BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-12 Regular Session
BILL NO: AB 227
AUTHOR: Hall
AMENDED: April 6, 2011
FISCAL COMM: Yes HEARING DATE: June 29, 2011
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : Education Technology Plans.
SUMMARY
This bill adds the prevention of cyberbullying, content
control software, and the responsible use of mobile
communication technology to the components that are required
to be included in existing guidelines and criteria for school
district educational technology plans.
BACKGROUND
Existing state law:
1) Requires a school district to have a three- to five-year
education technology plan as a precondition to receiving
any technology grant administered by the California
Department of Education (CDE). (Education Code �
51871.5)
2) Requires the Superintendent of Public Instruction (SPI)
to develop guidelines and criteria to be included in the
education technology plans submitted by schools, and
requires the guidelines and criteria to include
components to educate pupils and teachers on all of the
following: (EC � 51871.5)
a) The appropriate and ethical use of information
technology in the classroom.
b) Internet safety.
c) The manner in which to avoid committing
plagiarism.
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d) The concept, purpose, and significance of a
copyright so that pupils are equipped with the
skills necessary to distinguish lawful from
unlawful online downloading.
e) The implications of illegal peer-to-peer
network file sharing.
Existing federal law, the Children's Internet Protection Act
(CIPA), prohibits schools and libraries from receiving
discounts offered by the federal E-rate program unless they
certify that they have an Internet safety policy that
includes technology protection measures. The protection
measures must, for computers that are accessed by minors,
block or filter Internet access to pictures that are: (a)
obscene, (b) child pornography, or (c) harmful to minors.
(Public Law 106-554)
The following funding sources are available to schools for
education technology related needs, including:
1) Enhancing Education Through Technology (pursuant to the
federal No Child Left Behind Act), provides competitive
and formula grants to help schools in using technology
to enhance teaching and learning for grades four through
eight.
2) E-rate and the California Teleconnect Fund, provides
discounts on approved telecommunications, Internet
access and internal connections.
ANALYSIS
This bill :
1) Adds the following to the existing components that are
required to be included in the guidelines and criteria
developed by the Superintendent of Public Instruction
(SPI) for education technology plans:
a) The prevention of cyberbullying and legal
consequences for pupils engaged in cyberbullying.
b) The active use of content control software.
c) The responsible use of mobile communication
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technology.
2) Encourages school districts to partner with the
California Technology Assistance Project (CTAP),
information technology companies, and nonprofit
organizations to develop tools to supplement the
existing Internet safety curriculum that address the
educational component of the guidelines and criteria.
3) Provides that school districts that have a current three
to five-year education technology plan that complies
with subdivision (b) is not required to comply with this
subdivision until after its plan expires or is
voluntarily replaced.
STAFF COMMENTS
1) Need for the bill : According to the author's office,
recent incidents of harassment and cyberbullying across
the country have led to violence against youth and
tragic suicides of middle, high school, and college
students. Although current law provides that a pupil
may be suspended or expelled for committing bullying and
bullying committed by means of an electronic act, the
sponsor of this bill, Jack and Jill of America, Inc.,
argues that a multi-pronged approach to addressing the
problem is needed. By essentially requiring school
district plans to address the prevention of cyber
bullying, use of content control software, and the
responsible use of mobile communication technology, the
author hopes this measure will help students learn to
use technology in a safe and responsible manner and
provide schools with important tools to improve school
safety.
2) Current protections . According to the author's office,
over $36 million in federal education technology grants
were administered to school districts throughout
California in 2010. The author's statement asserts that
school districts seeking these funds were not required
to ensure that students are being protected from
inappropriate material or cyberbullying.
In order to receive education technology funds, a county
office of education, school district, or direct-funded
charter school must have an approved education
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technology plan. The Internet safety criterion and
guidelines require, "A list of goals and an
implementation plan that describe how the district will
address Internet safety, including how to protect online
privacy and avoid online predators." Once the plan is
approved, the plan can be used to apply for an
Education-rate (E-rate) federal program that provides
eligible K-12 public schools and libraries 20% to 90%
discounts on approved telecommunications, Internet
access, and internal connections costs. Under the
federal CIPA, schools and libraries may not receive the
discounts offered by the E-rate program unless they
certify that they have an Internet safety policy and
technology protection measures in place. The school's
Internet safety policy must include technology
protection measures to block or filter Internet access
to specified content and measures to monitor online
activities of pupils. Although existing law and
regulations address Internet safety, the author argues
that the existing requirements may not adequately
address the use of mobile technologies and the emerging
problem of cyberbullying.
3) Fiscal impact . According to the Assembly Appropriations
Committee analysis, this bill could result in General
Fund administrative costs, likely less than $50,000
associated with the California Department of Education
to update the guidelines and criteria school districts
use to develop and revise their educational technology
plans.
According to the CDE, funding for the federal Ed Technology
State grant program was eliminated April 2011. Although
there is some indication that Congress may consolidate
this program with other programs, HR 1891 (Duncan
Hunter, 52nd District, California) proposes to strike
the Ed Technology State Grant program from federal
statutes, along with 43 other programs. If federal
funding for Ed Technology programs is not restored and
CDE may not have staff available to review local
technology plans, it is likely this bill will have no
force or effect.
4) Related and prior legislation . This bill is
substantially similar to AB 678 (Hall, 2009), which was
passed by this Committee on a 7-1 vote and was
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subsequently held by the Senate Appropriations
Committee. The following measures also address
cyberbullying.
SB 453 (Correa) expands the definition of bullying to include
acts motivated by specified actual or perceived
characteristics of the victim, adds bullying, as
specified, to the list of acts for which expulsion may
be recommended, and requires school safety plans to
include policies and procedures relating to bullying.
This measure was passed by this Committee on a 7-0 vote.
SB 755 (Lieu) makes numerous changes to the requirement that
each school have a school safety plan, imposes new
penalties for schools and districts that fail to meet
these requirements, and requires school districts and
county offices of education to be responsible for the
development of school safety plans, as specified. This
bill was passed by this Committee on a 7-2 vote.
SB 919 (Lieu) defines sexting as the sending or receiving of
sexually explicit pictures or video images via an
electronic act and adds sexting to the list of acts for
which a pupil may be suspended or expelled. This bill
was passed by this Committee on a 10-0 vote.
AB 9 (Ammiano) adds alternative disciplinary action other
than suspension or expulsion for pupils found to have
committed an act of bullying. This measure was passed
by this Committee on a 7-2 vote.
AB 746 (Campos) specifies that electronic bullying includes a
post on a social network Internet Web site. This
measure was passed by this Committee on a 9-1 vote.
AB 1156 (Eng) requires the training of schoolsite personnel
in the prevention of bullying, allows a child who is a
victim of an act of bullying to meet residence
requirements in another district, and expands the
definition of bullying to include various specified
acts. This measure is pending before this Committee.
AB 86 (Lieu, Chapter 646, 2008) defined bullying to mean acts
that are committed personally or electronically, acts
directed against another pupil that constitutes sexual
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harassment, hate violence, severe or pervasive
intentional harassment, threats, or intimidation and
gave school officials grounds to suspend a pupil or
recommend a pupil for expulsion for bullying. This bill
was passed by this Committee on a 7-2 vote.
SUPPORT
American Federation of State, County and Municipal Employees,
AFL-CIO
Jack and Jill of America, Inc.
OPPOSITION
None received.