BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2536|
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THIRD READING
Bill No: AB 2536
Author: Chau (D)
Amended: 8/1/16 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 8-0, 6/22/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning,
Vidak
NO VOTE RECORDED: Pan
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 75-4, 6/2/16 - See last page for vote
SUBJECT: Pupil discipline and safety: cyber sexual bullying
SOURCE: Author
DIGEST: This bill expands the definition of electronic acts in
relation to bullying to include cyber sexual bullying, and
requires the California Department of Education to include
information on cyber sexual bullying on a specified Web site.
ANALYSIS:
Existing law:
1)Prohibits a student from being suspended or recommended for
expulsion unless the principal of the school determines that
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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 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
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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
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)
This bill:
1)Adds an act of cyber 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 cyber sexual bullying.
2)Defines "cyber 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 cyber sexual bullying a depiction, portrayal, or
image that has any serious literary, artistic, educational,
political, or scientific value or that involves athletic event
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athletic events or school-sanctioned activities.
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 cyber
sexual bullying.
5)Requires the CDE to annually inform school districts of the
information on the California Health Kids Resource Center Web
site and other appropriate CDE Web sites where information
about cyber sexual bullying is posted. This bill authorizes
the CDE to use electronic mail to inform districts.
6)Encourages school districts to inform students regarding the
available information and resources on the CDE's Web site
regarding the dangers and consequences of cyber sexual
bullying to help reduce the instances of cyber sexual
bullying.
Comments
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 cyber
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 another
offense that may not be specifically cited in statute.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/10/16)
California School Boards Association
Los Angeles County Sheriff's Department
San Bernardino County District Advocates for Better Schools
Small School Districts' Association
OPPOSITION: (Verified8/10/16)
None received
ASSEMBLY FLOOR: 75-4, 6/2/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Baker, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Patterson, Quirk,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,
Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood,
Rendon
NOES: Bigelow, Irwin, Olsen, Mark Stone
NO VOTE RECORDED: Atkins
Prepared by:Lynn Lorber / ED. / (916) 651-4105
8/10/16 16:15:29
**** END ****
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