BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2536


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          ASSEMBLY THIRD READING


          AB  
          2536 (Chau)


          As Amended  May 31, 2016


          Majority vote


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          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Education       |6-1  |O'Donnell, Kim,       |Olsen               |
          |                |     |McCarty, Santiago,    |                    |
          |                |     |Thurmond, Weber       |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |19-1 |Gonzalez, Bloom,      |Bigelow             |
          |                |     |Bonilla, Bonta,       |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman,         |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Holden, Jones,        |                    |
          |                |     |Obernolte, Quirk,     |                    |
          |                |     |Santiago, Wagner,     |                    |
          |                |     |Weber, Wood           |                    |








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          SUMMARY:  Adds to the definition of bullying via an electronic  
          act "sexual bullying" and requires the California Department of  
          Education (CDE) to include information on sexual bullying on the  
          California Healthy Kids Resource Center Internet Web site and  
          other appropriate CDE Internet Web sites where information about  
          discrimination, harassment, intimidation and bullying is posted.  
           Specifically, this bill:  


          1)Defines "sexual bullying" 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.  


          2)Specifies that "sexual bullying" 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.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, 


          minor/absorbable costs to the CDE to update the CDE's Internet  
          Web site to include information on sexual bullying. 









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          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  
          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.  


          Bullying via an electronic act is the transmission of a  
          communication, including, but not limited to, a message, text,  
          sound, or image by means of an electronic device, including, but  
          not limited to, a telephone, wireless telephone or other  
          wireless communication device, computer, or pager.  Prior  
          versions of this bill added "sexting" to the definition of  
          cyberbullying.  Amendments adopted by the Assembly  
          Appropriations Committee changed the term "sexting" to "sexual  
          bullying."  


          The author states, "A joint study by the National Campaign to  
          Prevent Teen and Unplanned Pregnancy, and CosmoGirl found that  
          20% of teens (ages 13-19) and 33% of young adults (ages 20-26)  
          had shared a nude or semi-nude picture by text or online  
          posting.  Teen girls were slightly more likely to do so than  
          boys, and 11% of young teen girls (ages 13-16) said they had  
          sent suggestive photos of themselves.  While some view sexting  
          as a new norm of adolescent sexuality, the act itself 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."








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          Harassment, discrimination, intimidation and bullying can create  
          a school climate of fear and disrespect that can result in  
          conditions that negatively affect learning.  What may start out  
          as consensual may turn into bullying if an image is shared by  
          one party or if a third party shares a private image.  This  
          occurred in 2009, when an Ohio teen hanged herself after being  
          harassed by classmates who circulated a nude photo she had sent  
          to a boyfriend.  In a similar situation in late 2009, a  
          13-year-old girl in Florida also hanged herself after being  
          bullied and harassed when a topless photo of herself she sent to  
          a boy was spread by another girl to others within her own school  
          and to nearly schools.  Both girls reported being called names  
          and taunted by classmates.  In Newtown, Connecticut, three  
          students were arrested in January and accused of involvement in  
          a sexting ring.  Sexually explicit images and videos of other  
          students were circulated, sometimes for money.  CNN reported  
          that law enforcement credited school officials for their quick  
          action that contained the spread of explicit media.      


          Sending a nude image in and of itself may have legal  
          implications, but does not necessarily constitute an action  
          leading to suspense or expulsion.  Under current law and the  
          definition established by the bill, the sharing of an image is  
          one that is intended or leads to harassment that affects a  
          student's ability to engage in school.           




          Opposition of the bill state that they oppose "expansion of the  
          Education Code to punish and exclude a student because  
          exclusionary methods of school discipline are ineffective."   
          They believe that schools should focus instead on alternative  
          methods of discipline that are less punitive in order to change  
          behaviors, such as restorative justice practices.  Current law,  
          under Education Code 48900.5, already requires suspensions to  








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          occur only after alternative corrections have been attempted.   
          This bill does not change that.          


          Prior versions of this bill would have required instruction on  
          sexual health to include information on sexting.  Amendments  
          adopted by the Assembly Appropriations Committee struck that  
          provision of the bill and instead require the CDE to post  
          information on sexual bullying on its Internet Web site.   
          Current law requires CDE to display and update information on  
          curricula and other resources that address bias-related  
          discrimination, harassment intimidation and bullying on the  
          CDE's California Healthy Kids Resource Center on its Internet  
          Web site.  This bill expands this requirement to include sexual  
          bullying.  




          Analysis Prepared by:                                             
                          Sophia Kwong Kim / ED. / (916) 319-2087  FN:  
          0003298