BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 881
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|Author: |Cristina Garcia |
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|Version: |February 26, 2015 Hearing Date: |
| | June 10, 2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Olgalilia Ramirez |
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Subject: Pupils: grounds for suspension and expulsion:
bullying
SUMMARY
This bill expands the definition of" bullying by an electronic
act," from the "creation and transmission" of a communication to
the "creation or transmission" of a communication by means of an
electronic device.
BACKGROUND
Existing law:
1)Prohibits a pupil from being suspended or recommended for
expulsion unless the principal of the school determines that
the pupil has committed certain acts, and gives schools the
discretion to take action for most offenses.
(Education Code § 48900)
2)Authorizes, schools to suspend or recommend for expulsion a
pupil 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 pupils 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.
AB 881 (Cristina Garcia) Page 2
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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 participate in or
benefit from the services, activities, or privileges
provided by a school. (EC § 48900(r)(1))
1)Defines "electronic act" as the creation and transmission of
a communication originated on or off school sites, 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))
ANALYSIS
1)This bill expands the definition of "bullying by an electronic
act," from the "creation and transmission" of a communication
to the "creation or transmission" of a communication by means
of an electronic device.
STAFF COMMENTS
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1)Need for the bill: According to the author, concerns have been
raised that prior legislation, AB 256, may have inadvertently
narrowed the definition of bullying via an electronic act, by
defining "electronic act" as the creation and transmission of
a communication. These provisions limit a principal or
superintendent's ability to suspend or expel a student to only
those incidences where a student created and transmitted a
communication via an electronic device. A principal or
superintendent is unable to suspend or recommend expulsion if
a student did not create the communication but took part in
transmitting it to others.
This bill broadens the definition of bullying via an
electronic act, by clarifying that an "electronic act" means
the creation or transmission of any communication.
2)Currently authorized to suspend or recommend for expulsion.
Existing law authorizes schools to suspend, or recommend for
expulsion, a student who has been found to engage in an act of
bullying provided that the behavior is related to attendance
or school activity regardless of the time of day.
Prior to suspending a student for bullying, schools must first
determine that the victim is in fear of harm, the act has a
substantially detrimental effect on the victim's health,
academic performance, or the victim experiences substantial
interference with his or her ability to participate in or
benefit from school services or activities. As such, a student
cannot be suspended or recommended for expulsion unless the
act disrupts a school activity or attendance.
3)Alternatives to out-of-school suspension. Existing law provides
that suspension may be imposed only when other means of
correction fail to bring about proper conduct. Before a
student can be suspended, an informal conference between the
principal, student and whenever practicable, the teacher,
supervisor or school employee must take place. Schools may
also consider alternative forms of corrective action, such as
in-school suspension.
This bill provides an additional tool for addressing student
conduct issues should alternative means of corrective action
fail.
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4) PRIOR LEGISLATION
AB 1450 (Garcia, 2014) which is identical to this bill was
subsequently gutted and amended on the Senate floor. AB 1450
passed this committee 7-2 and was transmitted to the Senate
Floor.
SUPPORT
California Association for Health, Physical Education,
Recreation and Dance (CAHPERD)
California Federation of Teachers
California School Boards Association
California Teachers Association
San Francisco Unified School District
State Public Affairs Committee Junior Leagues of California
OPPOSITION
American Civil Liberties Union of California
Gay-Straight Alliance Network of California
National Center for Youth Law
Public Counsel
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