BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2536


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2536 (Chau) - As Amended April 26, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill adds "the act of sexting" to the definition of  
          bullying via an electronic act and requires instruction on  
          sexual health to include information on sexting.  Specifically,  
          this bill:  


          1)Expresses the intent of the Legislature that a suspension or  
            expulsion for sexting only occur after administrators first  
            use other means of correction, pursuant to existing law (for  
            example, conferences, counseling referrals, restorative  
            justice practices).








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          2)Defines "sexting" as the dissemination of, or the solicitation  
            or incitement to disseminate, a photograph or other visual  
            recording by a pupil to another pupil or to school personnel  
            by means of an electronic act with the purpose or effect of  
            humiliating or harassing a pupil.  Specifies that a photograph  
            or other visual recording shall include the depiction of a  
            nude, semi-nude, or sexually explicit photograph or other  
            visual recording of a minor where the minor is identifiable  
            from the photograph, visual recording, or other electronic  
            act.  


          3)Specifies that "sexting" does not include a depiction,  
            portrayal, or image that has any serious literary, artistic,  
            educational, political, or scientific value or that involves  
            athletic events or school-sanctioned activities.


          4)Requires sexual health education and HIV prevention education  
            to include information about sexting, including, but not  
            limited to, the legal consequences and penalties,  
            social/emotional impacts, and possible connection between  
            bullying and cyber-bullying.


          FISCAL EFFECT:


          1)Proposition 98/GF state mandated costs, potentially in the  
            hundreds of thousands, for school districts to educate  
            students on the legal consequences and other effects of  
            sexting.  The bill expands the existing California Healthy  
            Youth Act which requires all students to receive certain  
            health instruction at least once in junior high or middle  
            school and at least once in high school.  There are  
            approximately 965 districts serving 400,000 to 500,000  
            students in each of grades 7-12.  If every district spent just  








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            $500 to develop materials and train staff, costs would exceed  
            $480,000.  


          2)Minor/absorbable costs according to the California Department  
            of Education to provide technical assistance.  These costs  
            could increase to the extent CDE would be required to provide  
            model policies for school districts.


          





          COMMENTS:


          1)Purpose.  According to the author, the act of sexting exposes  
            teens to acts of bullying or harassment when their intimate  
            images are taken without their knowledge or disseminated  
            without their consent. Unfortunately, some teenagers have  
            committed suicide because of the effect of sexting. Many teens  
            who consider sexting normal are also at risk of facing serious  
            legal ramifications but are unaware of theses consequences.  
            California public schools already provide sex education  
            programs to students, and adding curriculum about the risks of  
            sexting, including the social, academic, and legal  
            consequences related to the behavior, the author states, is a  
            logical addition to current sex education programs. The author  
            notes that Los Angeles Unified School District has already  
            begun incorporating sexting into the education program its  
            students receive.



          2)Background. Under existing law, a principal or a  
            superintendent may suspend or recommend expulsion of a pupil  








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            for committing any of a number of specified acts, including  
            bullying and bullying via an electronic act (cyberbullying).   
            "Bullying" 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, 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.  Sexting is a form of cyberbullying  
            that is already covered by existing law.  



          3)Expansion of existing mandate.  The California Healthy Youth  
            Act of 2015 expanded and existing HIV prevention education  
            mandate  (known as AIDS Instruction and AIDS Prevention  
            Instruction) by including comprehensive sexual health  
            education in its provisions; requiring existing permissive  
            requirements for comprehensive sexual health education to  
            become mandatory and to also apply to HIV prevention; and  
            adding more content that must be included in this instruction.  
             Controller reports show costs attributed to the AIDS mandate  
            have been around $1.5 million.  The Commission on State  
            Mandates has not yet redetermined the AIDS instruction mandate  
            to account for changes made by the California Healthy Youth  
            Act, but costs are likely to increase.  This bill adds an  
            additional requirement to the California Healthy Youth Act by  
            requiring instruction on the legal, social and academic  
            effects of sexting.  This additional instruction is likely to  
            increase mandated cost claims.  Costs will depend on how each  
            LEA chooses to implement the requirements of the bill. 



          4)Prior legislation. SB 919 (Lieu) of 2011 would have defined  
            sexting, required the School/Law Enforcement Partnership  








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            consider ways to reduce sexting, and encourage school  
            districts to provide grade-level appropriate instruction,  
            counseling, and other conflict resolution practices. The bill  
            was held on the Suspense file in this committee.
            


          


          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081