AB 2536, as amended, Chau. Pupil discipline and safety: cyber sexual bullying.
(1) Existing law prohibits the suspension of a pupil from school or the recommendation of a pupil for expulsion from school unless the school district superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed any of several specified acts, including, but not limited to, engaging in acts of bullying by means of an electronic act.
This bill would include engaging in an act of cyber sexual bullying, as defined, as an act of bullying by means of an electronic act for which a pupil may be suspended or expelled from school.
(2) Existing law requires the State Department of Education to display current information, and periodically update information, on curricula and other resources that specifically address bias-related discrimination, harassment, intimidation, and bullying based on certain actual or perceived characteristics on the California Healthy Kids Resource Center Internet Web site and other appropriate department Internet Web sites where information about discrimination, harassment, intimidation, and bullying is posted.
This bill would add cyber sexual bullying to this list of topics on which the department would be required to provide information. The bill would require the department to annually inform school districts of the information on the California Healthy Kids Resource Center Internet Web site and other appropriate department Internet Web sites where information about cyber sexual bullying is posted. The bill would encourage school districts to inform pupils regarding the available information and resources on the department’s Internet Web sites regarding the dangers and consequences of cyber sexual bullying to help reduce the instances of cyber sexual bullying.
begin insert(3) This bill would incorporate additional changes to Section 48900 of the Education Code proposed by AB 2212 that would become operative if this bill and AB 2212 are both enacted and this bill is enacted last.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 234.2 of the Education Code is amended
2to read:
(a) The department shall display current information,
4and periodically update information, on curricula and other
5resources that specifically address bias-related discrimination,
6harassment, intimidation, cyber sexual bullying, as defined in
7Section 48900, and bullying based on any of the actual or perceived
8characteristics set forth in Section 422.55 of the Penal Code and
9Section 220 on the California Healthy Kids Resource Center
10Internet Web site and other appropriate department Internet Web
11sites where information about discrimination, harassment,
12
intimidation, cyber sexual bullying, and bullying is posted.
13(b) The department shall annually inform school districts of the
14information on the California Healthy Kids Resource Center
15Internet Web site and other appropriate department Internet Web
P3 1sites where information about cyber sexual bullying is posted
2pursuant to subdivision (a). The department may use electronic
3mail to inform school districts of this information.
4(c) School districts are encouraged to inform pupils regarding
5the available information and resources on the department’s
6Internet Web sites regarding the dangers and consequences of
7cyber sexual bullying to help reduce the instances of cyber sexual
8bullying.
Section 48900 of the Education Code is amended to
10read:
A pupil shall not be suspended from school or
12recommended for expulsion, unless the superintendent of the school
13district or the principal of the school in which the pupil is enrolled
14determines that the pupil has committed an act as defined pursuant
15to any of subdivisions (a) to (r), inclusive:
16(a) (1) Caused, attempted to cause, or threatened to cause
17physical injury to another person.
18(2) Willfully used force or violence upon the person of another,
19except in self-defense.
20(b) Possessed, sold, or otherwise furnished a firearm, knife,
21explosive, or other dangerous
object, unless, in the case of
22possession of an object of this type, the pupil had obtained written
23permission to possess the item from a certificated school employee,
24which is concurred in by the principal or the designee of the
25principal.
26(c) Unlawfully possessed, used, sold, or otherwise furnished,
27or been under the influence of, a controlled substance listed in
28Chapter 2 (commencing with Section 11053) of Division 10 of the
29Health and Safety Code, an alcoholic beverage, or an intoxicant
30of any kind.
31(d) Unlawfully offered, arranged, or negotiated to sell a
32controlled substance listed in Chapter 2 (commencing with Section
3311053) of Division 10 of the Health and Safety Code, an alcoholic
34beverage, or an intoxicant of any kind, and either sold, delivered,
35or otherwise
furnished to a person another liquid, substance, or
36material and represented the liquid, substance, or material as a
37controlled substance, alcoholic beverage, or intoxicant.
38(e) Committed or attempted to commit robbery or extortion.
39(f) Caused or attempted to cause damage to school property or
40private property.
P4 1(g) Stole or attempted to steal school property or private
2property.
3(h) Possessed or used tobacco, or products containing tobacco
4or nicotine products, including, but not limited to, cigarettes, cigars,
5miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
6packets, and betel. However, this section does not prohibit the use
7or
possession by a pupil of his or her own prescription products.
8(i) Committed an obscene act or engaged in habitual profanity
9or vulgarity.
10(j) Unlawfully possessed or unlawfully offered, arranged, or
11negotiated to sell drug paraphernalia, as defined in Section 11014.5
12of the Health and Safety Code.
13(k) (1) Disrupted school activities or otherwise willfully defied
14the valid authority of supervisors, teachers, administrators, school
15officials, or other school personnel engaged in the performance of
16their duties.
17(2) Except as provided in Section 48910, a pupil enrolled in
18kindergarten or any of grades 1 to 3, inclusive, shall not be
19suspended for
any of the acts enumerated in this subdivision, and
20this subdivision shall not constitute grounds for a pupil enrolled
21in kindergarten or any of grades 1 to 12, inclusive, to be
22recommended for expulsion. This paragraph shall become
23inoperative on July 1, 2018, unless a later enacted statute that
24becomes operative before July 1, 2018, deletes or extends that
25date.
26(l) Knowingly received stolen school property or private
27property.
28(m) Possessed an imitation firearm. As used in this section,
29“imitation firearm” means a replica of a firearm that is so
30substantially similar in physical properties to an existing firearm
31as to lead a reasonable person to conclude that the replica is a
32firearm.
33(n) Committed or attempted to commit a sexual assault as
34defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
35Code or committed a sexual battery as defined in Section 243.4
36of the Penal Code.
37(o) Harassed, threatened, or intimidated a pupil who is a
38complaining witness or a witness in a school disciplinary
39proceeding for purposes of either preventing that pupil from being
P5 1a witness or retaliating against that pupil for being a witness, or
2both.
3(p) Unlawfully offered, arranged to sell, negotiated to sell, or
4sold the prescription drug Soma.
5(q) Engaged in, or attempted to engage in, hazing. For purposes
6of this subdivision, “hazing” means a method of initiation or
7preinitiation into
a pupil organization or body, whether or not the
8organization or body is officially recognized by an educational
9institution, that is likely to cause serious bodily injury or personal
10degradation or disgrace resulting in physical or mental harm to a
11former, current, or prospective pupil. For purposes of this
12subdivision, “hazing” does not include athletic events or
13
school-sanctioned events.
14(r) Engaged in an act of bullying. For purposes of this
15subdivision, the following terms have the following meanings:
16(1) “Bullying” means any severe or pervasive physical or verbal
17act or conduct, including communications made in writing or by
18means of an electronic act, and including one or more acts
19committed by a pupil or group of pupils as defined in Section
2048900.2, 48900.3, or 48900.4, directed toward one or more pupils
21that has or can be reasonably predicted to have the effect of one
22or more of the following:
23(A) Placing a reasonable pupil or pupils in fear of harm to that
24pupil’s or those pupils’ person or property.
25(B) Causing a reasonable pupil to experience a substantially
26detrimental effect on his or her physical or mental health.
27(C) Causing a reasonable pupil to experience substantial
28interference with his or her academic performance.
29(D) Causing a reasonable pupil to experience substantial
30interference with his or her ability to participate in or benefit from
31the services, activities, or privileges provided by a school.
32(2) (A) “Electronic act” means the creation or transmission
33originated on or off the schoolsite, by means of an electronic
34device, including, but not limited to, a telephone, wireless
35telephone, or other wireless communication device, computer, or
36pager, of a communication, including,
but not limited to, any of
37the following:
38(i) A message, text, sound, or image.
39(ii) A post on a social network Internet Web site, including, but
40not limited to:
P6 1(I) Posting to or creating a burn page. “Burn page” means an
2Internet Web site created for the purpose of having one or more
3of the effects listed in paragraph (1).
4(II) Creating a credible impersonation of another actual pupil
5for the purpose of having one or more of the effects listed in
6paragraph (1). “Credible impersonation” means to knowingly and
7without consent impersonate a pupil for the purpose of bullying
8the pupil and such that another pupil would reasonably believe, or
9has
reasonably believed, that the pupil was or is the pupil who was
10impersonated.
11(III) Creating a false profile for the purpose of having one or
12more of the effects listed in paragraph (1). “False profile” means
13a profile of a fictitious pupil or a profile using the likeness or
14attributes of an actual pupil other than the pupil who created the
15false profile.
16(iii) An act of cyber sexual bullying.
17(I) For purposes of this clause, “cyber sexual bullying” means
18the dissemination of, or the solicitation or incitement to
19disseminate, a photograph or other visual recording by a pupil to
20another pupil or to school personnel by means of an electronic act
21begin delete with the purpose or effect of humiliating or harassing a pupil.end deletebegin insert
that
22has or can be reasonably predicted to have one or more of the
23effects described in subparagraphs (A) to (D), inclusive, of
24paragraph (1).end insert A photograph or other visual recording, as described
25above, shall include the depiction of a nude, semi-nude, or sexually
26explicit photograph or other visual recording of a minor where the
27minor is identifiable from the photograph, visual recording, or
28other electronic act.
29(II) For purposes of this clause, “cyber sexual bullying” does
30not include a depiction, portrayal, or image that has any serious
31literary, artistic, educational, political, or scientific value or that
32involves athletic events or school-sanctioned activities.
33(B) Notwithstanding paragraph (1) and subparagraph (A), an
34electronic act shall not
constitute pervasive conduct solely on the
35basis that it has been transmitted on the Internet or is currently
36posted on the Internet.
37(3) “Reasonable pupil” means a pupil, including, but not limited
38to, an exceptional needs pupil, who exercises average care, skill,
39and judgment in conduct for a person of his or her age, or for a
40person of his or her age with his or her exceptional needs.
P7 1(s) A pupil shall not be suspended or expelled for any of the
2acts enumerated in this section unless the act is related to a school
3activity or school attendance occurring within a school under the
4jurisdiction of the superintendent of the school district or principal
5or occurring within any other school district. A pupil may be
6suspended or expelled for acts that are enumerated in this section
7and
related to a school activity or school attendance that occur at
8any time, including, but not limited to, any of the following:
9(1) While on school grounds.
10(2) While going to or coming from school.
11(3) During the lunch period whether on or off the campus.
12(4) During, or while going to or coming from, a
13school-sponsored activity.
14(t) A pupil who aids or abets, as defined in Section 31 of the
15Penal Code, the infliction or attempted infliction of physical injury
16to another person may be subject to suspension, but not expulsion,
17pursuant to this section, except that a pupil who has been adjudged
18by a juvenile
court to have committed, as an aider and abettor, a
19crime of physical violence in which the victim suffered great bodily
20injury or serious bodily injury shall be subject to discipline pursuant
21to subdivision (a).
22(u) As used in this section, “school property” includes, but is
23not limited to, electronic files and databases.
24(v) For a pupil subject to discipline under this section, a
25superintendent of the school district or principal may use his or
26her discretion to provide alternatives to suspension or expulsion
27that are age appropriate and designed to address and correct the
28pupil’s specific misbehavior as specified in Section 48900.5.
29(w) It is the intent of the Legislature that alternatives to
30suspension or expulsion be
imposed against a pupil who is truant,
31tardy, or otherwise absent from school activities.
begin insertSection 48900 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
33read:end insert
A pupil shall not be suspended from school or
35recommended for expulsion, unless the superintendent of the school
36district or the principal of the school in which the pupil is enrolled
37determines that the pupil has committed an act as defined pursuant
38to any of subdivisions (a) to (r), inclusive:
39(a) (1) Caused, attempted to cause, or threatened to cause
40physical injury to another person.
P8 1(2) Willfully used force or violence upon the person of another,
2except in self-defense.
3(b) Possessed, sold, or otherwise furnished a firearm, knife,
4explosive, or other dangerous object, unless, in the case of
5possession of an object of this type,
the pupil had obtained written
6permission to possess the item from a certificated school employee,
7which is concurred in by the principal or the designee of the
8principal.
9(c) Unlawfully possessed, used, sold, or otherwise furnished,
10or been under the influence of, a controlled substance listed in
11Chapter 2 (commencing with Section 11053) of Division 10 of the
12Health and Safety Code, an alcoholic beverage, or an intoxicant
13of any kind.
14(d) Unlawfully offered, arranged, or negotiated to sell a
15controlled substance listed in Chapter 2 (commencing with Section
1611053) of Division 10 of the Health and Safety Code, an alcoholic
17beverage, or an intoxicant of any kind, and either sold, delivered,
18or otherwise furnished to a person another liquid, substance, or
19material and represented the liquid, substance, or material as a
20controlled substance, alcoholic beverage, or intoxicant.
21(e) Committed or attempted to commit robbery or extortion.
22(f) Caused or attempted to cause damage to school property or
23private property.
24(g) Stole or attempted to steal school property or private
25property.
26(h) Possessed or used tobacco, or products containing tobacco
27or nicotine products, including, but not limited to, cigarettes, cigars,
28miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
29packets, and betel. However, this section does not prohibit the use
30or possession by a pupil of his or her own prescription products.
31(i) Committed an obscene act or engaged in habitual profanity
32or vulgarity.
33(j) Unlawfully
possessed or unlawfully offered, arranged, or
34negotiated to sell drug paraphernalia, as defined in Section 11014.5
35of the Health and Safety Code.
36(k) (1) Disrupted school activities or otherwise willfully defied
37the valid authority of supervisors, teachers, administrators, school
38officials, or other school personnel engaged in the performance of
39their duties.
P9 1(2) Except as provided in Section 48910, a pupil enrolled in
2kindergarten or any of grades 1 to 3, inclusive, shall not be
3suspended for any of the acts enumerated in this subdivision, and
4this subdivision shall not constitute grounds for a pupil enrolled
5in kindergarten or any of grades 1 to 12, inclusive, to be
6recommended for expulsion. This paragraph shall become
7inoperative on July 1, 2018, unless a later enacted statute that
8becomes operative before July 1, 2018, deletes or extends that
9date.
10(l) Knowingly received stolen school property or private
11property.
12(m) Possessed an imitation firearm. As used in this section,
13“imitation firearm” means a replica of a firearm that is so
14substantially similar in physical properties to an existing firearm
15as to lead a reasonable person to conclude that the replica is a
16firearm.
17(n) Committed or attempted to commit a sexual assault as
18defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
19Code or committed a sexual battery as defined in Section 243.4
20of the Penal Code.
21(o) Harassed, threatened, or intimidated a pupil who is a
22complaining witness or a witness in a school disciplinary
23proceeding for purposes of either preventing that pupil from being
24a witness or retaliating against that
pupil for being a witness, or
25both.
26(p) Unlawfully offered, arranged to sell, negotiated to sell, or
27sold the prescription drug Soma.
28(q) Engaged in, or attempted to engage in, hazing. For purposes
29of this subdivision, “hazing” means a method of initiation or
30preinitiation into a pupil organization or body, whether or not the
31organization or body is officially recognized by an educational
32institution, that is likely to cause serious bodily injury or personal
33degradation or disgrace resulting in physical or mental harm to a
34former, current, or prospective pupil. For purposes of this
35subdivision, “hazing” does not include athletic events or
36school-sanctioned events.
37(r) Engaged in an act of bullying. For purposes of this
38subdivision, the following terms have the following meanings:
39(1) “Bullying” means any severe or pervasive physical or verbal
40act or conduct, including communications made in writing or by
P10 1means of an electronic act, and including one or more acts
2committed by a pupil or group of pupils as defined in Section
348900.2, 48900.3, or 48900.4, directed toward one or more pupils
4that has or can be reasonably predicted to have the effect of one
5or more of the following:
6(A) Placing a reasonable pupil or pupils in fear of harm to that
7pupil’s or those pupils’ person or property.
8(B) Causing a reasonable pupil to experience a substantially
9detrimental effect on his or her physical or mental health.
10(C) Causing a reasonable pupil to experience substantial
11interference with his or her academic performance.
12(D) Causing a reasonable pupil to experience substantial
13interference with his or her ability to participate in or benefit from
14the services, activities, or privileges provided by a school.
15(2) (A) “Electronic act” means the creation or transmission
16originated on or off the schoolsite, by means of an electronic
17device, including, but not limited to, a telephone, wireless
18telephone, or other wireless communication device, computer, or
19pager, of a communication, including, but not limited to, any of
20the following:
21(i) A message, text, sound,begin insert video,end insert or image.
22(ii) A post on a social network Internet Web site, including, but
23not
limited to:
24(I) Posting to or creating a burn page. “Burn page” means an
25Internet Web site created for the purpose of having one or more
26of the effects listed in paragraph (1).
27(II) Creating a credible impersonation of another actual pupil
28for the purpose of having one or more of the effects listed in
29paragraph (1). “Credible impersonation” means to knowingly and
30without consent impersonate a pupil for the purpose of bullying
31the pupil and such that another pupil would reasonably believe, or
32has reasonably believed, that the pupil was or is the pupil who was
33impersonated.
34(III) Creating a false profile for the purpose of having one or
35more of the effects listed in paragraph (1). “False profile” means
36a profile of a fictitious pupil or a profile using the likeness or
37attributes of an actual pupil other than the pupil
who created the
38false profile.
39
(iii) An act of cyber sexual bullying.
P11 1
(I) For purposes of this clause, “cyber sexual bullying” means
2the dissemination of, or the solicitation or incitement to
3disseminate, a photograph or other visual recording by a pupil to
4another pupil or to school personnel by means of an electronic
5act that has or can be reasonably predicted to have one or more
6of the effects described in subparagraphs (A) to (D), inclusive, of
7paragraph (1). A photograph or other visual recording, as
8described above, shall include the depiction of a nude, semi-nude,
9or sexually explicit photograph or other visual recording of a
10minor where the minor is identifiable from the photograph, visual
11recording, or other electronic act.
12
(II) For purposes of this clause, “cyber sexual bullying” does
13not include a depiction, portrayal, or image that has any serious
14literary, artistic, educational, political, or scientific value or that
15involves athletic events or school-sanctioned activities.
16(B) Notwithstanding paragraph (1) and subparagraph (A), an
17electronic act shall not constitute pervasive conduct solely on the
18basis that it has been transmitted on the Internet or is currently
19posted on the Internet.
20(3) “Reasonable pupil” means a pupil, including, but not limited
21to, an exceptional needs pupil, who exercises average care, skill,
22and judgment in conduct for a person of his or her age, or for a
23person of his or her age with his or her exceptional needs.
24(s) A pupil shall not be suspended or expelled for any of
the
25acts enumerated in this section unless the act is related to a school
26activity or school attendance occurring within a school under the
27jurisdiction of the superintendent of the school district or principal
28or occurring within any other school district. A pupil may be
29suspended or expelled for acts that are enumerated in this section
30and related to a school activity or school attendance that occur at
31any time, including, but not limited to, any of the following:
32(1) While on school grounds.
33(2) While going to or coming from school.
34(3) During the lunch period whether on or off the campus.
35(4) During, or while going to or coming from, a
36school-sponsored activity.
37(t) A pupil who aids or
abets, as defined in Section 31 of the
38Penal Code, the infliction or attempted infliction of physical injury
39to another person may be subject to suspension, but not expulsion,
40pursuant to this section, except that a pupil who has been adjudged
P12 1by a juvenile court to have committed, as an aider and abettor, a
2crime of physical violence in which the victim suffered great bodily
3injury or serious bodily injury shall be subject to discipline pursuant
4to subdivision (a).
5(u) As used in this section, “school property” includes, but is
6not limited to, electronic files and databases.
7(v) For a pupil subject to discipline under this section, a
8superintendent of the school district or principal may use his or
9her discretion to provide alternatives to suspension or expulsion
10that are age appropriate and designed to address and correct the
11pupil’s specific misbehavior as specified in Section
48900.5.
12(w) It is the intent of the Legislature that alternatives to
13suspension or expulsion be imposed against a pupil who is truant,
14tardy, or otherwise absent from school activities.
Section 2.5 of this bill incorporates amendments to
16Section 48900 of the Education Code proposed by both this bill
17and Assembly Bill 2212. It shall only become operative if (1) both
18bills are enacted and become effective on or before January 1,
192017, (2) each bill amends Section 48900 of the Education Code,
20and (3) this bill is enacted after Assembly Bill 2212, in which case
21Section 2 of this bill shall not become operative.
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94