BILL ANALYSIS �
AB 514
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CONCURRENCE IN SENATE AMENDMENTS
AB 514 (Bonta)
As Amended June 26, 2013
Majority vote
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|ASSEMBLY: |74-0 |(May 23, 2013) |SENATE: |38-0 |(September 6, |
| | | | | |2013) |
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Original Committee Reference: ED.
SUMMARY : Requires the Superintendent of Public Instruction
(SPI) to include on the California Department of Education's
(CDE) Internet Web site a list of statewide resources for youth
who have been affected by gangs, gun violence, and psychological
trauma caused by violence at home, at school, and in the
community. Makes declarations and findings regarding the need
to prioritize child safety, the violence that exists throughout
the state that make it difficult for pupils to become engaged
and productive at school, and the need to create safe and
supportive school environments where each child is able to
thrive.
The Senate amendments revise the findings and declarations,
clarify that the list of statewide resources are to be posted on
the CDE's Internet Web site rather than the SPI's Internet Web
site, and add the reference to psychological trauma caused by
violence in the "community."
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 CDE, as part of its Categorical Program
Monitoring Process, to monitor adherence of LEAs to the
following requirements:
a) Adopt a policy prohibiting discrimination, harassment,
intimidation and bullying;
AB 514
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b) Adopt a process and timeline for receiving and
investigating complaints of discrimination, harassment,
intimidation and bullying;
c) Post the policy in all schools and offices; and,
d) Maintain documentation of complaints and ensure that
complainants are protected from retaliation. (EC Section
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 Section 234.2)
4)Requires the CDE to develop a model handout describing the
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 Section
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 Section
234.5)
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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 [post-traumatic
stress disorder], violence in the home and other trauma-related
issues that are affecting children in the 18th Assembly
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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 this requirement resources for
youth who have been affected by gangs, gun violence, and
psychological trauma caused by violence at home, at school, and
in the community.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0001516