BILL ANALYSIS Ó
AB 1455
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1455 (Campos)
As Amended June 18, 2014
Majority vote
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|ASSEMBLY: |69-3 |(April 24, |SENATE: |35-0 |(July 3, 2014) |
| | |2014) | | | |
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Original Committee Reference: ED.
SUMMARY : 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 pupil affected by an act of
bullying, committed on or after January 1, 2015, to the school
counselor, school psychologist, social worker, child welfare
attendance personnel, school nurse, or other school support
service personnel for case management, counseling, and
participation in a restorative justice program.
The Senate amendments authorize students who have engaged in
acts of bullying to also be referred to the school counselor,
school psychologist, social worker, child welfare attendance
personnel, or other school support service personnel for case
management and counseling, or for participation in a restorative
justice program.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : Under existing law, a principal or a superintendent
may suspend or recommend expulsion of a pupil for committing any
of a number of specified acts, including bullying and bullying
via an electronic act (cyberbullying). "Bullying" 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, and including one or more acts committed by a
pupil or group of pupils engaging in sexual harassment, hate
violence, harassment, threats, or intimidation, directed toward
one or more pupils that has or can be reasonably predicted to
cause fear and have an impact on a student's physical and mental
health, academic performance, or a student's ability to
participate in school and school activities.
AB 1455
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AB 1729 (Ammiano), Chapter 425, Statutes of 2012, requires
schools to impose suspensions only when other means of
correction fail to bring about proper conduct. "Other means of
correction" include, but are not limited to: a conference
between school personnel, parents and a pupil; referrals to
school support service personnel for case management and
counseling; intervention-related teams that implement
individualized plans to address the behavior in partnership with
the pupil and his or her parents; referral for a comprehensive
psychosocial or psychoeducational assessment for purposes of
creating an individualized education program or plan pursuant to
Section 504 of the federal Rehabilitation Act of 1973;
enrollment in a program for teaching prosocial behavior or anger
management; participation in a restorative justice program; a
positive behavior support approach with tiered interventions
that occur during the school day; any after-school programs
designed to address specific behavioral issues and expose a
pupil to positive activities and behaviors; and, community
service, including, but not limited to, outdoor beautification,
community or campus betterment and teacher, peer or youth
assistance programs.
This bill authorizes the superintendent of a school district,
the principal or the principal's designee to refer a victim,
witness, or other pupil affected by bullying and a pupil who has
engaged in an act of bullying, to the school counselor, school
psychologist, social worker, child welfare attendance personnel,
school nurse, or other school support service personnel for case
management, counseling, and participation in a restorative
justice program.
The author states that existing law is "silent on authorizing
schools to provide counseling services to the victims or
witnesses. Schools would likely want to avoid any potential
liability by providing services not permitted by law."
According to the author, 24 states include mental health and
counseling services in schools for victims and witnesses of
bullying, including Florida, Massachusetts, New York, New
Jersey, Texas, and Connecticut.
The education code is permissive in nature. Superintendents and
principals are already authorized to refer pupils to the types
of services specified in this bill.
The California School Nurses Association supports the bill and
AB 1455
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states, "Bullying is unfortunately a growing phenomenon within
our schools and it has a detrimental effect on not only the
victims but the perpetrators as well. The sequel of bullying
manifests itself in many different ways - headaches, complaints
of various physical ailments as well as emotional issues that
impact their ability to function in school setting. In a May
2011 article in the journal Pediatrics 'the school's nurse's
office tends to be a haven for students who have been bullied,
and for those who bully. The study's authors found that both
groups of children tend to come to the school nurse more often
than other students for illnesses and injuries, and complaints
without clear medical cause, such as stomachaches.'
Additionally, the school nurse can play a critical role in
developing programs that address prevention, early intervention
and treatment of those that bully and those that are bullied."
There is no opposition on file.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0004044