BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1156
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          Date of Hearing:   April 27, 2011

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                  AB 1156 (Eng) - As Introduced:  February 18, 2011
           
          SUBJECT  :   Pupils:  bullying

           SUMMARY  :  Makes several proposals related to bullying, including 
          requiring training in the prevention of bullying, authorizing a 
          pupil to transfer to another district and revising the 
          definition of bullying, beginning on July 1, 2012.  
          Specifically,  this bill  :  

          1)Makes declarations and findings regarding the impact of 
            bullying, including that bullying causes physical, 
            psychological and emotional harm to pupils; interferes with 
            pupils' ability to learn and participate in school activities; 
            and that bullying has been linked to other forms of antisocial 
            behavior, such as vandalism, shoplifting, truancy and dropping 
            out of school, fighting, using drugs and alcohol, sexual 
            harassment and sexual violence.  

          2)Specifies that training of schoolsite personnel in the 
            prevention of bullying shall be a component in the development 
            of school safety plans.  

          3)Specifies that a pupil is in compliance with the residency 
            requirements for school attendance in a school district if a 
            pupil whose residence is located within the boundaries of 
            another school district has been determined by personnel of 
            that other district to have been the victim of an act of 
            bullying committed by a pupil of that district.  

          4)Specifies that an act of bullying includes, but is not limited 
            to, harassment, threats, intimidation, stalking, physical 
            violence, sexual harassment, sexual violence, theft, public 
            humiliation, destruction of property, or retaliation for 
            asserting or alleging an act of bullying.   

          5)Specifies that "bullying" means any severe or pervasive 
            physical or verbal act or conduct, including communications 
            made in writing or electronically, and including one or more 
            acts committed by a pupil or group of pupils directed toward a 
            pupil or pupils that has or can be reasonably predicted to 








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            have the effect of one or more of the following:

             a)   Placing the pupil or pupils in reasonable fear of harm 
               to that pupil's or those pupils' person or property.

             b)   Causing a substantially detrimental effect on the 
               pupil's or pupils' physical or mental health.

             c)   Substantially interfering with the pupil's or pupils' 
               ability to participate in or benefit from the services, 
               activities, or privileges provided by a school.

           EXISTING LAW  :

          1)Prohibits the suspension, or recommendation for expulsion, of 
            a pupil from school unless the principal determines that the 
            pupil has committed any of various specified acts, including 
            but not limited to bullying by means of an electronic act, as 
            defined.

          2)Defines "bullying" as one or more acts by a pupil or group of 
            pupils engaging in sexual harassment, hate violence, 
            harassment, threats, or intimidation, including, but not 
            limited to, bullying committed by means of an electronic act.  


          3)Defines an "electronic act" as the transmission of a 
            communication, including, but not limited to, a message, text, 
            sound, or image by means of an electronic device, including, 
            but not limited to, a telephone, wireless telephone or other 
            wireless communication device, computer, or pager.  

          4)Expresses the intent of the Legislature that all California 
            public schools work with local law enforcement agencies, 
            community leaders, parents, pupils, teachers, administrators, 
            and other interested parties in the prevention of campus crime 
            and violence, and develop a comprehensive school safety plan.

          5)Specifies that the schoolsite council or a school safety 
            planning committee is responsible for developing the 
            comprehensive school safety plan.

          6)Specifies that the comprehensive school safety plan shall 
            include an assessment of the current status of school crime 
            committed on school campuses and at school-related functions 








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            and identification of appropriate strategies and programs that 
            will provide or maintain a high level of school safety and 
            address the school's procedures for complying with existing 
            laws related to school safety, including child abuse reporting 
            procedures; disaster procedures; an earthquake emergency 
            procedure system; policies regarding pupils who commit 
            specified acts that would lead to suspension or expulsion; 
            procedures to notify teachers of dangerous pupils; a 
            discrimination and harassment policy; the provisions of any 
            schoolwide dress code; procedures for safe ingress and egress 
            of pupils, parents, and school employees to and from school; a 
            safe and orderly environment conducive to learning; rules and 
            procedures on school discipline; and hate crime reporting 
            procedures.

          7)Provides that a pupil complies with the residency requirement 
            for school attendance in a school district if he or she meets 
            specified conditions.  

           FISCAL EFFECT  :  Unknown

           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. 
          Bullying is defined as an act by a pupil engaging in sexual 
          harassment, hate violence, harassment, threats or intimidation 
          that may include bullying committed via an electronic act that 
          includes, but is not limited to, a message, text, sound, or 
          image by means of an electronic device (a telephone, wireless 
          telephone or other wireless communication device, computer or 
          pager).  

          The author states, "AB 1156 will address the issue of bullying 
          in a comprehensive and effective manner by requiring the 
          training of school site personnel in the prevention of bullying, 
          providing a mechanism under which the option is available for 
          the student who is the target of an act of bullying to be 
          removed from an unhealthy setting, and expanding the definition 
          of bullying by linking it to such impacts, as academic 
          achievement and participation.  The goal is to provide a safe 
          environment designed to support a healthy learning experience 
          for every child."

           Training in the prevention of bullying/school safety plan  :  This 
          bill has three components.  Section 2 of the bill adds "training 








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          of schoolsite personnel in the prevention of bullying as a 
          component in the development of school safety plans".  This 
          provision is unclear.  Staff believes that the author intends to 
          require training of school staff in the prevention of bullying 
           and  require school safety plans to include a component on the 
          prevention of bullying.   Staff recommends  moving the school 
          safety plan requirement to the Education Code (EC) Section 
          32282.  Each schoolsite is required to develop a school safety 
          plan to assess the school climate and develop procedures in the 
          event of disasters or emergencies as well as other incidents 
          that create an unsafe environment, including procedures to 
          report hate crime.  Adding procedures on the prevention of 
          bullying is consistent with the goals of the school safety plan. 
             

          According to the California Department of Education (CDE), 
          training on the prevention of bullying/cyber bullying is already 
          being done.  Existing law requires the Department of Justice and 
          the CDE to contract with one or more professional trainers to 
          coordinate statewide workshops for local educational agency 
          staff to assist them in the development of the school safety 
          plan and crisis response plans. This provision is met through 
          funds from the School Safety Consolidated Competitive Grant.  
          The CDE contracts with Kern County Office of Education to 
          provide the trainings.  In addition to bullying/cyberbullying, 
          the workshops also provide training on safe school planning and 
          crises response planning.  Training on the prevention of 
          bullying, however, is currently permissive.  By specifying the 
          training component to include bullying in the law, it will be a 
          required component of the training. 

           Transfer option  :  Federal law, under the Unsafe School Choice 
          Option established by the federal No Child Left Behind Act, 
          authorizes a student to transfer to a school  within  the district 
          if the student is a victim of a violent crime.  Federal guidance 
          recommends consulting with local law enforcement agencies in 
          determining whether a student is a victim of a violent criminal 
          offense.  Section 3 of the bill authorizes a pupil to be deemed 
          to meet residency requirements if the pupil transfers to a 
          school in  another district  based on a determination by personnel 
          of the district where s/he resides that the s/he had been a 
          victim of an act of bullying committed by a pupil from the home 
          district.  The Committee may wish to consider whether the 
          criteria should be more specific.  Questions raised by this 
          provision include:  Should a district allow a transfer based on 








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          one incident?  Should a transfer be based on severity of the 
          bullying?  Will this bill result in numerous requests to 
          transfer to another district?  Can this be used by parents as an 
          excuse to transfer their children to more desirable schools?  
          Should a pupil be allowed to transfer even if the bully has been 
          expelled?  Should district administrators be given more 
          authority to determine whether a transfer is beneficial for the 
          student or be required to consult with a mental health 
          professional?  Should a transfer be within a school district?  
          The language in the bill currently does not allow consideration 
          of these factors.  If a pupil is determined to have been a 
          bullied, the pupil may request a transfer to another district.   
               

           Definition of bullying  .  The final proposal in this bill changes 
          the definition of bullying.  EC Section 48900 specifies that a 
          pupil shall not be suspended or recommended for an expulsion, 
          unless the superintendent or the principal of the school 
          determines that the pupil has committed specified acts, 
          including:

          "(r) Engaged in an act of bullying, including, but not limited 
          to, bullying committed by means of an electronic act, as defined 
          in subdivisions (f) and (g) of Section 32261, directed 
          specifically toward a pupil or school personnel."  

          Subdivision (r) requires a review of another section (32261(f) 
          and (g)) to determine the actual definition of bullying.  That 
          section then references back to the suspension/expulsion section 
          of law, as follows:  "bullying" means one or more acts by a 
          pupil or group of pupils as defined in Section 48900.2, 48900.3, 
          or 48900.4.  

          EC sections 48900.2 specifies that a student may be suspended or 
          recommended for expulsion if the pupil has been determined to 
          have committed sexual harassment, 48900.3 refers to incidences 
          of hate violence and 48900.4 relates to engagement in 
          harassment, threats or intimidation, "directed against school 
          district personnel or pupils, that is sufficiently severe or 
          pervasive to have the actual and reasonably expected effect of 
          materially disrupting classwork, creating substantial disorder, 
          and invading the rights of either school personnel or pupils by 
          creating an intimidating or hostile educational environment."

          As shown above, the definition of bullying is based on 








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          references to several sections in the EC and could be clearer.  
          This bill redefines the bullying as:

          1)including, but not limited to, harassment, threats, 
            intimidation, stalking, physical violence, sexual harassment, 
            sexual violence, theft, public humiliation, destruction of 
            property, or retaliation for asserting or alleging an act of 
            bullying.  

          2)meaning any severe or pervasive physical or verbal act or 
            conduct, including communications made in writing or 
            electronically, and including one or more acts committed by a 
            pupil or group of pupils as defined in Section 48900.2 (sexual 
            harassment), 48900.3 (hate violence) or 48900.4 (harassment, 
            threats, or intimidation), directed toward a pupil or pupils 
            that has or can be reasonably predicted to have the effect of 
            one or more of the following:

             a)   Placing the pupil or pupils in reasonable fear of harm 
               to that pupil's or those pupils' person or property.

             b)   Causing a substantially detrimental effect on the 
               pupil's or pupils' physical or mental health.

             c)   Substantially interfering with the pupil's or pupils' 
               ability to participate in or benefit from the services, 
               activities, or privileges provided by a school.

          While attempting to clarify the definition of bullying, the two 
          paragraphs proposed by this bill may continue to cause confusion 
          as one paragraph references other sections (similar to existing 
          law) and the other paragraph incorporates the acts referenced by 
          the other sections that are considered bullying, while also 
          including actions that are not included in the existing 
          definition of bullying (e.g., stalking, theft, destruction of 
          property).  If the Committee chooses to adopt this definition of 
          bullying,  staff recommends  striking (r)(1) in the bill and 
          making conforming amendments by deleting the current definition 
          of "bullying" in Section 32261(f) and transferring the 
          definition of "electronic act" to Section 48900.       

          The definition proposed by this bill differs from existing law 
          by specifying that the conduct must be "severe" or "pervasive" 
          and that has or "can be reasonably predicted" to have specified 
          effects, including causing physical or mental harm or 








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          interfering with a pupil's ability to participate in school 
          activities.  This definition creates a higher threshold for 
          suspension/expulsion due to bullying.  The Committee may wish to 
          consider whether bullying is only bullying when there is a 
          physical or psychological impact on the victim.  For example, if 
          a student harasses another student, should that act of 
          harassment alone be considered an act of bullying, even if there 
          is no physical or psychological effect on the victim?  Under 
          current law, that act of harassment can be considered bullying.  


          There are a number of bills dealing with bullying this year, 
          with more than one bill affecting suspension/expulsion due to an 
          act of bullying.  In addition to this bill, SB 453 (Correa), 
          which is scheduled for the April 27, 2011 Senate Education 
          Committee hearing, expands authorization to suspend or expel a 
          pupil for acts of bullying to include those acts motivated by 
          any of the following actual or perceived characteristics of the 
          victim: disability, gender, nationality, race or ethnicity, 
          religion, sexual orientation, or association with a person or 
          group with one or more of these actual or perceived 
          characteristics.  SB 453 also includes acts of bullying that 
          have persisted and reoccurred despite repeated efforts at 
          remediation and termination of the behavior by the principal or 
          the superintendent of schools on the list of acts for which 
          expulsion may be recommended.  

          The CDE recommends the definition of bullying to parallel 
          definition that is supported by the International Bullying 
          Prevention Association as follows:  "An act of bullying" is 
          defined as a type of aggression, either verbal, physical, or 
          psychological.  The bullying behavior is intended to harm or 
          disturb the target/victim, and is carried out repeatedly and 
          over time.  An act of bullying reflects an imbalance of power, 
          either physical or psychological.  Bullying can be direct, in 
          the form of physical acts, threats, intimidation, verbal abuse, 
          or taunting; an act of bullying can also be indirect, in the 
          form of making faces, making obscene gestures, exclusion, or 
          spreading of rumors.  The definition in this bill, while not 
          identical, is fairly consistent with this definition.

           Arguments in Support  .  According to the author, "the current 
          definitions contained within anti-bullying policies do not 
          reflect the psychological damaging effects and/or academic 
          performance implications recognized by research. The scope of 








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          most anti-bullying policies, limit the definition of bullying as 
          physical aggression and verbal and/or written aggression. 
          Persistent bullying can severely inhibit a student's ability to 
          learn effectively or a member of the staff's ability to do their 
          job.  A recent study by UCLA psychologists finds that 
          "instruction cannot be effective unless the students are ready 
          to learn, and that includes not being fearful of raising your 
          hand in class and speaking up."  Hence, it is important that the 
          definition of bullying address the non-physical impacts it has 
          on a student who is the target of bullying, because the negative 
          effects of bullying can have an impact on a person for their 
          entire life." 

           Related legislation  .  AB 9 (Ammiano), pending in the Assembly 
          Appropriations Committee, requires school districts to have 
          policies prohibiting discrimination, harassment, intimidation, 
          and bullying and a process for submitting and investigating 
          complaints of such acts, encourages school districts to offer 
          professional development to address discrimination, harassment, 
          intimidation, and bullying, and authorizes principals and 
          superintendents to institute alternative discipline strategies 
          for pupils subject to suspension or expulsion, as specified.  

          AB 630 (Hueso) encourages school districts to establish programs 
          to be integrated either into the regular curriculum or through 
          separate instruction during National Bullying Prevention Month 
          for a minimum of one class period each day, or a minimum of five 
          hours, at the discretion of each school district, to reduce 
          bullying through training with appropriate activities and best 
          practices.  AB 630 is also scheduled for today's Committee 
          hearing.  

          AB 746 (Campos), pending in the Senate, specifies that bullying 
          by means of an electronic act includes a post on a social 
          network Internet Web site.  

          SB 453 (Correa), pending in the Senate Education Committee, 
          expands authorization of suspension or expulsion for acts of 
          bullying to include those acts motivated by any of the following 
          actual or perceived characteristics of the victim: disability, 
          gender, 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 includes 
          acts of bullying that have persisted and reoccurred despite 
          repeated efforts at remediation and termination of the behavior 








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          by the principal or the superintendent of schools on the list of 
          acts for which expulsion may be recommended.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California State PTA (sponsor)
          Asian and Pacific Islanders CA Action Network
          California Federation of Teachers
          California School Employees Association
          California Teachers Association
          National Association of Social Workers
          PeaceBuilders
          An individual

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087