BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1455
          Author:   Campos (D)
          Amended:  6/18/14 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  : 7-0, 6/11/14
          AYES: Liu, Wyland, Block, Correa, Hancock, Huff, Monning

           ASSEMBLY FLOOR  :  69-3, 4/24/14 - See last page for vote


           SUBJECT  :    Bullying:  referral for services

           SOURCE  :     Author


           DIGEST  :    This bill authorizes schools to refer a victim of  
          bullying, other students affected by bullying, or a student  
          engaged in the act of bullying, for case management, counseling,  
          and participation in a restorative justice program, as  
          specified.

           ANALYSIS  :    Existing law:

           Bullying
           Relative to bullying, existing law authorizes schools to suspend  
          or recommend for expulsion a student who engages in an act of  
          bullying, which is defined as any severe or pervasive physical  
          or verbal act or conduct, including communications made in  
          writing or by means of an electronic act, directed toward one or  
          more students that has or can be reasonably predicted to have  
          the effect of one or more of the following:
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          1.Placing a reasonable student or students in fear of harm to  
            that student's or those students' person or property.

          2.Causing a reasonable student to experience a substantially  
            detrimental effect on his/her physical or mental health.

          3.Causing a reasonable student to experience substantial  
            interference with his/her academic performance.

          4.Causing a reasonable student to experience substantial  
            interference with his/her ability to participate in or benefit  
            from the services, activities, or privileges provided by a  
            school.  

           Prior to suspension
           Existing law states that suspension shall be imposed only when  
          other means of correction fail to bring about proper conduct. 

          Suspension by the principal must be preceded by an informal  
          conference between the principal, pupil and whenever  
          practicable, the teacher, supervisor or school employee who  
          referred the pupil to the principal.  School principals may  
          suspend a pupil without first holding an informal conference  
          with the pupil if an emergency situation exists.  A school  
          employee is required to make a reasonable effort to contact the  
          pupil's parents at the time of suspension; however, whenever a  
          pupil is suspended from school (as opposed to suspension from a  
          class) the parent must be notified in writing. 

           Alternatives to suspension
           Existing law provides that suspension is to be imposed only when  
          other means of correction fail to bring about proper conduct,  
          including but not limited to:

          1.Referrals to the school counselor, psychologist, social  
            worker, child welfare attendance personnel, or other school  
            support service personnel for case management and counseling.

          2.Participation in a restorative justice program.

           Resources for students
           The Safe Place to Learn Act requires the Superintendent of  
          Public Instruction to post on the Internet and provide to each  

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          school district a list of statewide resources that provide  
          support to youth who have been subjected to school-based  
          discrimination, harassment, intimidation, or bullying.  The  
          website must also include 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.  
          
          This bill authorizes the superintendent of a school district,  
          the principal of a school, or the principal's designee to refer  
          a victim of, witness to, or other students affected by an act of  
          bullying, or a student engaged in the act of bullying, to the  
          following personnel for case management, counseling, and  
          participation in a restorative justice program, as appropriate:

          1.School counselor.
          2.School psychologist.
          3.Social worker.
          4.Child welfare attendance personnel.
          5.School nurse.
          6.Other school support service personnel.

          This bill authorizes referrals to occur related to acts of  
          bullying committed on or after January 1, 2015.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/18/14)

          California Association of School Counselors
          California Communities United Institute
          California Federation of Teachers
          California Psychological Association
          California School Employees Association
          California School Nurses Organization
          Disability Rights California
          National Association of Social Workers
          Public Counsel

           ASSEMBLY FLOOR  :  69-3, 4/24/14
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Cooley, Dababneh,  

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            Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto,  
            Gomez, Gonzalez, Gordon, Gorell, Grove, Hagman, Hall, Roger  
            Hernández, Holden, Jones-Sawyer, Levine, Linder, Logue,  
            Lowenthal, Maienschein, Medina, Melendez, Mullin, Muratsuchi,  
            Nestande, Olsen, Pan, Perea, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,  
            Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,  
            Williams, Yamada, John A. Pérez
          NOES: Donnelly, Beth Gaines, Jones
          NO VOTE RECORDED: Conway, Dahle, Gray, Harkey, Mansoor,  
            Nazarian, Patterson, Vacancy


          PQ:nl  6/18/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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