts to publish the
policy in all parent-student handbooks and to publish the
policy and information about the complaint form on the
district's and individual schools' Internet Web sites.
3)Specify that the California Department of Education (CDE)
shall display current information and periodically update
information regarding specified topics on specified Internet
Web sites.
4)Require the Superintendent of Public Instruction (SPI) to
annually update on his or her Internet Web site a list of
specified statewide resources.
5)Delete findings and declarations and add co-authors.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, potentially significant General Fund reimbursable
mandated costs associated with the anti-bullying policies, the
AB 9
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complaint process, and publicizing the policy. General Fund
costs to the CDE for monitoring and reporting as follows:
$87,000-100,000 in fiscal year (FY) 2011-12, $175,000-200,000 in
FY 2012-13, and $175,000-200,000 in 2013-14.
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 categorically program monitoring (CPM) process, the
CDE monitors local educational agencies (LEAs) for compliance
with categorical program and fiscal requirements. State and
federal laws require the CDE to monitor the implementation of
certain programs operated by LEAs. 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 anti-intimidation and
anti-bullying policies in addition to anti-harassment and
anti-discrimination policies, and have 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 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."
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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 Aviņa / ED. / (916) 319-2087
FN: 0002528