BILL ANALYSIS �
AB 1450
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ASSEMBLY THIRD READING
AB 1450 (Garcia)
As Introduced January 8, 2014
Majority vote
EDUCATION 6-0
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|Ayes:|Buchanan, Olsen, Ch�vez, | | |
| |Gonzalez, Nazarian, | | |
| |Williams | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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.
FISCAL EFFECT : None. 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.
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 school
grounds. 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
AB 1450
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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 incidents
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."
The California Federation of Teachers supports the bill and
states, "In an age of technology where students have instant
access to electronic devices and spend hours at a time online,
bullying through electronic means has increased significantly.
Recent reports of teenage suicides caused by this type of
bullying are becoming more and more prevalent. Because of this
increase in electronic bullying and its potentially devastation
impact on children and young adults, the California Federation
of Teachers supports AB 1450 and the broadening of the
definition of 'electronic act' to include the creation or
transmission of such communication."
Public Counsel opposes the bill and argues that suspension of
pupils is ineffective in preventing or stopping bullying.
Public Counsel states, "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."
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0003099
AB 1450
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