BILL NUMBER: AB 746	CHAPTERED
	BILL TEXT

	CHAPTER  72
	FILED WITH SECRETARY OF STATE  JULY 8, 2011
	APPROVED BY GOVERNOR  JULY 7, 2011
	PASSED THE SENATE  JUNE 23, 2011
	PASSED THE ASSEMBLY  APRIL 14, 2011
	AMENDED IN ASSEMBLY  APRIL 7, 2011

INTRODUCED BY   Assembly Member Campos
   (Coauthors: Assembly Members Ammiano, Eng, and Mendoza)

                        FEBRUARY 17, 2011

   An act to amend Section 32261 of the Education Code, relating to
pupils.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 746, Campos. Pupils: cyber bullying.
   Existing law, the Interagency School Safety Demonstration Act of
1985, defines bullying as one or more acts of sexual harassment, hate
violence, or intentional harassment, threats, or intimidation,
directed against school district personnel or pupils, committed by a
pupil or group of pupils. Under existing law, bullying, including
bullying committed by means of an electronic act, as defined, is a
ground on which suspension or expulsion may be based.
   This bill would specify that an electronic act for purposes of the
act includes a post on a social network Internet Web site.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 32261 of the Education Code is amended to read:

   32261.  (a) The Legislature hereby recognizes that all pupils
enrolled in the state public schools have the inalienable right to
attend classes on school campuses that are safe, secure, and
peaceful. The Legislature also recognizes that pupils cannot fully
benefit from an educational program unless they attend school on a
regular basis. In addition, the Legislature further recognizes that
school crime, vandalism, truancy, and excessive absenteeism are
significant problems on far too many school campuses in the state.
   (b) The Legislature hereby finds and declares that the
establishment of an interagency coordination system is the most
efficient and long-lasting means of resolving school and community
problems of truancy and crime, including vandalism, drug and alcohol
abuse, gang membership, gang violence, and hate crimes.
   (c) It is the intent of the Legislature in enacting this chapter
to support California public schools as they develop their mandated
comprehensive safety plans that are the result of a systematic
planning process, that include strategies aimed at the prevention of,
and education about, potential incidents involving crime and
violence on school campuses, and that address the safety concerns of
local law enforcement agencies, community leaders, parents, pupils,
teachers, administrators, school police, and other school employees
interested in the prevention of school crime and violence.
   (d) It is the intent of the Legislature in enacting this chapter
to encourage school districts, county offices of education, law
enforcement agencies, and agencies serving youth to develop and
implement interagency strategies, in-service training programs, and
activities that will improve school attendance and reduce school
crime and violence, including vandalism, drug and alcohol abuse, gang
membership, gang violence, hate crimes, bullying, including bullying
committed personally or by means of an electronic act, which
includes the posting of messages on a social network Internet Web
site, teen relationship violence, and discrimination and harassment,
including, but not necessarily limited to, sexual harassment.
   (e) It is the intent of the Legislature in enacting this chapter
that the School/Law Enforcement Partnership shall not duplicate any
existing gang or drug and alcohol abuse program currently provided
for schools.
   (f) As used in this chapter, "bullying" means one or more acts by
a pupil or group of pupils as defined in Section 48900.2, 48900.3, or
48900.4.
   (g) As used in this chapter, an "electronic act" means the
transmission of a communication, including, but not necessarily
limited to, a message, text, sound, or image, or a post on a social
network Internet Web site, by means of an electronic device,
including, but not necessarily limited to, a telephone, wireless
telephone or other wireless communication device, computer, or pager.