Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1993


Introduced by Assembly Member Fox

February 20, 2014


An act tobegin insert amend Section 32283 of, and toend insert add Article 3.5 (commencing with Section 48960) to Chapter 6 of Part 27 of Division 4 of Title 2 ofbegin insert,end insert the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

AB 1993, as amended, Fox. Pupils: bullying:begin delete counseling services.end deletebegin insert teacher training.end insert

begin insert

(1) Existing law, the Interagency School Safety Demonstration Act of 1985, among other things, requires the Department of Justice and the State Department of Education to contract with one or more professional trainers to coordinate statewide workshops for school districts, county offices of education, and schoolsite personnel, and in particular school principals, to assist them in the development of their respective school safety and crisis response plans, and provide training in the prevention of bullying, as defined.

end insert
begin insert

This bill would require the bullying prevention training provided under this provision to include, but not necessarily be limited to, restorative justice and promotion of upstander behavior, as defined.

end insert
begin delete

Existing

end delete

begin insert(2)end insertbegin insertend insertbegin insertExistingend insert law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics. Existing law also authorizes a school to suspend or recommend for expulsion a pupil who has engaged in an act of bullying.

This billbegin delete, the Nigel Hardy Act, would require a school to offer counseling services to every pupil who attends the school who has been the victim of an act of bullying or who has been found to have engaged in an act of bullying, as provided. The billend delete would begin deletealso end deleterequire a school district to provide training on the topic of bullying to every teacher employed by the schoolbegin delete districtend deletebegin insert district,end insert and would require every teacher employed by the school district on or after July 1, 2015, to complete the training. By imposing additional requirements onbegin delete schools andend delete school districts, the bill would impose a state-mandated local program.

begin delete

The

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begin insert(3)end insertbegin insertend insertbegin insertTheend insert California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin delete
P2    1

SECTION 1.  

This measure shall be known and may be cited
2as the Nigel Hardy Act.

end delete
3begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 32283 of the end insertbegin insertEducation Codeend insertbegin insert is amended
4to read:end insert

5

32283.  

begin insert(a)end insertbegin insertend insert The Department of Justice and the State
6Department of Education, in accordance with Section 32262, shall
7contract with one or more professional trainers to coordinate
8statewide workshops for school districts, county offices of
9education, and schoolsite personnel, and in particular school
10principals, to assist them in the development of their respective
11school safety and crisis response plans, and provide training in the
12prevention of bullying as defined in subdivision (r) of Section
1348900. Thebegin delete Departmentend deletebegin insert bullying prevention training provided
14under this section shall include, but not necessarily be limited to,
15restorative justice and promotion of upstander behavior. As used
16in this section, “upstander” means a person who recognizes a
P3    1bully-victim situation and acts in a manner that is responsible and
2helpful to the situation.end insert

3begin insert(b)end insertbegin insertend insertbegin insertThe Department end insertof Justice and the State Department of
4Education shall work in cooperation with regard to the workshops
5coordinated and presented pursuant to the contracts.
6begin delete Implementationend delete

7begin insert(c)end insertbegin insertend insertbegin insertImplementationend insert of this section shall be contingent upon the
8availability of funds in the annual Budget Act.

9

SEC. 2.  

Article 3.5 (commencing with Section 48960) is added
10to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education
11Code
, to read:

12 

13Article 3.5.  Bullying
14

 

15

48960.  

For purposes of this article, “bullying” has the same
16meaning as set forth in paragraph (1) of subdivision (r) of Section
1748900.

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18

48961.  

A school shall offer counseling services to every pupil
19who attends the school who, on or after January 1, 2015, has been
20the victim of an act of bullying or who, on or after January 1, 2015,
21has been found to have engaged in an act of bullying.

end delete
22

begin delete48962.end delete
23begin insert48961.end insert  

A school district shall provide training on the topic of
24bullying to every teacher employed by the school district. Every
25teacher employed by a school district on or after July 1, 2015, shall
26be required to complete the training.

27

SEC. 3.  

If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.



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