BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1455| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: CONTINUED AB 1455 Page 2 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 CONTINUED AB 1455 Page 3 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, CONTINUED AB 1455 Page 4 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 **** END **** CONTINUED