BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2212


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          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,      |
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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