BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 1455
AUTHOR: Campos
AMENDED: March 17, 2014
FISCAL COMM: No HEARING DATE: June 11, 2014
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Bullying: referral for services.
SUMMARY
This bill authorizes schools to refer a victim of bullying,
or other students affected by bullying, for case
management, counseling, and participation in a restorative
justice program.
BACKGROUND
Bullying
Relative to bullying, current law authorizes schools to
suspend or recommend for expulsion a student who engages in
an act of bullying, which 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, directed toward one or more students that has or can
be reasonably predicted to have the effect of one or more
of the following:
1) Placing a reasonable student or students in fear of
harm to that student's or those students' person or
property.
2) Causing a reasonable student to experience a
substantially detrimental effect on his or her
physical or mental health.
3) Causing a reasonable student to experience substantial
interference with his or her academic performance.
4) Causing a reasonable student to experience substantial
interference with his or her ability to participate in
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or benefit from the services, activities, or
privileges provided by a school. (EC � 48900(r)(1))
Prior to suspension
Current law states that suspension shall be imposed only
when other means of correction fail to bring about proper
conduct. (EC � 48900.5)
Suspension by the principal must be preceded by an informal
conference between the principal, pupil and whenever
practicable, the teacher, supervisor or school employee who
referred the pupil to the principal. School principals may
suspend a pupil without first holding an informal
conference with the pupil if an emergency situation exists.
A school employee is required to make a reasonable effort
to contact the pupil's parents at the time of suspension;
however, whenever a pupil is suspended from school (as
opposed to suspension from a class) the parent must be
notified in writing. (EC � 48911)
Alternatives to suspension
Current law provides that suspension is to be imposed only
when other means of correction fail to bring about proper
conduct, including but not limited to:
1) Referrals to the school counselor, psychologist,
social worker, child welfare attendance personnel, or
other school support service personnel for case
management and counseling.
2) Participation in a restorative justice program.
Resources for students
The Safe Place to Learn Act requires the Superintendent of
Public Instruction to post on the Internet and provide to
each school district a list of statewide resources that
provide support to youth who have been subjected to
school-based discrimination, harassment, intimidation, or
bullying. The website must also include a list of
statewide resources for youth who have been affected by
gangs, gun violence, and psychological trauma caused by
violence at home, at school, and in the community. (EC �
234.5)
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ANALYSIS
This bill authorizes schools to refer a victim of bullying,
or other students affected by bullying, for case
management, counseling, and participation in a restorative
justice program. Specifically, this bill:
1) Authorizes the superintendent of school district, the
principal of a school, or the principal's designee to
refer a victim of, witness to, or other students
affected by an act of bullying to the following
personnel for case management, counseling, and
participation in a restorative justice program, as
appropriate:
a) School counselor.
b) School psychologist.
c) Social worker.
d) Child welfare attendance personnel.
e) School nurse.
f) Other school support service personnel.
2) Authorizes referrals to occur related to acts of
bullying committed on or after January 1, 2015.
STAFF COMMENTS
1) Permissive Education Code . This bill authorizes an
action that can already be undertaken pursuant to
existing law. Given this, the Committee may wish to
consider whether the bill is necessary. Should
schools be required, rather than authorized, to refer
students affected by bullying for services?
2) Referral for services . This bill authorizes schools
to refer for services a victim of, witness to, or
other students affected by an act of bullying.
Current law authorizes schools to refer for services
perpetrators of acts for which the student may be
suspended. While current law specifically authorizes
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schools to refer for services perpetrators of
bullying, this authority is linked to means of
correction other than suspension. Staff recommends an
amendment, to ensure clarity, to add perpetrators of
bullying to the provisions of this bill with a
cross-reference to the existing provisions relative to
other means of corrective action.
This bill does not require students who have been referred
for services to actually fulfill the referral or
receive the services.
3) Existing resources for students . Current law, the
Safe Place to Learn Act, requires the Superintendent
of Public Instruction to post on the Internet and
provide to each school district a list of statewide
resources that provide support to youth who have been
subjected to school-based discrimination, harassment,
intimidation, or bullying. The website must also
include a list of statewide resources for youth who
have been affected by gangs, gun violence, and
psychological trauma caused by violence at home, at
school, and in the community.
Various resources are available to schools regarding
policies, best practices and resources regarding the
prevention of bullying. The website of the California
Department of Education contains links to much of this
information.
http://www.cde.ca.gov/ls/ss/se/bullyingprev.asp
4) Related legislation . AB 1993 (Fox) requires the
California Department of Education to develop an
online training module relative to bullying. AB 1993
is scheduled to be heard by this Committee on June 11.
SB 840 (Lara) requires each local educational agency to
develop and implement a policy against bullying. SB
840 was held in the Senate Appropriations Committee.
SB 231 (Correa) would have required the California
Department of Education to establish the California
Bullying Prevention Advisory Council for the purpose
of providing information about bullying, abuse,
safety, and referrals to other agencies. SB 231 was
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held in the Assembly Appropriations Committee.
SUPPORT
California Association of School Counselors
California Communities United Institute
California Federation of Teachers
California Psychological Association
California School Employees Association
California School Nurses Organization
Disability Rights California
National Association of Social Workers
Public Counsel
OPPOSITION
None on file.