BILL ANALYSIS                                                                                                                                                                                                    Ó






                          SENATE COMMITTEE ON EDUCATION
                                 Carol Liu, Chair
                            2013-2014 Regular Session
                                         

          BILL NO:       AB 1993
          AUTHOR:        Fox
          AMENDED:       May 27, 2014
          FISCAL COMM:   Yes            HEARING DATE:  June 11, 2014
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :  Bullying: training module.
          
           SUMMARY  

          This bill requires the California Department of Education to  
          develop an online training module regarding bullying.

           BACKGROUND  

           Bullying
           
          Current law:

          1)   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:

               a)        Placing a reasonable student or students in  
                    fear of harm to that student's or those students'  
                    person or property.

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

               c)        Causing a reasonable student to experience  
                    substantial interference with his or her academic  
                    performance.

               d)        Causing a reasonable student to experience  
                    substantial interference with his or her ability to  






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                    participate in or benefit from the services,  
                    activities, or privileges provided by a school. 
               (EC § 48900(r)(1))

          2)   Defines "electronic act" as the creation and  
               transmission, originated on or off the schoolsite, by  
               means of an electronic device, including but not limited  
               to a telephone, wireless telephone, or other wireless  
               communication device, 

          computer, or pager, of a communication, including but not  
               limited to any of the following:

               a)        A message, text, sounds, or image.

               b)        A post on a social network website including,  
                    but not limited to:

                    i)             Posting to or creating a burn page,  
                         as defined, created for the purpose of having  
                         one or more of the effects listed above.
                    ii)            Creating a credible impersonation of  
                         another actual student, as defined, for the  
                         purpose of having one or more of the effects  
                         listed above.
                    iii)           Creating a false profile, as  
                         defined, for the purpose of having one or more  
                         of the effects listed above.  (EC §  
                         48900(r)(2))
           
          Training
           
          Current law requires the Department of Justice and the  
          California 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 to assist them in the development of  
          their respective school safety and crisis response plans, and  
          provide training in the prevention of bullying.  (Education  
          Code § 32283)
           
          Resources
           
          The Safe Place to Learn Act requires the Superintendent of  







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          Public Instruction to post on the Internet and provide to  
          each 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.  (EC § 234.5)

           ANALYSIS
           
           This bill  requires the California Department of Education to  
          develop an online training module regarding bullying.   
          Specifically, this bill:

          1)   Requires the California Department of Education to  
               develop an online training module to assist all school  
               staff, school administrators, parents, students and  
               community members in increasing their knowledge of the  
               dynamics of bullying and cyberbullying.

          2)   Requires the online training module to include, but not  
               be limited to, identifying an act of bullying or  
               cyberbullying, and implementing strategies to address  
               bullying and cyberbullying.


           STAFF COMMENTS
           
           1)   Existing training  .  The School Community Violence  
               Prevention program was made flexible as part of  
               categorical program reform.  This program provided  
               5-year grants to school districts and county offices of  
               education to address any unmet violence-prevention  
               needs, including training regarding bullying.  Training  
               sessions through this program assist teachers,  
               administrators, parents, students, certificated staff,  
               risk management, and community members to increase their  
               knowledge of the dynamics of bullying, have a greater  
               understanding of a systematic approach to bullying, and  
               increase their skills in identifying and implementing  
               strategies to address bullying.  As this program and  
               funding is being phased-out due to categorical  
               flexibility, few districts and county offices are  







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               conducting training pursuant to this program.   
                http://www.cde.ca.gov/ls/ss/vp/scvptraining.asp?display=m 
               obile   

          Current law requires the Department of Justice and the  
               California 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 to assist them in  
               the development of their respective school safety and  
               crisis response plans, and provide training in the  
               prevention of bullying.  These workshops have not been  
               developed due to a lack of funding.

          This bill ensures that a program of training is available to  
               school districts and county offices of education.  
           
           2)   Existing resources  .  Various resources are currently  
               available to schools, parents, and students about  
               policies, best practices and resources regarding the  
               prevention of bullying.  The website of the California  
               Department of Education contains links to much of this  
               information:

               a)        Resources for parents, administrators, and  
                    students on how bullying can be prevented and  
                    addressed, including publications, sample policies,  
                    and frequently asked questions.   
                     http://www.cde.ca.gov/ls/ss/se/bullyingprev.asp  

               b)        Publications and resources, including  
                    community-based organizations, for educators,  
                    parents, and community members with tools for  
                    recognizing bullying behavior and approaches for  
                    determining how to respond.   
                     http://www.cde.ca.gov/ls/ss/se/bullyres.asp  

               These resources describe strategies to prevent and  
               address bullying, but do not appear to be developed to  
               serve as training modules.  

           3)   Fiscal impact  .  According to the Assembly Appropriations  
               Committee, this bill could impose General Fund  
               administrative costs of $40,000 to the California  







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               Department of Education.  

          4)   Related legislation  .  AB 1455 (Campos) authorizes  
               schools to refer a victim of bullying, or other students  
               affected by bullying, for case management, counseling,  
               and participation in a restorative justice program.  AB  
               1455 is scheduled to be heard in this Committee on June  
               11.

          SB 840 (Lara) requires each local educational agency to  
               develop and implement a policy against bullying.  SB 840  
               was held in the Senate Appropriations Committee.

          SB 231 (Correa) would have required the California Department  
               of Education to establish the California Bullying  
               Prevention Advisory Council for the purpose of providing  
               information about bullying, abuse, safety, and referrals  
               to other agencies.  SB 231 was held in the Assembly  
               Appropriations Committee.

           SUPPORT  

          None on file.

           OPPOSITION

           None on file.