BILL ANALYSIS Ó
AB 2536
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CONCURRENCE IN SENATE AMENDMENTS
AB
2536 (Chau)
As Amended August 10, 2016
Majority vote
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|ASSEMBLY: |75-4 |(June 2, 2016) |SENATE: |35-0 |(August 19, |
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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
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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
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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
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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
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