Amended in Senate May 28, 2013

Amended in Senate March 20, 2013

Senate Bill No. 231

Introduced by Senator Correa

( begin delete Coauthor: Senator end delete begin insert Coauthors: Senators end insert Block begin insert and Steinberg end insert )

(Coauthors: Assembly Members Ammiano, begin insert Garcia, end insert Lowenthal, and Ting)

February 11, 2013

An act to add Article 11 (commencing with Section 33450) to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, relating to bullying.

LEGISLATIVE COUNSEL’S DIGEST

SB 231, as amended, Correa. Bullying: California Bullying Prevention begin delete Hotline. end delete begin insert Coordinating Center. end insert

Existing law defines “bullying” as any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, as defined, and including one or more acts of sexual harassment, threats, or intimidation, directed against school district personnel or pupils, committed by a pupil or a group of pupils, that would cause a reasonable pupil, as defined, to be in fear of harm to his or her person or property, to experience a substantially detrimental effect on his or her physical or mental health, to experience substantial interference with his or her academic performance, or to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.

This bill would enact the Michael Joseph Berry Peer Abuse Prevention and Awareness Act of 2013, pursuant to which the California Bullying Prevention begin delete Hotline end delete begin insert Coordinating Center end insert would be established begin delete . The hotline would end delete begin insert , to end insert be administered by the State Department of Education. The bill would require the begin delete State Department of Education, in consultation with the Student Mental Health Initiative of the State Department of Health Care Services and other entities deemed appropriate, to contract with an entity that has end delete begin insert Superintendent of Public Instruction to appoint members to a coordinating center advisory council, which would include individuals who have end insert experience in begin insert specified areas, including, among others, end insert hotline telephone services, begin insert social media, and end insert behavioral health services begin delete , crisis prevention and intervention services, suicide prevention and intervention services, and with providing services in a linguistically and culturally competent manner end delete . The bill would begin delete specify the types of information to be communicated to callers to the hotline. The bill would end delete require the begin delete State Department of Education end delete begin insert department end insert to recommend to school districts appropriate guidelines, best practices, and information that school districts may disseminate to pupils and their families about the existence, goals, and objectives of the California Bullying Prevention begin delete Hotline end delete begin insert Coordinating Center, as specified end insert .

The bill would provide that its operation in any fiscal year is contingent upon the certification by the Superintendent begin delete of Public Instruction end delete that sufficient funding is available for the implementation of this bill in that fiscal year begin insert , and would prohibit the use of General Fund moneys to implement the bill end insert .

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

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

SECTION 1.  

Article 11 (commencing with Section 33450) is
added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read:

 

Article 11.  The Michael Joseph Berry Peer Abuse Prevention
and Awareness Act of 2013

 

33450.  

(a) This article shall be known, and may be cited, as
the Michael Joseph Berry Peer Abuse Prevention and Awareness
Act of 2013.

(b) It is the intent of the Legislature to enact legislation to
establish a California Bullying Prevention begin delete Hotline end delete begin insert Coordinating
Center end insert , which shall address issues relating to bullying and peer
abuse, with a particular focus on begin delete those end delete issues that begin delete are impacting end delete
begin insert impact end insert pupils in kindergarten and grades 1 to 12, inclusive, and
their families, peers, and communities.

33451.  

(a) The California Bullying Prevention begin delete Hotline end delete
begin insert Coordinating Center end insert shall be administered by the begin delete State Department
of Education end delete begin insert department end insert .

(b) The begin delete State Department of Education, in consultation with the
Student Mental Health Initiative of the State Department of Health
Care Services and other entities as deemed appropriate by the State
Department of Education, shall contract with an entity that has
experience in end delete begin insert California Bullying Prevention Coordinating Center
shall establish a Coordinating Center Advisory Council. Members
of the advisory council shall include individuals who have
experience in areas including, but end insert begin insert not limited to, end insert all of the
following begin delete areas end delete :

(1) Hotline telephone services begin delete , which end delete begin insert that end insert are nationally
accredited and provided on a regional or statewide basis.

begin insert

(2) Social media, such as texting, blogging, chat rooms, and
other forms of cyber communications.

end insert begin delete

(2)

end delete

begin insert (3) end insert  Behavioral health services.

begin delete

(3)

end delete

begin insert (4) end insert  Crisis prevention and intervention services.

begin delete

(4)

end delete

begin insert (5) end insert  Suicide prevention and intervention services.

begin delete

(5)

end delete

begin insert (6) end insert  Providing services in a linguistically and culturally
competent manner.

begin insert

(7) Other areas related to bullying and peer abuse.

end insert begin insert

(c) Members of the advisory council shall be appointed by the
Superintendent, and serve at his or her pleasure. Members of the
advisory council shall be reimbursed only for reasonable expenses
associated with the performance of their duties, and shall not
receive any salary, per diem, or other compensation.

end insert

33452.  

(a) The begin delete overarching end delete goals and objectives of the
California Bullying Prevention begin delete Hotline end delete begin insert Coordinating Center end insert shall
include, but begin delete not necessarily be end delete begin insert are not end insert limited to, begin delete communicating
with callers and providing information about end delete all of the following:

begin delete

(1) Assessment of the bullying and peer abuse reported by
callers.

end delete begin delete

(2) Ensuring the safety of individuals, as related to bullying and
peer abuse.

end delete begin delete

(3) Educating callers about the causes and prevention of bullying
and peer abuse.

end delete begin delete

(4) Referring callers to resources for addressing bullying and
peer abuse.

end delete begin delete

(b) The specific responsibilities, activities, and services that
shall be provided through the California Bullying Prevention
Hotline shall be determined by the State Department of Education,
in collaboration with the Student Mental Health Initiative of the
State Department of Health Care Services and other entities as
deemed appropriate by the State Department of Education, and
shall also include appropriate input and recommendations from
pupils, advocates, families, community-based organizations, and
individuals who have expertise in issues related to mental health,
peer abuse and bullying, and cultural and linguistic competence.

end delete begin insert

(1) Providing technical assistance to the department, school
districts, and other appropriate entities on best practices,
strategies, and other interventions that may assist in reducing the
incidence of bullying and peer abuse.

end insert begin insert

(2) Providing recommendations through which pupils, families,
school personnel, and other stakeholders may access existing
resources and supports that are related to bullying and peer abuse.

end insert begin insert

(3) Providing recommendations through which the department
may improve the collection and analysis of data related to bullying
and peer abuse.

end insert begin insert

(4) Providing recommendations on future legislation,
regulations, and public policy that could be implemented to reduce
the incidence of bullying and peer abuse.

end insert begin insert

(5) Providing recommendations on future antibullying
communication strategies, such as a bullying prevention hotline.

end insert begin delete

(c)

end delete

begin insert (b) end insert  The begin delete State Department of Education end delete begin insert department end insert shall
recommend to school districts appropriate guidelines, best
practices, and information that school districts may disseminate
to pupils and their families about the existence, goals, and
objectives of the California Bullying Prevention begin delete Hotline end delete
begin insert Coordinating Center end insert .

begin delete

(d)

end delete

begin insert (c) end insert  The begin delete State Department of Education end delete begin insert department end insert shall
recommend begin delete to end delete begin insert that end insert school districts begin delete that end delete begin insert include end insert appropriate
information about the California Bullying Prevention begin delete Hotline also
be included end delete begin insert Coordinating Center end insert on begin delete their end delete begin insert the school district’s end insert
Internet Web begin delete sites and end delete begin insert site, end insert in any begin delete new revisions end delete begin insert revision end insert of begin delete their end delete
begin insert a school’s end insert comprehensive school safety begin delete plans as well as end delete begin insert plan, and
in end insert any new begin delete materials, end delete begin insert material developed that relates to issues of
bullying or peer abuse, end insert such as begin delete their end delete begin insert a school’s end insert annual parent
newsletter begin delete , that are developed relating to issues of bullying or peer
abuse end delete .

begin delete

(e)

end delete

begin insert (d) end insert  The begin delete State Department of Education end delete begin insert department end insert shall also
recommend that school districts provide information on the
California Bullying Prevention begin delete Hotline end delete begin insert Coordinating Center end insert to
all pupils begin delete , and their families, end delete who are involved in any complaint
procedure related to begin delete complaints of end delete peer abuse, bullying,
harassment, or discrimination begin insert , and to their families end insert .

33453.  

begin insert (a) end insert begin insert   end insert The operation of this article in any fiscal year is
contingent upon the certification by the Superintendent that
sufficient funding is available for the implementation of this article
in that fiscal year.

begin insert

(b) General Fund moneys shall not be used to implement this
article.

end insert