BILL ANALYSIS Ó
AB 2212
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
2212 (Harper)
As Amended August 16, 2016
Majority vote
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|ASSEMBLY: |78-0 |(May 12, 2016) |SENATE: |38-0 |(August 18, |
| | | | | |2016) |
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Original Committee Reference: ED.
SUMMARY: Defines "bullying via an electronic act" to mean the
creation or transmission of a communication by means of an
electronic device that includes a video.
The Senate amendments added double jointing provisions to avoid
chaptering out problems with AB 2536 (Chau) of the current
legislative session.
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
AB 2212
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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
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
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academically and can result in lasting trauma."
Analysis Prepared by:
Sophia Kwong Kim / ED. / (916) 319-2087 FN:
0004519