BILL NUMBER: AB 1230	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 27, 2009

   An act to add Section 66302 to the Education Code, relating to
online harassment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1230, as amended, Torrico. Public postsecondary education:
policies prohibiting online harassment. 
   Existing 
    (1)     Existing  law establishes the
3 segments of public postsecondary education in this state. These 3
segments are the University of California, under the administration
of the Regents of the University of California, the California State
University, under the administration of the Trustees of the
California State University, and the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges.
   Existing law requires the Regents of the University of California,
the Trustees of the California State University, and the governing
board of each community college district to adopt or provide for the
adoption of specific rules and regulations governing student
behavior.
   This bill would require the  Board of Governors of the
California Community Colleges   board of governors of
each community college district  and the Trustees of the
California State University, and request the Regents of the
University of California to include in their rules and regulations
governing student behavior, rules and regulations prohibiting online
harassment, as defined.  By imposing requirements on the
governing boards of community college districts, the bill would
impose a state-mandated local program.  The bill would also
require each institution to report to the Legislature annually
regarding the rules and regulations adopted regarding online
harassment. 
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66302 is added to the Education Code, to read:
   66302.  (a) The Trustees of the California State University and
 the Board of Governors of the California Community Colleges
  the governing board of each community c  
ollege district  shall, and the Regents of the University of
California may, include in the rules and regulations adopted pursuant
to Section 66300, rules and regulations and applicable penalties
that specifically prohibit online harassment. For purposes of this
section,  online harassment means any unlawful, threatening,
or defamatory act of harassment carried out through campus electronic
communication devices or networks.   "online harassment"
means a knowing and willful course of conduct carried out through
campus electronic communication devices or networks, directed at a
campus student, member of the faculty, an administrator, or
nonacademic staff by a campus student, member of the faculty, an
administrator, or nonacademic staff, that a reasonable person would
consider as seriously alarming, seriously annoying, seriously
tormenting, or seriously terrorizing the person and that serves no
legitimate purpose. 
   (b) Each of the respective institutions shall report to the
Legislature, on or before January 1, 2011, and annually thereafter,
the rules and regulations adopted pursuant to this section as well as
any actions taken to enforce policies prohibiting online harassment.

   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.