BILL ANALYSIS Ó AB 2212 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 2212 (Harper) - As Amended March 30, 2016 SUBJECT: Pupils: suspensions and expulsions: bullying: electronic acts: video SUMMARY: Defines "bullying an electronic act" to mean the creation or transmission of a communication by means of an electronic device that includes a video. 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: a) Placing a reasonable pupil or pupils in fear of harm to that pupil's or those pupils' person or property. AB 2212 Page 2 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 or 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) 4)Specifies that an electronic act shall not constitute AB 2212 Page 3 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. Harassment, discrimination, intimidation and bullying can create a school climate of fear and disrespect that can result in conditions that negatively affect learning. Under current law, alternative means of corrections, such as counseling, are required prior to suspending a student. Bullying via an electronic act is defined as the creation or transmission of a message, text, sound, image, or post on a social network Internet Web site via an electronic device. This bill adds videos to that definition. Videos are a form of image that can be transmitted via an electronic device. As such, principals and superintendents are already likely able to suspend or recommend expulsion of a pupil who makes or shares a AB 2212 Page 4 video to harass or bully another student. Nevertheless, a video is consistent with a message, text, sound, or image. Taking a video in and of itself would not constitute grounds for suspension, but using or sharing the video to harass or humiliate another student would. The Regional Center of Orange County, writing in support of the bill, states, "For years, bullying has been a long-standing problem and concern in our schools. With more recent advances in technology, digital and electronic bullying further expands the scope of how students can be threatened, harmed, intimidated or harassed. As a community, we collectively strike to provide a positive learning environment for our children and students that is, to the greatest degree possible, free from emotional, physical and psychological harm. Bullying, in any form, disrupts and interferes with a student's ability to thrive academically and can result in lasting trauma." Related legislation. AB 2536 (Chau), pending in the Assembly Appropriations Committee, adds to the definition of bullying via an electronic act "an act of sexting" and requires instruction on sexual health to include information on sexting. Prior 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 the 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 2212 Page 5 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: Support American Foundation for Suicide Prevention Association of Regional Center Agencies California School Boards Association Junior Leagues of California Regional Center of Orange County AB 2212 Page 6 University of California, Los Angeles Undergraduate Students Association Council Opposition None on file Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087