SB 231,
as amended, Correa. Bullying: California Bullying Preventionbegin delete Coordinating Center.end deletebegin insert Clearinghouse.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 Preventionbegin delete Coordinating Centerend deletebegin insert Clearinghouseend insert would be established, to be administered by the State Department of Education. The bill would require the Superintendent of Public Instruction to appoint members to abegin delete coordinating center advisory council,end deletebegin insert clearinghouse, California Bullying Prevention Advisory Councilend insert which would include individuals who have experience in specified areas, including, among others, hotline telephone services, social media, and behavioral health services.begin delete Theend delete
begin insert The bill would require the department to maintain the clearinghouse under the guidance of the clearinghouse advisory council, and would, among other things, require that the clearinghouse act as a repository of information on antibullying resources, links, and available services. Theend insert bill would require the department 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 Preventionbegin delete Coordinating Centerend deletebegin insert
Clearinghouseend insert, as specified.
The bill would provide that its operation in any fiscal year is contingent upon the certification by the Superintendent that sufficient funding is available for the implementation of this bill in that fiscal year, and would prohibit the use of General Fund moneys to implement the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Article 11 (commencing with Section 33450) is
2added to Chapter 3 of Part 20 of Division 2 of Title 2 of the 3Education Code, to read:
4
(a) This article shall be known, and may be cited, as
9the Michael Joseph Berry Peer Abuse Prevention and Awareness
10Act of 2013.
11(b) It is the intent of the Legislature to enact legislation to
12establish a California Bullying Preventionbegin delete Coordinating Centerend delete
P3 1begin insert Clearinghouseend insert, which shall address issues relating to bullying and
2peer abuse, with a particular focus on issues that
impact pupils in
3kindergarten and grades 1 to 12, inclusive, and their families, peers,
4and communities.
(a) The California Bullying Preventionbegin delete Coordinating begin insert Clearinghouse is hereby established, and end insertshall be
6Center end delete
7administered by the department.
8(b) The begin deleteCalifornia Bullying Prevention Coordinating Centerend delete
9begin insert Superintendent end insert shall establish abegin delete Coordinating Centerend deletebegin insert
California
10Bullying Preventionend insert Advisory Council. Members of the advisory
11council shall include individuals who have experience in areas
12including, but notbegin insert necessarilyend insert limited to, all of the following:
13(1) Hotline telephone services that are nationally accredited and
14provided on a regional or statewide basis.
15(2) Social media, such as texting, blogging, chat rooms, and
16other forms of cyber communications.
17(3) Behavioral health services.
18(4) Crisis prevention and intervention services.
19(5) Suicide prevention and intervention services.
20(6) Providing services in a linguistically and culturally
21competent manner.
22(7) Other areas related to bullying and peer abuse.
23(c) Members of the advisory council shall be appointed by the
24Superintendent, and serve at his or her pleasure. Members of the
25advisory council shall be reimbursed only for reasonable expenses
26associated with the performance of their duties, and shall not
27receive any salary, per diem, or other compensation.
(a) Thebegin delete goals and objectives of the California Bullying begin insert duties of the advisory councilend insert shall
29Prevention Coordinating Centerend delete
30include, but are notbegin insert necessarilyend insert limited to, all of the following:
31(1) Providing technical assistance to the department, school
32districts, and other appropriate entities on best practices, strategies,
33and other interventions that may assist in reducing the incidence
34
of bullying and peer abuse.
35(2) Providing recommendations through which pupils, families,
36school personnel, and other stakeholders may access existing
37resources and supports that are related to bullying and peer abuse.
38(3) Providing recommendations through which the department
39may improve the collection and analysis of data related to bullying
40and peer abuse.
P4 1(4) Providing recommendations on future legislation,
2regulations, and public policy that could be implemented to reduce
3the incidence of bullying and peer abuse.
4(5) Providing recommendations on future antibullying
5communication strategies, such as a bullying prevention hotline.
6(b) The department shall maintain the California Bullying
7Prevention Clearinghouse under the guidance of the advisory
8council. The responsibilities of the clearinghouse include, but are
9not necessarily limited to, all of the following:
10(1) Acting as a repository of information about antibullying
11resources, links, and available services.
12(2) Establishing guidelines, best practices, and information that
13school districts may disseminate to pupils and their families.
14(3) Establishing recommendations that a school district may
15include on bullying prevention measures on a school district’s
16Internet Web site, in any revision of a school’s comprehensive
17school safety plan, and in any new material developed on issues
18related to bullying or peer abuse, such as a
school’s annual parent
19notification.
20(b)
end delete
21begin insert(end insertbegin insertc)end insert The department shall recommend to school districts
22appropriate guidelines, best practices, and information that school
23districts may disseminate to pupils and their families about the
24existence, goals, and
objectives of the California Bullying
25Prevention begin deleteCoordinating Centerend deletebegin insert Clearinghouseend insert.
26(c)
end delete
27begin insert(end insertbegin insertd)end insert The department shall recommend that school districts include
28appropriate information about the California Bullying Prevention
29begin deleteCoordinating Center end deletebegin insertClearinghouse
end inserton the school district’s Internet
30Web site, in any revision of a school’s comprehensive school safety
31plan, and in any new material developed that relates to issues of
32bullying or peer abuse, such as a school’s annual parent newsletter
33.
34(d)
end delete
35begin insert(end insertbegin inserte)end insert The department shall also recommend that school districts
36provide information on the California Bullying Prevention
37begin delete Coordinating Centerend deletebegin insert
Clearinghouseend insert to all pupils who are involved
38in any complaint procedure related to peer abuse, bullying,
39harassment, or discrimination, and to their families.
(a) The operation of this article in any fiscal year is
2contingent upon the certification by the Superintendent that
3sufficient funding is available for the implementation of this article
4in that fiscal year.
5(b) General Fund moneys shall not be used to implement this
6article.
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