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