BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 453 (Correa)
          
          Hearing Date: 05/16/2011        Amended: 05/04/2011
          Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 7-0
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          ____
          BILL SUMMARY: SB 453 would expand the definition of bullying to 
          include acts motivated by specified actual or perceived 
          characteristics of the victim. This bill adds bullying, as 
          specified, to the list of acts for which expulsion may be 
          recommended; this bill adds "persistent bullying", as defined, 
          to the list of acts for which expulsion shall be recommended by 
          a principal, as specified. This bill requires school safety 
          plans to include policies and procedures relating to bullying, 
          as specified.
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions                2011-12                  2012-13      
             2013-14                      Fund
           
          Mandate: Expulsions                                 Significant 
          reimbursable costs         General*

          Mandate: Safety Plans                 Potentially substantial 
          reimbursable costs    General*                          
          *Counts toward meeting the Proposition 98 minimum funding 
          guarantee
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          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the 
          Suspense File. 

          Existing law prohibits the suspension or the recommendation of a 
          pupil for expulsion from school unless a school district 
          superintendent or school principal determines that the pupil has 
          committed certain specified acts, including having engaged in an 
          act of bullying.  Existing law defines bullying to include an 
          act of sexual harassment or hate violence, threats or 
          intimidation directed against school pupils or personnel, or 
          bullying committed by electronic means, as specified.  








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          (Education Code � 48900) 

          This bill expands the definition of bullying to include acts 
          motivated by specified actual or perceived characteristics of 
          the victim. The degree to which this additional specification of 
          what constitutes bullying is actually an expansion of the 
          definition is unclear. Because the definition applies to 
          offenses for which a pupil may be recommended for suspension of 
          expulsion, this provision is not a mandate.

          Existing law requires a principal or a superintendent of schools 
          to recommend the expulsion of a pupil who commits specified acts 
          at school or a school activity off grounds, unless the principal 
          or the superintendent finds the expulsion to be inappropriate 
          due to the particular circumstance. (EC � 48915) 

          This bill would add to the list of existing acts for which pupil 
          expulsion must be recommended (unless the principal specifically 
          finds that it is inappropriate) persistent bullying, as defined 
          in the bill. An expulsion recommendation triggers the beginning 
          of an administrative process (including hearings and potential 
          appeals) for determining the disposition of the pupil. This 
          provision expands a reimbursable mandate on school districts; 
          the state currently reimburses school districts for expulsion 
          activities.
           
          In 2008-09, there were 20,833 expulsions statewide and the state 
          reimbursed school districts $6.3 million in expulsion mandate 
          costs. This bill expands the offenses for which expulsion must 
          be recommended and, thus, is likely to result in more expulsion 
          activities and mandate claims. If the number of expulsions 
          increases by 1% statewide, the mandate costs would likely 
          increase by approximately $63,000.

          This bill also requires that "as comprehensive school safety 
          plans are reviewed and updated, all plans, to the extent that 
          resources are available, shall include the policies and 
          procedures relating to bullying listed in subdivision (b) of 
          Section 32286.5." This cross-referenced provision lists policies 
          and procedures to: (1) protect students against bullying; (2) 
          establish a process for advocates to assist parents and victims; 
          (3) inform teachers and other staff of best practices related to 
          bullying prevention and intervention; and (4) provide 
          information to pupils on bullying prevention and intervention. 








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          The Commission on State Mandates, upon receiving a test claim, 
          would likely determine that this provision constitutes an 
          additional mandate on schools. Such a mandate could cost the 
          state millions of dollars in reimbursements for updating school 
          safety plans, as specified, and performing other specified 
          activities to prevent and intervene in bullying.