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 AB 1993 Page 2 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 AB 1993 Page 3 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 AB 1993 Page 4 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 AB 1993 Page 5 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.