BILL ANALYSIS Ó AB 2536 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2536 (Chau) As Amended August 10, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |75-4 |(June 2, 2016) |SENATE: |35-0 |(August 19, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: ED. SUMMARY: Adds to the definition of bullying via an electronic act "cyber sexual bullying" and requires the California Department of Education (CDE) to include information on cyber sexual bullying on the California Healthy Kids Resource Center Internet Web site and other appropriate CDE Internet Web sites where information about discrimination, harassment, intimidation and bullying is posted. Specifically, this bill: 1)Defines "cyber sexual bullying" as the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act with the purpose or effect of humiliating or harassing a pupil. Specifies that a photograph or other visual recording shall include the depiction of a nude, semi-nude, or sexually AB 2536 Page 2 explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act. 2)Specifies that "cyber sexual bullying" does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities. 3)Requires the CDE to annually inform school districts of the information on the California Healthy Kids Resource Center Internet Web site and other CDE Internet Web sites where information about cyber sexual bullying is posted. Authorizes the CDE to use electronic mail to inform school districts of this information. 4)Encourages school districts to inform pupils regarding the information and resources on the CDE's Internet Web sites. 5)Incorporates the provisions from AB 2212 (Harper) of the current legislative session to avoid chaptering out problems. The Senate amendments changed the term "sexual bullying" to "cyber sexual bullying," added the provisions requiring CDE to inform school districts of the information on the CDE's Internet Web site and encouraging school districts to share that information with students, and added double joining provisions to avoid chaptering out problems with AB 2212 (Harper). FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: Under existing law, a principal or a superintendent may suspend or recommend expulsion of a pupil for committing any AB 2536 Page 3 of a number of specified acts, including bullying and bullying via an electronic act (cyberbullying). "Bullying" 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, and including one or more acts committed by a pupil or group of pupils engaging in sexual harassment, hate violence, harassment, threats, or intimidation, directed toward one or more pupils that has or can be reasonably predicted to cause fear and have an impact on a student's physical and mental health, academic performance, or a student's ability to participate in school and school activities. Bullying via an electronic act is the transmission of a communication, including, but not limited to, a message, text, sound, or image by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer, or pager. Prior versions of this bill added "sexting" to the definition of cyberbullying. Amendments adopted by the Assembly Appropriations Committee changed the term "sexting" to "sexual bullying." The author states, "A joint study by the National Campaign to Prevent Teen and Unplanned Pregnancy, and CosmoGirl found that 20% of teens (ages 13-19) and 33% of young adults (ages 20-26) had shared a nude or semi-nude picture by text or online posting. Teen girls were slightly more likely to do so than boys, and 11% of young teen girls (ages 13-16) said they had sent suggestive photos of themselves. While some view sexting as a new norm of adolescent sexuality, the act itself exposes teens to acts of bullying or harassment when their intimate images are taken without their knowledge or disseminated without their consent. Unfortunately, some teenagers have committed suicide because of the effect of sexting." Harassment, discrimination, intimidation and bullying can create a school climate of fear and disrespect that can result in conditions that negatively affect learning. What may start out as consensual may turn into bullying if an image is shared by AB 2536 Page 4 one party or if a third party shares a private image. This occurred in 2009, when an Ohio teen hanged herself after being harassed by classmates who circulated a nude photo she had sent to a boyfriend. In a similar situation in late 2009, a 13-year-old girl in Florida also hanged herself after being bullied and harassed when a topless photo of herself she sent to a boy was spread by another girl to others within her own school and to nearby schools. Both girls reported being called names and taunted by classmates. In Newtown, Connecticut, three students were arrested in January and accused of involvement in a sexting ring. Sexually explicit images and videos of other students were circulated, sometimes for money. CNN reported that law enforcement credited school officials for their quick action that contained the spread of explicit media. Sending a nude image in and of itself may have legal implications, but does not necessarily constitute an action leading to suspense or expulsion. Under current law and the definition established by the bill, the sharing of an image is one that is intended or leads to harassment that affects a student's ability to engage in school. Opposition of the bill state that they oppose "expansion of the Education Code to punish and exclude a student because exclusionary methods of school discipline are ineffective." They believe that schools should focus instead on alternative methods of discipline that are less punitive in order to change behaviors, such as restorative justice practices. Current law, under Education Code 48900.5, already requires suspensions to occur only after alternative corrections have been attempted. This bill does not change that. Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0004036 AB 2536 Page 5