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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