BILL ANALYSIS Ó AB 2536 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2536 (Chau) - As Amended April 26, 2016 ----------------------------------------------------------------- |Policy |Education |Vote:|6 - 1 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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). AB 2536 Page 2 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 AB 2536 Page 3 $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 AB 2536 Page 4 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 AB 2536 Page 5 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