BILL ANALYSIS Ó
AB 881
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Date of Hearing: April 8, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 881
(Cristina Garcia) - As Introduced February 26, 2015
SUBJECT: Pupils: grounds for suspension and expulsion:
bullying
SUMMARY: Revises, for the purposes of pupil suspension and
expulsion, the definition of bullying via an electronic act from
the "creation and transmission" of a communication to the
"creation or transmission" of a communication, via an electronic
device, originated on or off the schoolsite.
EXISTING LAW:
1)Provides that a pupil may be suspended or expelled for
committing any of a number of specified acts. (Education Code
(EC) Sections 48900, 48900.2, 48900.3, 48900.4, 48900.7)
2)Defines "bullying" to mean any severe or pervasive physical or
verbal act or conduct, including communications made in
writing or by means of an electronic act, and including one or
more acts committed by a pupil or group of pupils as defined
in EC Sections 48900.2, 48900.3, or 48900.4, directed toward
one or more pupils that has or can be reasonably predicted to
have the effect of one or more of the following:
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a) Placing a reasonable pupil or pupils in fear of harm to
that pupil's or those pupils' person or property.
b) Causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health.
c) Causing a reasonable pupil to experience substantial
interference with his or her academic performance.
d) Causing a reasonable pupil to experience substantial
interference with his or her ability to participate in or
benefit from the services, activities, or privileges
provided by a school. (EC 48900)
3)Defines "electronic act" to mean the creation and transmission
of a communication, 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, including, but not
limited to, any of the following:
a) A message, text, sound, or image.
b) A post on a social network Internet Web site including,
but not limited to:
i) Posting to or creating a burn page. "Burn page"
means an Internet Web site created for the purpose of
having one or more of the effects specified under the
definition of bullying.
ii) Creating a credible impersonation of another actual
pupil for the purpose of having one or more of the
effects specified under the definition of bullying.
"Credible impersonation" means to knowingly and without
consent impersonate a pupil for the purpose of bullying
the pupil and such that another pupil would reasonably
believe, or has reasonably believed, that the pupil was
or is the pupil who was impersonated.
iii) Creating a false profile for the purpose of having
one or more of the effects specified under the definition
of bullying. "False profile" means a profile of a
fictitious pupil or a profile using the likeness or
attributes of an actual pupil other than the pupil who
created the false profile. (EC 48900)
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4)Specifies that an electronic act shall not constitute
pervasive conduct solely on the basis that it has been
transmitted on the Internet or is currently posted on the
Internet. (EC 48900)
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: Under existing law, a principal or a superintendent
may suspend or recommend expulsion of a pupil for committing any
of a number of specified acts, including bullying and bullying
via an electronic act (cyberbullying). "Bullying" 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, and including one or more acts committed by a
pupil or group of pupils engaging in sexual harassment, hate
violence, harassment, threats, or intimidation, directed toward
one or more pupils that has or can be reasonably predicted to
cause fear and have an impact on a student's physical and mental
health, academic performance, or a student's ability to
participate in school and school activities.
AB 256 (Garcia), Chapter 700, Statutes of 2013, amended the
definition of an "electronic act" to mean the creation and
transmission of a communication, by means of an electronic
device, that may be originated on or off the schoosite. Prior
to AB 256, the definition of an "electronic act" only referenced
the transmission of a communication via an electronic device,
and was silent on whether the act must be generated and/or
transmitted on or off the schoolsite. While the courts have
ruled that cyberbullying is contingent on whether an action
causes a substantial disruption to school activities or work of
a school, regardless of where the action took place, AB 256 made
it clear in the law that where the communication was created and
transmitted does not matter. Concerns have been raised that AB
256 may have inadvertently narrowed the definition of bullying
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via an electronic act, by defining "electronic act" as the
creation and transmission of a communication, which limits a
principal or superintendent's ability to suspend or expel a
pupil to only those incidences where a pupil created and
transmitted a communication via an electronic device, and
prevents a principal or superintendent from suspending or
recommending expulsion if a pupil did not create the
communication but took part in transmitting it to others. This
bill changes "creation and transmission" to "creation or
transmission." This bill will not result in automatic
suspension or expulsion. Principals and superintendents
continue to have the discretion to determine whether the act
causes a substantial disruption to school activities or work of
a school.
Arguments in support. The Association of Regional Center
Agencies supports the bill and states, "Cyber-bullying has made
it possible for individuals whose torment might be somewhat more
limited and public be pervasive, constant, and (literally)
global. Current law describes, for the purposes of bullying,
text messages and social media posts, among other new methods of
communication. But it erroneously limits the definition to mean
both the act of creation and transmission. This eliminates every
act of forwarding, copying, or sharing onwards any act of
bullying. This bill solves this oversight with a very concise
stroke of the pen, ensuring a closer adherence to the intent of
the law."
Arguments in opposition. Public Counsel opposes the bill and
argues that suspension of pupils is ineffective in preventing or
stopping bullying. "Instead of reducing the likelihood of
behavioral incidents, school suspension in general appears to
predict higher future rates of misbehavior and suspension among
those students who are suspended," states the organization.
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Previous legislation. AB 1450 (Garcia) introduced last year, is
identical to this bill. The bill passed this Committee, the
Assembly, and the Senate Education Committee with no "no" votes.
The author later struck the contents of the bill and used the
vehicle for another subject.
Previous related legislation. AB 256 (Garcia), Chapter 700,
Statutes of 2013, specifies, for the purposes of pupil
suspensions and expulsions, that bullying via an "electronic
act" means the creation and transmission of a communication by
means of an electronic device, as specified, that was originated
on or off the schoolsite.
AB 1732 (Campos), Chapter 157, Statutes of 2012, specifies that
bullying via an electronic act using a post on a social network
Internet Web site includes a posting to or creating a burn page,
creating a credible impersonation of another actual person, and
creating a false profile.
AB 746 (Campos), Chapter 72, Statutes of 2011, expands the
definition of bullying by means of an electronic act to include
a post on a social network Internet Web site.
AB 1156 (Eng), Chapter 732, Statutes of 2011, authorizes
training in the prevention of bullying, gives priority for
interdistrict transfers to victims of bullying, and revises the
definition of bullying.
REGISTERED SUPPORT / OPPOSITION:
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Support
Association of California Regional Center Agencies
California Association for Health, Physical Education,
Recreation and Dance
California Federation of Teachers
State Public Affairs Committee of the Junior Leagues of
California
Opposition
ACLU
GSA Network of California
Legal Services for Children
Public Counsel
Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087
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