BILL ANALYSIS Ó AB 2212 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2212 (Harper) As Amended August 16, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 12, 2016) |SENATE: |38-0 |(August 18, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 Page 2 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 AB 2212 Page 3 academically and can result in lasting trauma." Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0004519