BILL ANALYSIS �
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THIRD READING
Bill No: AB 1455
Author: Campos (D)
Amended: 6/18/14 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 7-0, 6/11/14
AYES: Liu, Wyland, Block, Correa, Hancock, Huff, Monning
ASSEMBLY FLOOR : 69-3, 4/24/14 - See last page for vote
SUBJECT : Bullying: referral for services
SOURCE : Author
DIGEST : This bill authorizes schools to refer a victim of
bullying, other students affected by bullying, or a student
engaged in the act of bullying, for case management, counseling,
and participation in a restorative justice program, as
specified.
ANALYSIS : Existing law:
Bullying
Relative to bullying, existing 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:
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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/her physical or mental health.
3.Causing a reasonable student to experience substantial
interference with his/her academic performance.
4.Causing a reasonable student to experience substantial
interference with his/her ability to participate in or benefit
from the services, activities, or privileges provided by a
school.
Prior to suspension
Existing law states that suspension shall be imposed only when
other means of correction fail to bring about proper conduct.
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.
Alternatives to suspension
Existing 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
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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.
This bill authorizes the superintendent of a 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, or a student engaged in the act of bullying, to the
following personnel for case management, counseling, and
participation in a restorative justice program, as appropriate:
1.School counselor.
2.School psychologist.
3.Social worker.
4.Child welfare attendance personnel.
5.School nurse.
6.Other school support service personnel.
This bill authorizes referrals to occur related to acts of
bullying committed on or after January 1, 2015.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/18/14)
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
ASSEMBLY FLOOR : 69-3, 4/24/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Cooley, Dababneh,
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Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto,
Gomez, Gonzalez, Gordon, Gorell, Grove, Hagman, Hall, Roger
Hern�ndez, Holden, Jones-Sawyer, Levine, Linder, Logue,
Lowenthal, Maienschein, Medina, Melendez, Mullin, Muratsuchi,
Nestande, Olsen, Pan, Perea, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NOES: Donnelly, Beth Gaines, Jones
NO VOTE RECORDED: Conway, Dahle, Gray, Harkey, Mansoor,
Nazarian, Patterson, Vacancy
PQ:nl 6/18/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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