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