BILL ANALYSIS �
AB 514
Page 1
Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 514 (Bonta) - As Amended: March 19, 2013
SUBJECT : The Safe Schools for Safe Learning Act of 2013
SUMMARY : Requires the Superintendent of Public Instruction
(SPI) to include on his or her Internet Web site a list of
statewide resources for youth who have been affected by gangs,
gun violence, and psychological trauma. Makes declarations and
findings regarding the need to prioritize child safety, the
violence that exists in the 18th Assembly District and in
Oakland that make it difficult for pupils to become engaged and
productive at school, and the need to create a safe and
supportive school environment.
EXISTING LAW :
1)Establishes the Safe Place to Learn Act and states that it is
the policy of the state to ensure that all local educational
agencies (LEAs) continue to work to reduce discrimination,
harassment, violence, intimidation, and bullying. (Education
Code (EC) Section 234)
2)Requires the California Department of Education (CDE), as part
of its Categorical Program Monitoring Process, to monitor
adherence of LEAs of the following requirements: 1) adopt a
policy prohibiting discrimination, harassment, intimidation
and bullying; 2) adopt a process and timeline for receiving
and investigating complaints of discrimination, harassment,
intimidation and bullying; 3) post the policy in all schools
and offices; and 4) maintain documentation of complaints and
ensured that complainants are protected from retaliation. (EC
234.1)
3)Requires the CDE to display current information, and
periodically update information, on curricula and other
resources that address bias-related discrimination,
harassment, intimidation, and bullying, on the California
Healthy Kids Resource Center Internet Web site and other
appropriate CDE Web sites. (EC 234.2)
4)Requires the CDE to develop a model handout describing the
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rights and obligations to provide all pupils with equal rights
and opportunities in educational institutions, free from
discrimination and harassment. Requires the model handout to
be posted on appropriate CDE Internet Web sites. (EC 234.3)
5)Requires the SPI to post, and annually update, on his or 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. (EC 234.5)
FISCAL EFFECT : Unknown
COMMENTS : This bill is a result of Assemblymember Bonta's
"There Ought to be a Law" contest in which he asked students in
the 18th Assembly District, "What would make you feel safer at
school?" According to the author, the majority of the responses
related to "expanding counseling services for students suffering
from depression, creating 'safe spaces' at schools for students
to feel protected from bullying, and providing resources to
students about dealing with gang violence, PTSD, violence in the
home and other trauma-related issues that are affecting children
in the 18th Assembly District."
Existing law establishes the Safe Place to Learn Act and
requires LEAs to establish polices prohibiting discrimination,
harassment, intimidation and bullying, based on the actual or
perceived characteristics, including disability, gender, gender
identity, gender expression, nationality, race or ethnicity,
religion, and sexual orientation. The Safe Place to Learn Act
also requires a process for students to report such actions, and
LEAs to investigate such complaints. The SPI is required to
post on the CDE Internet Web site resources for youth who have
experienced discrimination, harassment, intimidation and
bullying. This bill adds to these requirement resources for
youth who have been affected by gangs, gun violence, and
psychological trauma. "Psychological trauma" is a very broad
term. Staff recommends amending the bill to specify
"psychological trauma caused by violence that can occur at home
and at school" to provide more specificity.
Staff also recommends amending the findings and declarations
section on page 2, line 11, to add that violence is a fact of
life for many pupils "throughout the state," in addition to the
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18th Assembly District.
Previous related legislation . AB 9 (Ammiano), Chapter 723,
Statutes of 2011, amends the Safe Place to Learn Act to add
anti-intimidation and anti-bullying provisions. Requires the
CDE to assess whether LEAs have adopted a policy that prohibits
intimidation and bullying and a process for receiving and
investigating complaints of such acts based on the actual or
perceived specified characteristics.
AB 394 (Levine) Chapter 566, Statutes of 2007, establishes the
Safe Place to Learn Act and requires the CDE to monitor
adherence to antidiscrimination and antiharassment policies, as
specified.
REGISTERED SUPPORT / OPPOSITION :
Support
California Mental Health Directors Association
Opposition
None on file
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087