BILL ANALYSIS �
AB 1732
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Date of Hearing: March 28, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1732 (Campos) - As Amended: March 20, 2012
SUBJECT : Pupils: suspension or expulsion: bullying:
impersonation
SUMMARY : Specifies that bullying via an electronic act using a
post on a social network Internet Web site includes the
following:
1)Posting to or creating a burn page. Defines "burn page" to
mean an Internet Web site created for purposes of harming,
intimidating, threatening, or defrauding another person.
2)Creating a credible impersonation of another person. Defines
"credible impersonation" as knowingly and without consent
impersonate a person in a manner such that another person
would reasonably believe, or has reasonably believed, that the
pupil was or is the person who was impersonated.
3)Creating a false profile. Defines "false profile" as a
profile of a fictitious person or a profile using the likeness
or attributes of an actual person other than the person who
created the false profile.
EXISTING LAW :
1)Prohibits the suspension, or recommendation for expulsion, of
a pupil from school unless the principal determines that the
pupil has committed any of various specified acts, including
but not limited to, bullying by means of an electronic act, as
defined.
2)Defines "bullying" to mean 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 have the effect of one or more
of the following:
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a) Placing a reasonable pupil or pupils in fear of harm to
that pupil's or those pupils' person or property.
b) Causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health.
c) Causing a reasonable pupil to experience substantial
interference with his or her academic performance.
d) Causing a reasonable pupil to experience substantial
interference with his or her ability to participate in or
benefit from the services, activities, or privileges
provided by a school.
3)Defines "electronic act" to mean the transmission of a
communication, including, but not limited to, a message, text,
sound, or image, or a post on a social network Internet Web
site, by means of an electronic device, including, but not
limited to, a telephone, wireless telephone or other wireless
communication device, computer, or pager.
FISCAL EFFECT : According to the Legislative Counsel, this bill
is non-fiscal.
COMMENTS : A 2007 report by the National Association of
Attorneys General Task Force on School and Campus Safety warns,
"The growth in the use of technology and social networking sites
by younger Americans has fueled a fear among professionals that
cyber bullying will become the means most often utilized to
harass, threaten or otherwise cause distress. And while
certainly more prevalent in the elementary and secondary school
setting, issues related to bullying or intimidation are
increasingly relevant in other nontraditional settings. The
Task Force recognizes that educators, parents, law enforcement
and other stakeholders in school safety should remain vigilant
in addressing bullying, including cyber bullying."
Last year's AB 1156 (Eng), Chapter 732, Statutes of 2011,
changed the definition of "bullying" to mean 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
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school activities.
AB 746 (Campos), Chapter 72, Statutes of 2011, added "a post on
a social network Internet Web site" to the definition of
bullying via an electronic act. "Electronic act" is defined
as the transmission of a communication, including, but not
limited to, a message, text, sound, or image, or a post on a
social network Internet Web site, by means of an electronic
device, including, but not limited to, a telephone, wireless
telephone or other wireless communication device, computer, or
pager.
This bill includes in the definition of "electronic act" via a
post on a social network Internet Web site "burn pages,"
"credible impersonations," and "false profiles." The author
states, "AB 1732 recognizes both the tremendous leap in
popularity of social networking sites since the inception of our
anti-bullying law, and the potential that the resulting
popularity has an increased ability for cyber bullies to spread
their messages, through the creation of 'burn page' or an
impersonation page. Therefore, these forms of cyber bullying
should be addressed and covered under the Education Code
anti-bullying provisions."
It can be argued that burn pages, credible impersonations, and
false profiles are already covered under the existing definition
of "electronic act;" all of which can be used as a form of
bullying and harassment using an electronic device.
Burn pages . Media in other states have reported on the harm
caused by "burn pages." Burn pages are set up with the
intention to harass and intimidate another individual or
individuals. Earlier this year, an article from the Deccan
Chronicle in New Hampshire reported that as many as 700 students
participated in the posting of vile and abusive messages about
their peers through burn pages, some of which were sexual in
nature. The article suggests that the phenomenon was inspired
by the film "Mean Girls," which depicts students sharing gossip
and writing hurtful comments using a burn book. Local and
school police officials in New Hampshire have warned students
about the consequences of such participation, including charges
of harassment and assault that could lead to imprisonment.
Burn pages have been used to make written threats. The Virginia
Gazette reported in February 2011 that James City police used
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information from a burn page to charge four teenage girls with
making a written threat to kill or harm a 16-year-old girl.
Credible impersonation . This bill defines "credible
impersonation" as knowingly and without consent impersonate a
person in a manner such that another person would reasonably
believe, or has reasonably believed, that the pupil was or is
the person who was impersonated. A person who creates a page
using the identity and picture of another person is an example
of impersonation.
Impersonation . Impersonation is a type of "false profile."
Another type of false profile is one where a fictitious profile
is created that may or may not be based on the characteristics
of another person. In 2006, a 13-year-old Missouri girl
committed suicide after a 16-year-old boy she befriended on a
social network Internet Web site posted cruel messages about her
and then "dumped" her. The profile of the 16-year-old boy was
fictitious, created by the mother of a former friend who wanted
to find out what the 13-year-old girl was saying about her
daughter.
Existing law provides that a pupil may be suspended or expelled
if the pupil has intentionally engaged in harassment, threats,
or intimidation, directed against school district personnel or
pupils, that is sufficiently severe or pervasive to have the
actual and reasonably expected effect of materially disrupting
classwork, creating substantial disorder, and invading the
rights of either school personnel or pupils by creating an
intimidating or hostile educational environment (Education Code
Section 48900.4).
The incorporation of burn pages, impersonations, and false
profiles in the definition of bullying via a post on a social
network Internet Web site does not mean that any student who
creates this type of pages will be automatically suspended or
expelled. The courts have ruled that disciplinary action as a
result of bullying via a social network Internet Web site is
contingent on whether the action causes a substantial disruption
to school activities or work of a school. If a student is
suspended or expelled and the activity is not found to have
caused substantial disruption, it could constitute a violation
of freedom of speech. This is based on the 1969 case of Tinker
v Des Moines Independent Community School District (393 U.S.
503, 506; 1969).
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Opposition . Public Counsel Law Center opposes the bill and
states, "There are already numerous offense categories under
which students can be suspended. It is of great significance
not to add to this list of suspension grounds or make stylized
specifications of existing offenses, especially since there is
no evidence that suspension results in improved behavior.
"Rather, experts in the field agree that a punitive disciplinary
system and other such policies serve no educational goals: they
are ineffective at reducing student misbehavior, do not make
schools safer, and fail to improve academic achievement.
Instead of reducing the likelihood of disruption, school
suspension in general appears to predict higher future rates of
misbehavior and suspension among those students who are
suspended."
Related legislation . There are several bills pending in this
Committee proposing alternative disciplinary measures. With the
exception of one bill regarding suspension due to disruption of
school activities or willful defiance of school officials, the
pending bills propose alternative disciplinary measures that
will apply to all acts that could lead to suspensions. If this
bill and those bills are signed into law, the alternative
disciplinary measures will apply to the provisions in this bill.
AB 1729 (Ammiano), pending in this Committee, expands the types
of alternatives and corrections that could be provided prior to
suspending a pupil.
AB 2242 (Dickenson), pending in this Committee, imposes
in-school suspension and prohibits off-campus suspension or
extended suspension, or expulsion, due to disruption of school
activities or willful defiance of school officials.
AB 2537 (V. Manuel Perez), pending in this Committee, authorizes
rather than requires, a principal to notify appropriate local
law enforcement prior to a suspension or expulsion due to
specified acts, and authorizes, rather than requires, expulsion
of specified acts, including possession of a knife, unlawful
possession of controlled substance, robbery or extortion, and
assault or battery.
SB 1235 (Steinberg), pending in the Senate Education Committee,
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requires a school district to, if the number of pupils suspended
from school during the prior school year exceeded 25% of a
school's enrollment or any numerically significant racial or
ethnic subgroup, implement for a minimum of three years, an
evidence-based system of schoolwide positive behavioral
interventions or strategies that are evidence based and designed
to address school climate.
Prior legislation . AB 746 (Campos), Chapter 72, Statutes of
2011, specifies that bullying by means of an electronic act
includes a post on a social network Internet Web site.
AB 1156 (Eng), Chapter 732, Statutes of 2011, requires training
in the prevention of bullying, gives priority for interdistrict
transfers to victims of bullying, and revises the definition of
bullying, beginning July 1, 2012.
SB 453 (Correa), held in the Senate Appropriations Committee
suspense file in 2011, expands authorization of suspension or
expulsion for acts of bullying to include those acts motivated
by any of the following actual or perceived characteristics of
the victim: disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or association with a person or
group with one or more of these actual or perceived
characteristics, and includes acts of bullying that have
persisted and reoccurred despite repeated efforts at remediation
and termination of the behavior by the principal or the
superintendent of schools on the list of acts for which
expulsion may be recommended.
AB 86 (Lieu), Chapter 646, Statutes of 2008, adds bullying by
means of electronic acts to provisions of the Interagency School
Safety Demonstration Act and authorizes school officials to
suspend, or recommend for expulsion, pupils who engage in
bullying.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
Public Counsel Law Center
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
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