BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 514
AUTHOR: Bonta
AMENDED: May 6, 2013
FISCAL COMM: Yes HEARING DATE: June 19, 2013
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Resources for youth.
SUMMARY
This bill expands the existing list of resources the
Superintendent of Public Instruction is required to post on
his/her website to include resources for youth who have
been affected by gangs, gun violence, and psychological
trauma caused by violence at home and at school.
BACKGROUND
Current law:
1) States legislative recognition that all pupils
enrolled in public schools have the inalienable right
to attend classes on school campuses that are safe,
secure, and peaceful. (Education Code § 32261)
2) Establishes the Safe Place to Learn Act and requires
the California Department of Education (CDE), as part
of its Categorical Program Monitoring Process, to
monitor compliance with the following requirements:
a) Adopt a policy prohibiting discrimination,
harassment, intimidation and bullying.
b) Adopt a process and timeline for receiving
and investigating complaints of discrimination,
harassment, intimidation and bullying, as well as
an appeal process.
c) Post the policy in all schools and offices.
d) Maintain documentation of complaints and
AB 514
Page 2
ensure that complainants are protected from
retaliation.
e) Identify a responsible school employee to
monitor compliance.
(EC § 234 and § 234.1)
3) Requires the California Department of Education (CDE)
to display current information, and periodically
update the information, on curricula and other
resources that specifically address bias-related
discrimination, harassment, intimidation, and
bullying, on the California Healthy Kids Resource
Center Internet website, and other appropriate CDE
websites. (EC § 234.2)
4) Requires the CDE to develop a model handout, to be
posted on the CDE's website, describing:
a) The rights and obligations to provide all
pupils with equal rights and opportunities in
educational institutions, free from
discrimination and harassment.
b) The policies addressing bias-related
discrimination, harassment, intimidation, and
bullying in schools. (EC § 234.3)
5) Requires the Superintendent of Public Instruction
(SPI) to post on his/her website, and annually update,
a list of statewide resources hat provide support to
youth who have been subjected to school-based
discrimination, harassment, intimidation, or bullying,
and their families. These resources are to include
community-based organizations and be provided to each
school district. (EC § 234.5)
ANALYSIS
This bill :
1) Expands the existing list of resources the
Superintendent of Public Instruction (SPI) is required
to post on his/her website to include resources for
youth who have been affected by gangs, gun violence,
AB 514
Page 3
and psychological trauma caused by violence at home
and at school.
2) States legislative findings and declarations
relative to the negative effects of violence and the
need to create safe school environments.
STAFF COMMENTS
1) Need for the bill . According to the author, "This
bill is the result of Assemblymember Bonta's recent
'There Ought to be a Law' contest in which he asked
students to submit answers to the question 'What would
make you feel safer at school?' The majority of
responses came from Oakland Unified School District
and 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 to deal
with gang violence, post-traumatic stress disorder,
violence in the home and other trauma-related issues."
2) Existing resources . Current law requires the
Superintendent of Public Instruction (SPI) to post on
his/her website, and annually update, a list of
statewide resources that provide support to youth who
have been subjected to school-based discrimination,
harassment, intimidation, or bullying, and their
families. Staff cannot locate this list of resources
on the website.
Various resources are available on the California
Department of Education's (CDE) website reflecting
policies, best practices and resources regarding a
safe school environment. However, these resources
appear to be directed at school and district personnel
rather than students.
General
Safe Schools and Violence Prevention:
http://www.cde.ca.gov/ls/ss/vp/cefsafeschools.asp
School Safety Resources:
http://www.cde.ca.gov/ls/ss/vp/ssresources.asp
AB 514
Page 4
Academic Achievement and Youth Development:
http://www.cde.ca.gov/ls/yd/rs/academicachievyd.asp
Student Assistance Programs:
http://www.cde.ca.gov/ls/he/at/sapschoolviolence.asp
Bullying
http://www.cde.ca.gov/ls/ss/se/bullyingprev.asp
Violence Prevention:
http://www.cde.ca.gov/ls/ss/vp/index.asp
3) Amendments . Staff recommends amendments to replace
the current findings and declarations (on page 2,
lines 3-24) with the following:
"The legislature finds and declares:
(a) Our children have the talent and capacity for
greatness, if given the opportunity to thrive and grow
in a healthy environment.
(b) Violence has become a fact of life for many
children throughout the state, including living in
communities with high rates of homicide.
(c) Many children suffer complications from growing up
in a violent environment, including depression and
post-traumatic stress disorder, which makes it more
difficult to become an engaged and productive pupil at
school.
(d) A school is a place not only for perfunctory
instruction but also the place where children learn
about humanity, family, and community, free from
violence and fear.
"It is the intent of the Legislature to make child
safety a priority and ensure that our children are
kept safe from all forms of violence, especially while
children are in school. It is further the intent of
the Legislature to create safe and supportive school
environments where each child is able to thrive. "
This bill requires the SPI to provide a list of
resources for youth who have been affected by violence
at home and at school. Staff recommends an amendment
to also reference violence in the community. (On page
2, line 35, strike "home and at school" and insert
AB 514
Page 5
"home, school and in the community."
This bill, and related existing law, references the
SPI's website. Staff recommends an amendment to
instead reference the California Department of
Education's website. (On page 2, lines 28 and 32).
4) Fiscal impact . According to the Assembly
Appropriations Committee analysis, this bill would
impose one-time, General Fund administrative costs,
likely less than $50,000, to the California Department
of Education.
5) Related legislation . SB 231 (Correa) establishes the
California Bullying Prevention Coordinating Center, to
be administered by the CDE. SB 231 is pending in the
Assembly.
SUPPORT
None on file.
OPPOSITION
None on file.