BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 2212
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|Author: |Harper |
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|Version: |March 30, 2016 Hearing |
| |Date: June 8, 2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Olgalilia Ramirez |
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Subject: Pupils: suspensions and expulsions: bullying:
electronic acts: video
SUMMARY
This bill expands the definition of "bullying by an electronic
act," to include communication by video.
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.
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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))
3) Defines "electronic act" as the creation or 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," to include communication by video.
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STAFF COMMENTS
1) Need for the bill. Existing law specifies that bullying by
an electronic act means the creation or transmission of a
communication that includes but is not limited to a
message, text, sound or image. The California School Board
Association writing in support of the bill, states that
posting of a video was not included in the prior
legislation and some question if an "image" would include a
video and that adding the term video would provide clarity.
This bill broadens the definition of bullying via an
electronic act, by clarifying that an "electronic act"
means the creation or transmission of communication by
video.
2) Existing authorization 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 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 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 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.
4) Is existing law sufficient? As mentioned, current law
AB 2212 (Harper) Page 4
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already defines an electronic act to mean the creation or
transmission of a communication by means of an electronic
device. Given that creating or transmitting a video must
be done by means of theses devices, it could be argued that
current law provides school districts with the sufficient
authority to suspend or expel a student who engages in
bullying by means of posting, sending or sharing video.
The author's office maintains that while current law
authorizes the suspension or expulsion of students who
engage in bullying by means of an electronic act, the law
does not expressly include communication by video in
definition of how one may communicate by an electronic act.
SUPPORT
American Foundation for Suicide Prevention
Association of Regional Center Agencies
California School Boards Association
Junior League of Long Beach
Junior League of Orange County, California, INC.
Junior Leagues of California State Public Affairs Committee
Regional Center of Orange County
UCLA, Undergraduate Student Association Council
OPPOSITION
ACLU California
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