BILL ANALYSIS �
AB 1450
Page 1
Date of Hearing: March 26, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 1450 (Garcia) - As Introduced: January 8, 2014
SUBJECT : Pupils: grounds for suspension and expulsion:
bullying
SUMMARY : Revises, for the purposes of pupil suspension and
expulsion, the definition of bullying via an electronic act from
the "creation and transmission" of a communication to the
"creation or transmission" of a communication, via an electronic
device, originated on or off the schoolsite.
EXISTING LAW :
1)Provides that a pupil may be suspended or expelled for
committing any of a number of specified acts. (Education Code
(EC) Sections 48900, 48900.2, 48900.3, 48900.4, 48900.7)
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 as defined
in Section 48900.2, 48900.3, or 48900.4, directed toward one
or more pupils that has or can be reasonably predicted to have
the effect of one or more of the following:
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. (EC 48900)
3)Defines "electronic act" to mean the creation and transmission
of a communication, originated on or off the schoolsite, by
means of an electronic device, including, but not limited to,
a telephone, wireless telephone, or other wireless
communication device, computer, or pager, including, but not
AB 1450
Page 2
limited to, any of the following:
a) A message, text, sound, or image.
b) A post on a social network Internet Web site including,
but not limited to:
i) Posting to or creating a burn page. "Burn page"
means an Internet Web site created for the purpose of
having one or more of the effects specified under the
definition of bullying.
ii) Creating a credible impersonation of another actual
pupil for the purpose of having one or more of the
effects specified under the definition of bullying.
"Credible impersonation" means to knowingly and without
consent impersonate a pupil for the purpose of bullying
the pupil and such that another pupil would reasonably
believe, or has reasonably believed, that the pupil was
or is the pupil who was impersonated.
iii) Creating a false profile for the purpose of having
one or more of the effects specified under the definition
of bullying. "False profile" means a profile of a
fictitious pupil or a profile using the likeness or
attributes of an actual pupil other than the pupil who
created the false profile. (EC 48900)
4)Specifies that an electronic act shall not constitute
pervasive conduct solely on the basis that it has been
transmitted on the Internet or is currently posted on the
Internet. (EC 48900)
FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative
Counsel.
COMMENTS : Under existing law, a principal or a superintendent
may suspend or recommend expulsion of a pupil for committing any
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.
AB 1450
Page 3
Last year, AB 256 (Garcia), Chapter 700, Statutes of 2013,
amended the definition of an "electronic act" to mean the
creation and transmission of a communication, by means of an
electronic device, that may be originated on or off the
schoosite. Prior to AB 256, the definition of an "electronic
act" only referenced the transmission of a communication via an
electronic device, and was silent on whether the act must be
generated and/or transmitted on or off the schoolsite. While
the courts have ruled that cyberbullying is contingent on
whether an action causes a substantial disruption to school
activities or work of a school, regardless of where the action
took place, AB 256 made it clear in the law that where the
communication was created and transmitted does not matter.
Concerns have been raised that AB 256 may have inadvertently
narrowed the definition of bullying via an electronic act, by
defining "electronic act" as the creation and transmission of a
communication, which limits a principal or superintendent's
ability to suspend or expel a pupil to only those incidences
where a pupil created and transmitted a communication via an
electronic device, and prevents a principal or superintendent
from suspending or recommending expulsion if a pupil did not
create the communication but took part in transmitting it to
others. This bill changes "creation and transmission" to
"creation or transmission."
StudentsFirst supports the bill and states, "As technology
advances, schools need additional tools to ensure that
cyber-bullying is not tolerated on school campuses. AB 1450
gives school leaders a way to deal with bullies who harass their
victims via forwarded messages."
Public Counsel opposes the bill and argues that suspension of
pupils is ineffective in preventing or stopping bullying.
"Instead of reducing the likelihood of behavioral incidents,
school suspension in general appears to predict higher future
rates of misbehavior and suspension among those students who are
suspended," states the organization.
Previous related legislation . AB 256 (Garcia), Chapter 700,
Statutes of 2013, specifies, for the purposes of pupil
suspensions and expulsions, that bullying via an "electronic
act" means the creation and transmission of a communication by
means of an electronic device, as specified, that was originated
on or off the schoolsite.
AB 1450
Page 4
AB 1732 (Campos), Chapter 157, Statutes of 2012, specifies that
bullying via an electronic act using a post on a social network
Internet Web site includes a posting to or creating a burn page,
creating a credible impersonation of another actual person, and
creating a false profile.
AB 746 (Campos), Chapter 72, Statutes of 2011, expands the
definition of bullying by means of an electronic act to include
a post on a social network Internet Web site.
AB 1156 (Eng), Chapter 732, Statutes of 2011, authorizes
training in the prevention of bullying, gives priority for
interdistrict transfers to victims of bullying, and revises the
definition of bullying.
REGISTERED SUPPORT / OPPOSITION :
Support
StudentsFirst
Opposition
Public Counsel
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087