BILL ANALYSIS Ó
AB 1732
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ASSEMBLY THIRD READING
AB 1732 (Campos)
As Amended April 12, 2012
Majority vote
EDUCATION 8-0
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|Ayes:|Brownley, Norby, | | |
| |Buchanan, Butler, Carter, | | |
| |Eng, Halderman, Williams | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Specifies that bullying via an electronic act using a
post on a social network Internet Web site includes the
following:
1)Posting to or creating a burn page. Defines "burn page" to
mean an Internet Web site created for purposes of harming,
intimidating, threatening, or defrauding another person.
2)Creating a credible impersonation of another person. Defines
"credible impersonation" as knowingly and without consent
impersonate a person in a manner such that another person
would reasonably believe, or has reasonably believed, that the
pupil was or is the person who was impersonated.
3)Creating a false profile. Defines "false profile" as a
profile of a fictitious person or a profile using the likeness
or attributes of an actual person other than the person who
created the false profile.
FISCAL EFFECT : This bill has been keyed non-fiscal by the
Legislative Counsel.
COMMENTS : A 2007 report by the National Association of
Attorneys General Task Force on School and Campus Safety warns,
"The growth in the use of technology and social networking sites
by younger Americans has fueled a fear among professionals that
cyber bullying will become the means most often utilized to
harass, threaten or otherwise cause distress. And while
certainly more prevalent in the elementary and secondary school
setting, issues related to bullying or intimidation are
increasingly relevant in other nontraditional settings. The
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Task Force recognizes that educators, parents, law enforcement
and other stakeholders in school safety should remain vigilant
in addressing bullying, including cyber bullying."
Last year's AB 1156 (Eng), Chapter 732, Statutes of 2011,
changed the definition of "bullying" to mean any severe or
pervasive physical or verbal act or conduct, including
communications made in writing or by means of an electronic act,
and including one or more acts committed by a pupil or group of
pupils engaging in sexual harassment, hate violence, harassment,
threats, or intimidation, directed toward one or more pupils
that has or can be reasonably predicted to cause fear and have
an impact on a student's physical and mental health, academic
performance, or a student's ability to participate in school and
school activities.
AB 746 (Campos), Chapter 72, Statutes of 2011, added "a post on
a social network Internet Web site" to the definition of
bullying via an electronic act. "Electronic act" is defined as
the transmission of a communication, including, but not 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 limited to, a telephone, wireless telephone
or other wireless communication device, computer, or pager.
This bill includes in the definition of "electronic act" via a
post on a social network Internet Web site "burn pages,"
"credible impersonations," and "false profiles." The author
states, "AB 1732 recognizes both the tremendous leap in
popularity of social networking sites since the inception of our
anti-bullying law, and the potential that the resulting
popularity has an increased ability for cyber bullies to spread
their messages, through the creation of 'burn page' or an
impersonation page. Therefore, these forms of cyber bullying
should be addressed and covered under the Education Code
anti-bullying provisions."
It can be argued that burn pages, credible impersonations, and
false profiles are already covered under the existing definition
of "electronic act;" all of which can be used as a form of
bullying and harassment using an electronic device.
Burn pages: Media in other states have reported on the harm
caused by "burn pages." Burn pages are set up with the
intention to harass and intimidate another individual or
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individuals. Earlier this year, an article from the Deccan
Chronicle in New Hampshire reported that as many as 700 students
participated in the posting of vile and abusive messages about
their peers through burn pages, some of which were sexual in
nature. The article suggests that the phenomenon was inspired
by the film "Mean Girls," which depicts students sharing gossip
and writing hurtful comments using a burn book. Local and
school police officials in New Hampshire have warned students
about the consequences of such participation, including charges
of harassment and assault that could lead to imprisonment.
Burn pages have been used to make written threats. The Virginia
Gazette reported in February 2011 that James City police used
information from a burn page to charge four teenage girls with
making a written threat to kill or harm a 16-year-old girl.
Credible impersonation: This bill defines "credible
impersonation" as knowingly and without consent impersonate a
person in a manner such that another person would reasonably
believe, or has reasonably believed, that the pupil was or is
the person who was impersonated. A person who creates a page
using the identity and picture of another person is an example
of impersonation.
False profiles: Impersonation is a type of "false profile."
Another type of false profile is one where a fictitious profile
is created that may or may not be based on the characteristics
of another person. In 2006, a 13-year-old Missouri girl
committed suicide after a 16-year-old boy she befriended on a
social network Internet Web site posted cruel messages about her
and then "dumped" her. The profile of the 16-year-old boy was
fictitious, created by the mother of a former friend who wanted
to find out what the 13-year-old girl was saying about her
daughter.
Existing law provides that a pupil may be suspended or expelled
if the pupil has intentionally engaged 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 (Education Code
Section 48900.4).
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The incorporation of burn pages, impersonations, and false
profiles in the definition of bullying via a post on a social
network Internet Web site does not mean that any student who
creates these types of pages will be automatically suspended or
expelled. The courts have ruled that disciplinary action as a
result of bullying via a social network Internet Web site is
contingent on whether the action causes a substantial disruption
to school activities or work of a school. If a student is
suspended or expelled and the activity is not found to have
caused substantial disruption, it could constitute a violation
of freedom of speech. This is based on the 1969 case of Tinker
v. Des Moines Independent Community School District (393 U.S.
503, 506; 1969).
Public Counsel Law Center opposes the bill and states, "There
are already numerous offense categories under which students can
be suspended. It is of great significance not to add to this
list of suspension grounds or make stylized specifications of
existing offenses, especially since there is no evidence that
suspension results in improved behavior.
"Rather, experts in the field agree that a punitive disciplinary
system and other such policies serve no educational goals: they
are ineffective at reducing student misbehavior, do not make
schools safer, and fail to improve academic achievement.
Instead of reducing the likelihood of disruption, school
suspension in general appears to predict higher future rates of
misbehavior and suspension among those students who are
suspended."
There are several bills introduced this year that propose
alternative disciplinary measures. With the exception of one
bill regarding suspension due to disruption of school activities
or willful defiance of school officials, the pending bills
propose alternative disciplinary measures that will apply to all
acts that could lead to suspensions. If this bill and those
bills are signed into law, the alternative disciplinary measures
will apply to the provisions in this bill.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0003263
AB 1732
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