BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Senator Carol Liu, Chair 2015 - 2016 Regular Bill No: AB 2536 ----------------------------------------------------------------- |Author: |Chau | |-----------+-----------------------------------------------------| |Version: |May 31, 2016 Hearing | | |Date: June 22, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Lynn Lorber | | | | ----------------------------------------------------------------- Subject: Pupil discipline and safety: sexual bullying SUMMARY This bill expands the definition of electronic acts in relation to bullying to include sexual bullying, and requires the California Department of Education to include information on sexual bullying on a specified Web site. BACKGROUND Existing law: 1) Prohibits a student from being suspended or recommended for expulsion unless the principal of the school determines that the student has committed certain acts, and gives schools the discretion to take action for most offenses. (Education Code § 48900) 2) Authorizes schools to suspend or recommend for expulsion a student who engages in an act of bullying, which 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, directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following: a) Placing a reasonable student or students in fear of harm to that student's or those students' person or AB 2536 (Chau) Page 2 of ? property. b) Causing a reasonable student to experience a substantially detrimental effect on his or her physical or mental health. c) Causing a reasonable student to experience substantial interference with his or her academic performance. d) Causing a reasonable student to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school. (EC § 48900(r)(1)) 3) Defines "electronic act" as the creation or transmission of a communication originated on or off school sites, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: a) A message, text, sounds, or image. b) A post on a social network Web site including, but not limited to: i) Posting to or creating a burn page, as defined, created for the purpose of having one or more of the effects listed above. ii) Creating a credible impersonation of another actual student, as defined, for the purpose of having one or more of the effects listed above. iii) Creating a false profile, as defined, for the purpose of having one or more of the effects listed above. (EC § 48900(r)(2)) 4) Authorizes a student in grades 4-12 to be suspended or AB 2536 (Chau) Page 3 of ? recommended for expulsion if the superintendent or principal of the school determines that the student has committee sexual harassment, and provides that the conduct must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual's academic performance, or to create an intimidating, hostile, or offensive educational environment. (EC § 48900.2) 5) Defines "sexual harassment" as unwelcome, sexual advances, request for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or education setting, under specified conditions. (EC § 212.5) ANALYSIS This bill expands the definition of electronic acts in relation to bullying to include sexual bullying, and requires the California Department of Education to include information on sexual bullying on a specified Web site. Specifically, this bill: 1) Adds an act of sexual bullying to the definition of "electronic act" in reference to bullying, thereby authorizing schools to suspend or recommend for expulsion a student who commits an act of sexual bullying. 2) Defines "sexual bullying" as the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a student to another student or to school personnel by means of an electronic act with the purpose or effect of humiliating or harassing a student. This definition requires a photograph or other visual recording to 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) Excludes from sexual bullying a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic event athletic events or school-sanctioned activities. AB 2536 (Chau) Page 4 of ? 4) Expands the information that the California Department of Education (CDE) is currently required to post on the California Healthy Kids Resource Center Web site and other appropriate CDE Web sites to include information on sexual bullying. STAFF COMMENTS 1) Need for the bill. According to the author, "Sexual bullying is a form of bullying commonly facing teenagers. It is a behavior that can include harassing an individual or others through comments and actions that are sexual in nature. What's more, sexual bullying can occur online or in person. The act of sexting exposes teens to acts of harassment and bullying when their images are shared without their knowledge or consent. There have been cases of teen suicides because of sexual bullying using these images. Sexual bullying also presents complex challenges to schools as they strive to provide safe environments for learning." 2) Already covered? Existing law authorizes schools to suspend or recommend for expulsion a student who engages in an act of bullying, which 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, directed toward one or more students that has or can be reasonably predicted to have the effect of putting a student in fear or harm or interfering with academic performance or participation in services and activities. Existing law also authorizes a student in grades 4-12 to be suspended or recommended for expulsion if the superintendent or principal of the school determines that the student has committee sexual harassment, defined as unwelcome, sexual advances, request for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or education setting. It appears that schools currently have the authority to suspend or recommend for expulsion a student who commits an act of sexual bullying. However, it's possible that this bill could provide clarity and guidance for schools that are uncertain whether an act is bullying, sexual harassment, or AB 2536 (Chau) Page 5 of ? another offense that may not be specifically cited in statute. 3) Fiscal impact. According to the Assembly Appropriations Committee, this bill imposes minor/absorbable costs to the California Department of Education to update its Web site to include information on sexual bullying. 4) Related legislation. AB 2212 (Harper, 2016) expands the definition of "bullying by an electronic act," to include communication by video. AB 2212 is pending on the Senate Floor. 5) Prior legislation. SB 919 (Lieu, 2011) would have added sexting, as defined, as an offense for which a student may be suspended or recommended for expulsion. SB 919 was held in the Assembly Appropriations Committee. SUPPORT Los Angeles County Sheriff's Department San Bernardino County District Advocates for Better Schools Small School Districts' Association OPPOSITION None received. -- END --