BILL ANALYSIS Ó
AB 2212
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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.
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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
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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
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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.
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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
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University of California, Los Angeles Undergraduate Students
Association Council
Opposition
None on file
Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087