BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 2536            
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          |Author:    |Chau                                                 |
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          |Version:   |May 31, 2016                             Hearing     |
          |           |Date:    June 22, 2016                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lynn Lorber                                          |
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          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  







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                    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  








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               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.









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          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  








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               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.

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