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:  8/10/16 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.

          Senate Floor Amendments of 8/10/16 modify the definition of  
          "cyber sexual bullying" and resolve chaptering issues with AB  
          2212 (Harper).


          ANALYSIS:  










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          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 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,  







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                  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  
            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 that has or can  
            be reasonably predicted to have one or more of the effects  
            described in the existing definition of "bullying" (acts that  
            have the effect of placing a student in fear of harm, causing  
            a detrimental effect on health, and causing interference with  
            academics or the ability to participate in or benefit from  
            school activities).  This definition requires a photograph or  







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            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  
            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.

          7)Includes double-jointing language to avoid chaptering issues  
            with AB 2212 (Harper).

          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  







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          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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/17/16)


          California School Boards Association
          Los Angeles County Sheriff's Department
          San Bernardino County District Advocates for Better Schools
          Small School Districts' Association
          The Audrie Pott Foundation


          OPPOSITION:   (Verified8/11/16)


          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,  







                                                                    AB 2536  
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            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
          8/17/16 16:29:22


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