Existing law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics such as disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, or sexual orientation, or association with a person or group with one or more of the specified characteristics.

This bill would require local educational agencies, as defined, to adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

Existing law requires the State Department of Education to develop an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.

This bill would require the department to post on its Internet Web site the online training module developed by the department and an annually updated list of other available online training modules relating to bullying or bullying prevention. The bill would require a school operated by a school district or a county office of education and a charter school to annually make available the online training module developed by the department to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils. By imposing additional duties on schools operated by a school district or a county office of education and charter schools, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics such as disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, or sexual orientation, or association with a person or group with one or more of the specified characteristics.

This bill would require local educational agencies, as defined, to adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

Existing law requires the State Department of Education to develop an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.

This bill would require the department to post on its Internet Web site the online training module developed by the department and an annually updated list of other available online training modules relating to bullying or bullying prevention. The bill would require a school operated by a school district or a county office of education and a charter school to annually make available the online training module developed by the department to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils. By imposing additional duties on schools operated by a school district or a county office of education and charter schools, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics such as disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, or sexual orientation, or association with a person or group with one or more of the specified characteristics.

This bill would require local educational agencies agencies, as defined, to adopt, on or before December 31, 2019, procedures for preventing acts of bullying. bullying, including cyberbullying. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

Existing law requires the State Department of Education to develop an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.

This bill would require the department to post on its Internet Web site the online training module developed by the department and an annually updated list of other available online training modules relating to bullying or bullying prevention. The bill would require a school operated by a school district or a county office of education and a charter school to annually make available the online training module developed by the department to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils. By imposing additional duties on schools operated by a school district or a county office of education and charter schools, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics such as disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, or sexual orientation, or association with a person or group with one or more of the specified characteristics.

Existing law requires the State Department of Education to develop an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.

This bill would require the department to post on its Internet Web site the online training module developed by the department and an annually updated list of other available online training modules relating to bullying or bullying prevention. The bill would require a school operated by a school district or county office of education and a charter school to annually provide make available the online training module developed by the department to certificated schoolsite employees. employees and all other schoolsite employees who have regular interaction with pupils. By imposing additional duties on schools operated by a school district or county office of education and charter schools, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics such as disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, or sexual orientation, or association with a person or group with one or more of the specified characteristics.

Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of its schools, and requires the plans to include, among other elements, appropriate strategies that will address the schools procedures for complying with existing laws related to school safety, including a discrimination and harassment policy, as specified. Existing law provides that the Legislature encourages, as comprehensive school safety plans are reviewed and updated, all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.

This bill would delete the statement encouraging comprehensive school safety plans to include policies and procedures aimed at the prevention of bullying. The bill would include in the appropriate strategies that will address the schools procedures for complying with existing laws related to school safety, policies and procedures relating to bullying and the prevention of bullying adopted pursuant to the Safe Place to Learn Act. By requiring school districts and county offices of education to include an additional element in comprehensive school safety plans, the bill would impose a state-mandated local program.

Existing law requires the State Department of Education to develop an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.

This bill would require the department to post on its Internet Web site the online training module developed by the department and an annually updated list of other available online training modules relating to bullying or bullying prevention. The bill would require a school operated by a school district or county office of education and a charter school to annually provide the online training module developed by the department to certificated schoolsite employees. By imposing additional duties on schools operated by a school district or county office of education and charter schools, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2291

Author:(Chiu)

As Amended Ver:June 13, 2018

Majority vote

Original Committee Reference: ED.

SUMMARY: Requires local educational agencies to adopt procedures for preventing acts of bullying and cyberbullying; requires the California Department of Education to post on its website the online training module relating to bullying and cyberbullying currently under development; and requires schools to make this online training available to school employees.

The Senate amendments:

1. Add cyberbullying to the requirement that local education agencies adopt procedures related to the prevention of bullying.
2. Define "local educational agency" for these purposes as a school district, a county office of education, or a charter school.

EXISTING LAW:

1. Requires the CDE to monitor, through its federal program monitoring process, whether local education agencies have: (Education Code Section 234.1)
   1. Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics defined as hate crimes, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.
   2. Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying, including a requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so; and a timeline for the investigation and resolution of complaints, and an appeal process.
   3. Publicized antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public.
   4. Provided certificated school employees in schools serving pupils in grades seven to 12, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation.
   5. Posted the policy in all schools and offices, including staff lounges and pupil government meeting rooms.
   6. Maintained documentation of complaints and their resolution for a minimum of one review cycle.
   7. Ensured that complainants are protected from retaliation and that their identity remains confidential, as appropriate.
   8. Identified a responsible LEA officer for ensuring compliance.
2. Requires a charter school to include in its petition to establish the charter school must include the procedures that the charter school will follow to ensure the safety of pupils and staff (EC 47605).
3. Requires the CDE to develop an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying. The online training module shall include, but is not limited to, identifying an act of bullying or cyberbullying, and implementing strategies to address bullying and cyberbullying (EC 32283.5).

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. By requiring schools to make the online bullying training module available to school employees who have regular interaction with students and to adopt procedures for preventing bullying, this bill could result in a reimbursable state mandate. The extent of the costs is unknown, but assuming a minimum of $1,000 per school district, Proposition 98 General Fund costs could be in the low millions.
2. The CDE estimates ongoing General Fund costs of $60,000 to post on its website and update a list of available online training modules relating to bullying or bullying prevention and to update its web resources to comply with the bill's requirements

COMMENTS: According to the author, "Studies have shown that when a student is bullied or harassed, the most common motivation for that behavior is tied to the victim's race, national origin, religion, gender, and sexual orientation. Prior legislation required the Department of Education to develop an online training module to increase knowledge of the dynamics of bullying and cyberbullying. AB 2291 expands on that legislation by requiring CDE to release that training module through their website and have schools share the training module with school staff. This will ensure educators are given the training and tools they need to address and prevent bullying. A safe school is an environment where students and educators can focus on learning and teaching. Bullying, harassment, discrimination, and fear disrupt that process. Schools have a responsibility to ensure that educators and staff are adequately equipped to stop bullying and harassment in classrooms."

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087 FN: 0004139

 THIRD READING  

Bill No: AB 2291

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 6-0, 6/6/18

AYES: Allen, Wilk, Galgiani, Leyva, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 73-0, 5/10/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Advancement Project

Asian Americans Advancing Justice – California

Council on American-Islamic Relations – California Chapter

Equality California

DIGEST:

This bill requires: (1) a local educational agency (LEA) to adopt procedures for preventing acts of bullying, including cyberbullying; (2) the California Department of Education (CDE) to post on its Web site the online training module relating bullying and cyberbullying developed by CDE, as well as an annually updated list of other online training modules relating to bullying and cyberbullying; and (3) schools operated by a school districts or county office of educations and charter schools to annually make available the online training module developed by the CDE to specified employees.

ANALYSIS:

Existing law:

1. Establishes the Safe Place to Learn Act, which:
   1. Requires the CDE to monitor, as part of its compliance monitoring process, whether LEAs have:
      1. Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics defined as hate crimes, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy must include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.
      2. Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying, including:
         1. A requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so.
         2. A timeline for the investigation and resolution of complaints, and an appeal process.
      3. Publicized antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public.
      4. Provided certificated school employees in schools serving pupils in grades 7 to 12, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation.
      5. Posted the policy in all schools and offices, including staff lounges and pupil government meeting rooms.
      6. Maintained documentation of complaints and their resolution for a minimum of one review cycle.
      7. Ensured that complainants are protected from retaliation and that their identity remains confidential, as appropriate.
      8. Identified a responsible local educational agency (LEA) officer for ensuring compliance. (Education Code § 234.1)
   2. Requires the CDE to display current information, and periodically update information, on curricula and other resources that specifically address bias-related discrimination, harassment, intimidation, cyber sexual bullying, and bullying on its Web site. (EC § 234.2)
   3. Requires the CDE to develop, and post on its Web site, a model handout describing the policies addressing bias-related discrimination, harassment, intimidation, and bullying in schools. (EC § 234.3)
2. Requires each school district or county office of education to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. The schoolsite council or a school safety planning committee is responsible for developing the comprehensive school safety plan. (EC § 32281)
3. Requires school safety plans to include, among other things, a discrimination and harassment policy consistent with the prohibition against discrimination identified the Safe Place to Learn Act. (EC § 32282)
4. Encourages all comprehensive school safety plans, as they are reviewed and updated, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying. (EC § 32282)
5. Requires the CDE to develop an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying. The training module developed by CDE is required to include, but not be limited to, identifying an act of bullying or cyberbullying, and implementing strategies to address bullying and cyberbullying. (EC § 32282.5)
6. Requires a charter school petition to include the procedures that the charter school will follow to ensure the safety of pupils and staff. (EC § 47605)
7. Prohibits the suspension of a pupil or an expulsion, unless it has been determined that the pupil has committed certain acts, including engaging in an act of bullying, including bullying by an electronic act. (EC § 48900)
8. Authorizes a school or district administrator to refer a victim of, witness to, other pupil affected by, an act of bullying, or a pupil who has engaged in an act of bullying to the school counselor, school psychologist, social worker, child welfare attendance personnel, school nurse, or other school support service personnel for case management, counseling, and participation in a restorative justice program, as appropriate. (EC § 48900.9)

This bill requires (1) LEAs to adopt procedures for preventing acts of bullying, including cyberbullying; (2) the CDE to post on its Web site the online training module relating bullying and cyberbullying developed by CDE, as well as an annually updated list of other online training modules relating to bullying and cyberbullying; and (3) schools operated by a school districts or county office of educations and charter schools to annually make available the online training module developed by the CDE to specified employees. Specifically, this bill:

1. Requires LEAs to adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying.
2. Requires CDE to post on its Internet Web site:
   1. The online training module developed by CDE described above.
   2. A list of available online training modules relating to bullying or bullying prevention, which CDE shall annually update.
3. Requires a school operated by a school district or county office of education and a charter school to annually make available the online training module developed by the CDE to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils.
4. Defines LEA for its purposes to mean a school district, a county office of education, or a charter school.

Comments

1. Need for the bill. According to the author, “Divisive national political attitudes have inflamed a disturbing trend of scapegoating and fear mongering towards vulnerable populations based on their ethnic heritage, sexual orientation, gender, and religion. Distressingly, this attitude filters down into our schools. Studies have shown that when a student is bullied or harassed, the most common motivation for that behavior is tied to the victim’s race, national origin, religion, gender, and sexual orientation.

Children who suffer chronic and moderate levels of bullying at school have lower academic achievement and less confidence in their academic abilities as a result of their experiences. School districts lose out on an estimated $276 million annually, due to student absenteeism caused by bullying. It is vital that educators and school staff have every tool available in order to prevent these experiences in our classrooms.”

1. Bullying in schools. As noted in the Assembly Education Committee’s analysis, bullying continues to be an issue in our schools, particularly for some communities of students. For example, A 2015 report published by the California chapter of the Council on American-Islamic Relations, titled Mislabeled: The Impact of School Bullying and Discrimination on California Muslim Students, reported data from surveys of 500 Muslim students in California:

• 55 percent of students surveyed reported being subjected to some form of bullying based on their religious identity. This is twice as high as the national percentage of students who report being bullied at school;
• 29 percent of the female students who wear a hijab, the Islamic headscarf, reported being offensively touched by another student, and 27 percent reported being discriminated against by their teacher;
• 19 percent of students reported cyberbullying based on religion;
• 20 percent of students reported that school staff either made offensive comments about the students’ religion;
• 20 percent of students who reported bullying were unhappy with the response from school administrators.

Another example, The Gay Lesbian Straight Education Network’s 2013 National School Climate Survey found that:

• 91 percent of California LGBTQ students report hearing anti-LGBTQ remarks;
• 7 in 10 reported being called names or threatened based on their sexual orientation;
• Nearly one-third report physical harassment or assault;
• 46 percent report cyberbullying;
• LGBTQ students who are harassed do not report these incidents to school staff, primarily because they believe school staff will not address these problems.

Related/Prior Legislation

AB 1318 (Chiu, 2017) would have required schools to provide staff members information about local resources available to support pupils subject to bias and discrimination based on certain actual or perceived characteristics; required annual trainings of school staff on addressing intergroup conflict; requires reporting of bullying incidents to the Superintendent of Public Instruction (SPI); and required CDE to provide specific information on its Web site related to bias and discrimination and intergroup conflict. AB 1318 was held in Assembly Appropriations in 2017.

AB 2845 (Williams, Chapter 621, Statutes of 2016) required the CDE, as part of its existing compliance monitoring activities, to assess whether LEAs have provided information to staff serving students in grades 7 through 12 on resources related to bullying due to religious affiliation, and required the CDE to post on its Web site a list of the resources that support students who have been subject to school-based discrimination on the basis of actual or perceived religious affiliation, nationality, race or ethnicity.

AB 827 (O’Donnell, Chapter 562, Statutes of 2015) required the CDE, as part of its compliance monitoring, to assess whether LEAs have provided information to certificated staff serving grades 7-12 on schoolsite and community resources for LGBTQ students.

AB 1993 (Fox, Chapter 418, Statutes of 2014) required the CDE to develop an online training module on bullying and cyberbullying referenced in this bill.

AB 514 (Bonta, Chapter 514, Statutes of 2013) expanded the existing list of resources the SPI is required to post on the CDE Web site to include resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home and at school.

AB 9 (Ammiano), Chapter 723, Statutes of 2011) required a school district to include specific information in its policies and procedures regarding discrimination, harassment, intimidation, and bullying, and required the policies to include complaint procedures and alternative discipline policies for pupils who engage in this behavior.

AB 394 (Levine, Chapter 394, Statutes of 2007) required the CDE to assess LEAs, as part of CDE’s existing monitoring process, for compliance with specific anti-discrimination and harassment policies and procedures, and display on their Web site specific bias-related and discrimination and harassment information.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, by “requiring schools to make the online bullying training module available to school employees who have regular interaction with students and to adopt procedures for preventing bullying, this bill could result in a reimbursable state mandate. The extent of the costs is unknown, but assuming a minimum of $1,000 per school district, Proposition 98 General Fund costs could be in the low millions. The CDE estimates ongoing General Fund costs of $60,000 to post on its website and update a list of available online training modules relating to bullying or bullying prevention and to update its web resources to comply with the bill’s requirements.”

SUPPORT: (Verified 8/16/18)

Advancement Project (co-source)

Asian Americans Advancing Justice – California (co-source)

Council on American-Islamic Relations, California Chapter (co-source)

Equality California (co-source)

American Academy of Pediatrics

American Civil Liberties Union of California

Asian American Drug Abuse Program

Bay Area Student Activists

California Association of School Phycologists

California Immigrant Policy Center

California School Boards Association

California State PTA

Common Sense Kids Action

County of Los Angeles

Disability Rights California

Fresno Interdenominational Refugee Ministries

Hmong Innovating Politics

InnerCity Struggle

Junior Leagues of California State Public Affairs Committee

Khmer Girls in Action

Korean American Coalition

Koreatown Immigrant Workers Alliance

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

National Asian Pacific American Families Against Substance Abuse, Inc.

National Association of Social Workers – California Chapter

South Asian Network

Southeast Asia Resource Action Center

State Council on Developmental Disabilities

Thai Health and Information Services

The Education Trust—West

OPPOSITION: (Verified 8/16/18)

None received

ASSEMBLY FLOOR: 73-0, 5/10/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Cooley, Friedman, Cristina Garcia, Obernolte

Prepared by:

8/18/18 14:27:28

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2291 (Chiu) - School safety: bullying

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill requires local educational agencies (LEAs) to adopt procedures for preventing acts of bullying and the California Department of Education (CDE) to post on its web site the online training module relating bullying and cyberbullying that CDE is currently developing. This bill also requires schools make this online training available school employees.

Fiscal Impact:

• By requiring schools to make the online bullying training module available to school employees who have regular interaction with students and to adopt procedures for preventing bullying, this bill could result in a reimbursable state mandate. The extent of the costs is unknown, but assuming a minimum of $1,000 per school district, Proposition 98 General Fund costs could be in the low millions.
• The CDE estimates ongoing General Fund costs of $60,000 to post on its website and update a list of available online training modules relating to bullying or bullying prevention and to update its web resources to comply with the bill’s requirements.

Background: Existing law requires the CDE to monitor, as part of its compliance monitoring process, whether LEAs have:

1. Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics defined as hate crimes, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy must include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.
2. Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying, including a requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so.

Existing law requires the CDE to display current information, and periodically update information, on curricula and other resources that specifically address bias-related discrimination, harassment, intimidation, cyber sexual bullying, and bullying on its website, and also requires the CDE to develop, and post on its website, a model handout describing the policies addressing bias-related discrimination, harassment, intimidation, and bullying in schools.

Existing law requires each school district or county office of education to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. The schoolsite council or a school safety planning committee is responsible for developing the comprehensive school safety plan. School safety plans are to include, among other things, a discrimination and harassment policy consistent with the prohibition against discrimination identified the Safe Place to Learn Act. Existing law encourages all comprehensive school safety plans, as they are reviewed and updated, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.

Existing law requires the CDE to develop an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying. The training module developed by CDE is required to include, but not be limited to, identifying an act of bullying or cyberbullying, and implementing strategies to address bullying and cyberbullying.

Proposed Law:

This bill requires an LEA to adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying.

This bill also requires CDE to post on its Internet Web site, the online training module that it is currently developing and a list of available online training modules relating to bullying or bullying prevention, which CDE shall annually update.

This bill requires schools to annually make available the online training module developed by the CDE to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils.

Related Legislation:

AB 1318 (Chiu, 2017) would have required schools to provide staff members information about local resources available to support pupils subject to bias and discrimination based on certain actual or perceived characteristics; required annual trainings of school staff on addressing intergroup conflict; requires reporting of bullying incidents to the Superintendent of Public Instruction (SPI); and required (CDE) to provide specific information on its website related to bias and discrimination and intergroup conflict. AB 1318 was held in Assembly Appropriations in 2017.

AB 2845 (Williams, Chapter 621, Statutes of 2016) requires the CDE, as part of its existing compliance monitoring activities, to assess whether LEAs have provided information to staff serving students in grades 7 through 12 on resources related to bullying due to religious affiliation, and requires the CDE to post on its website a list of the resources that support students who have been subject to school-based discrimination on the basis of actual or perceived religious affiliation, nationality, race or ethnicity.

AB 1993 (Fox, Chapter 418, Statutes of 2014) requires the CDE to develop an online training module on bullying and cyberbullying referenced in this bill.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: Hearing Date: June 6, 2018

Subject:

SUMMARY

This bill requires: (1) a local educational agency (LEA) to adopt procedures for preventing acts of bullying; (2) the California Department of Education (CDE) to post on its web site the online training module relating bullying and cyberbullying developed by CDE, as well as an annually updated list of other online training modules relating to bullying and cyberbullying; and (3) schools operated by a school districts or county office of educations and charter schools to annually make available the online training module developed by the CDE to specified employees.

BACKGROUND

Existing law:

1) Establishes the Safe Place to Learn Act, which:

a) Requires the CDE to monitor, as part of its compliance monitoring process, whether LEAs have:

i) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics defined as hate crimes, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy must include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.

ii) Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying, including:

I. A requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so.

II. A timeline for the investigation and resolution of complaints, and an appeal process.

iii) Publicized antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public.

iv) Provided certificated school employees in schools serving pupils in grades 7 to 12, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation.

v) Posted the policy in all schools and offices, including staff lounges and pupil government meeting rooms.

vi) Maintained documentation of complaints and their resolution for a minimum of one review cycle.

vii) Ensured that complainants are protected from retaliation and that their identity remains confidential, as appropriate.

viii) Identified a responsible local educational agency (LEA) officer for ensuring compliance. (Education Code § 234.1)

b) Requires the California Department of Education (CDE) to display current information, and periodically update information, on curricula and other resources that specifically address bias-related discrimination, harassment, intimidation, cyber sexual bullying, and bullying on its website. (EC § 234.2)

c) Requires the CDE to develop, and post on its website, a model handout describing the policies addressing bias-related discrimination, harassment, intimidation, and bullying in schools. (EC § 234.3)

2) Requires each school district or county office of education to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. The schoolsite council or a school safety planning committee is responsible for developing the comprehensive school safety plan. (EC § 32281)

3) Requires school safety plans to include, among other things, a discrimination and harassment policy consistent with the prohibition against discrimination identified the Safe Place to Learn Act. (EC § 32282)

4) Encourages all comprehensive school safety plans, as they are reviewed and updated, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying. (EC § 32282)

5) Requires the California Department of Education (CDE) to develop an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying. The training module developed by CDE is required to include, but not be limited to, identifying an act of bullying or cyberbullying, and implementing strategies to address bullying and cyberbullying. (EC § 32282.5)

6) Requires a charter school petition to include the procedures that the charter school will follow to ensure the safety of pupils and staff. (EC § 47605)

7) Prohibits the suspension of a pupil or an expulsion, unless it has been determined that the pupil has committed certain acts, including engaging in an act of bullying, including bullying by an electronic act. (EC § 48900)

8) Authorizes a school or district administrator to refer a victim of, witness to, other pupil affected by, an act of bullying, or a pupil who has engaged in an act of bullying to the school counselor, school psychologist, social worker, child welfare attendance personnel, school nurse, or other school support service personnel for case management, counseling, and participation in a restorative justice program, as appropriate. (EC § 48900.9)

ANALYSIS

This bill requires: (1) a local educational agency (LEA) to adopt procedures for preventing acts of bullying; (2) the CDE to post on its web site the online training module relating bullying and cyberbullying developed by CDE, as well as an annually updated list of other online training modules relating to bullying and cyberbullying; and (3) schools operated by a school districts or county office of educations and charter schools to annually make available the online training module developed by the CDE to specified employees. Specifically, this bill:

1) Requires a LEA shall adopt, on or before December 31, 2019, procedures for preventing acts of bullying.

2) Requires CDE to post on its Internet Web site:

a) The online training module developed by CDE described above.

b) A list of available online training modules relating to bullying or bullying prevention, which CDE shall annually update.

3) Requires a school operated by a school district or county office of education and a charter school to annually make available the online training module developed by the CDE to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils.

STAFF COMMENTS

1. Need for the bill. According to the author, “Divisive national political attitudes have inflamed a disturbing trend of scapegoating and fear mongering towards vulnerable populations based on their ethnic heritage, sexual orientation, gender, and religion. Distressingly, this attitude filters down into our schools. Studies have shown that when a student is bullied or harassed, the most common motivation for that behavior is tied to the victim’s race, national origin, religion, gender, and sexual orientation.

A student survey from 2016 by the Council of American-Islamic Relations found that Muslim students reported significantly higher rates of discrimination and bullying compared to others. Findings showed that 53 percent of respondents report that students at school are made fun of, verbally insulted, or abused for being Muslim, more than double the national average. These same students are hesitant to report incidents, based on fear of retaliation, and a belief that teachers do not have the training needed to intervene and prevent these incidents.

Children who suffer chronic and moderate levels of bullying at school have lower academic achievement and less confidence in their academic abilities as a result of their experiences. School districts lose out on an estimated $276 million annually, due to student absenteeism caused by bullying. It is vital that educators and school staff have every tool available in order to prevent these experiences in our classrooms.”

2) Bullying in schools. As noted in the Assembly Education Committee’s analysis, bullying continues to be an issue in our schools, particularly for some communities of students. For example, A 2015 report published by the California chapter of the Council on American-Islamic Relations, titled Mislabeled: The Impact of School Bullying and Discrimination on California Muslim Students, reported data from surveys of 500 Muslim students in California:

• 55 percent of students surveyed reported being subjected to some form of bullying based on their religious identity. This is twice as high as the national percentage of students who report being bullied at school;
• 29 percent of the female students who wear a hijab, the Islamic headscarf, reported being offensively touched by another student, and 27 percent reported being discriminated against by their teacher;
• 19 percent of students reported cyberbullying based on religion;
• 20 percent of students reported that school staff either made offensive comments about the students’ religion;
• 20 percent of students who reported bullying were unhappy with the response from school administrators.

Another example, The Gay Lesbian Straight Education Network’s 2013 National School Climate Survey found that:

• 91 percent of California lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students report hearing anti-LGBTQ remarks;
• 7 in 10 reported being called names or threatened based on their sexual orientation;
• Nearly one-third report physical harassment or assault;
• 46 percent report cyberbullying;
• Lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students who are harassed do not report these incidents to school staff, primarily because they believe school staff will not address these problems.

1. Procedures for cyberbullying? This bill requires local educational agencies to adopt procedures for preventing bullying. Additionally, the bill requires the California Department of Education (CDE) to post online training modules relating to both bullying and cyberbullying. Elsewhere in the Education Code, specifically in the suspension and expulsion area, the Education Code provides definitions for many terms relating to bullying, including “bullying” to include bullying by “an electronic act,” which is analogous to cyberbullying. That same section of the Education Code also provides a definition for “cyber sexual bullying” and “burn pages.” While it may be counterproductive to prescribe an all-encompassing definition for bullying for purposes of this bill, staff recommends that the bill be amended to use consistent references to bullying, cyberbullying, and local educational agencies (LEAs), as detailed below:

“(a) A local educational agency shall adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying.

(b) For purposes of this section, a “local educational agency” means a school district, county office of education, or charter school.”

4) Incorporated into school safety plans? As noted above, comprehensive school safety plans are required to include a discrimination and harassment policy consistent with the state prohibition against discrimination. Importantly though, school safety plans are only encouraged to include procedures for preventing bullying. Additionally, it does not appear that the policies required by the Safe Place to Learn Act regarding harassment, intimidation, and bullying require anything specific to procedures for prevention; instead the policy must only prohibit those acts and include a process for receiving and investigating complaints responding to instances of harassment, intimidation, and bullying. Moreover, the school safety plan checklist provided by the CDE indicates that discrimination and harassment policy required in school safety plans is specific to hate crimes, but it does note that: “While the Legislature encourages school safety plans to include bullying policies and procedures to the extent resources are available, other legislation requires that all schools have an anti-bullying policy the covers all types of bullying, including cyber-bullying. While it is not required to place these policies in the school safety plan, they may be placed here.”

A previous version of this bill required that the procedures for preventing bullying be required as part of the school safety plan. However, as noted in the Assembly Appropriations Committee analysis, “Current law also requires schools to have adopted policies to prohibit discrimination and bullying as part of their school safety plans. This bill’s requirement for schools to adopt procedures for the prevention of bullying likely would be added to these school safety plans. The California Department of Education CDE oversees school safety plans as part of regular compliance monitoring process.”

5) Previous legislation. AB 1318 (Chiu, 2017) would have required schools to provide staff members information about local resources available to support pupils subject to bias and discrimination based on certain actual or perceived characteristics; required annual trainings of school staff on addressing intergroup conflict; requires reporting of bullying incidents to the Superintendent of Public Instruction (SPI); and required (CDE) to provide specific information on its website related to bias and discrimination and intergroup conflict. AB 1318 was held in Assembly Appropriations in 2017.

AB 2845 (Williams, Chapter 621, Statutes of 2016) requires the CDE, as part of its existing compliance monitoring activities, to assess whether LEAs have provided information to staff serving students in grades 7 through 12 on resources related to bullying due to religious affiliation, and requires the CDE to post on its website a list of the resources that support students who have been subject to school-based discrimination on the basis of actual or perceived religious affiliation, nationality, race or ethnicity.

AB 827 (O’Donnell, Chapter 562, Statutes of 2015) requires the CDE, as part of its compliance monitoring, to assess whether LEAs have provided information to certificated staff serving grades 7-12 on schoolsite and community resources for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students.

AB 1993 (Fox, Chapter 418, Statutes of 2014) requires the CDE to develop an online training module on bullying and cyberbullying referenced in this bill.

AB 514 (Bonta, Chapter 514, Statutes of 2013) expands the existing list of resources the SPI is required to post on the CDE website to include resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home and at school.

AB 9 (Ammiano), Chapter 723, Statutes of 2011) requires a school district to include specific information in its policies and procedures regarding discrimination, harassment, intimidation, and bullying, and requires the policies to include complaint procedures and alternative discipline policies for pupils who engage in this behavior.

AB 394 (Levine, Chapter 394, Statutes of 2007) requires the CDE to assess LEAs, as part of CDE’s existing monitoring process, for compliance with specific anti-discrimination and harassment policies and procedures, and display on their website specific bias-related and discrimination and harassment information.

SUPPORT

Advancement Project

American Academy of Pediatrics

American Civil Liberties Union of California

Asian American Drug Abuse Program (AADAP, Inc.)

Asian Americans Advancing Justice – California

Bay Area Student Activists

California Association of School Phycologists

California Immigrant Policy Center

California School Boards Association

California State PTA

Common Sense Kids Action

Council on American-Islamic Relations, California Chapter

County of Los Angeles

Disability Rights California

Equality California

Fresno Interdenominational Refugee Ministries

Hmong Innovating Politics

InnerCity Struggle

Junior Leagues of California State Public Affairs Committee

Khmer Girls in Action

Korean American Coalition

Koreatown Immigrant Workers Alliance

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

National Asian Pacific American Families Against Substance Abuse, Inc. (NAPAFASA)

South Asian Network

Southeast Asia Resource Action Center

State Council on Developmental Disabilities (SCDD)

Thai Health And Information Services

The Education Trust—West

OPPOSITION

None received

-- END --

Date of Hearing: May 2, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2291

Author:(Chiu) – As Amended Ver:April 23, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY: This bill requires schools to adopt, by December 31, 2019, procedures to prevent bullying; requires the California Department of Education (CDE) to post on CDE’s website the online training module on bullying CDE is currently developing and annually update on its website a list of available online training modules on bullying; and requires schools to make the online training available to school-site employees. It also requires schools to adopt, on or before December 31, 2019, procedures for preventing acts of bullying.

FISCAL EFFECT:

1. $60,000 in ongoing General Fund for CDE to post on its website and annually update a list of available online training modules relating to bullying or bullying prevention and include as part of its school compliance monitoring oversight of school’s procedures for preventing bullying.
2. Minor ongoing costs to schools to make the online bullying training available to school-site employees. Minor one-time costs to schools to adopt procedures for preventing bullying. These requirements could be reimbursable if the Commission on State Mandates were to determine them to be state mandates.

COMMENTS:

Current Law. As required by AB 1993 (Fox), Chapter 418, Statutes of 2014, CDE is developing an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying. (CDE indicates the module is to be available in June of 2018.)

Current law also requires schools to have adopted policies to prohibit discrimination and bullying as part of their school safety plans. This bill’s requirement for schools to adopt procedures for the prevention of bullying likely would be added to these school safety plans. CDE oversees school safety plans as part of regular compliance monitoring process.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 11, 2018

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 2291 (

Author:Chiu) – As Introduced Ver:February 13, 2018

SUBJECT: School safety: bullying

SUMMARY: Requires schools to include policies and procedures related to the prevention of bullying in comprehensive school safety plans, requires the California Department of Education (CDE) to post an online training module on bullying, and requires schools to annually provide the training module to certificated employees. Specifically, this bill:

1. Requires schools in school districts and county offices of education to include policies and procedures related to bullying and the prevention of bullying in their comprehensive school safety plan.
2. Deletes language encouraging schools to include policies and procedures aimed at the prevention of bullying in comprehensive school safety plans as these plans are reviewed and updated and to the extent that resources are available.
3. Requires the CDE to post on its website, the online training module currently required by law to assist school staff, administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.
4. Requires the CDE to annually update a list of available online training modules relating to bullying or bullying prevention and post it on their website.
5. Requires a school operated by a school district or county office of education and a charter school to annually provide the online training module developed by the CDE to certificated schoolsite employees.

EXISTING LAW:

1. Requires the CDE to monitor, through its federal program monitoring process, whether local education agencies (LEAs) have: (EC 234.1)
   1. Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics defined as hate crimes, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy must include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.
   2. Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying, including:
      1. A requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so.
      2. A timeline for the investigation and resolution of complaints, and an appeal process.
   3. Publicized antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public.
   4. Provided certificated school employees in schools serving pupils in grades 7 to 12, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation.
   5. Posted the policy in all schools and offices, including staff lounges and pupil government meeting rooms.
   6. Maintained documentation of complaints and their resolution for a minimum of one review cycle.
   7. Ensured that complainants are protected from retaliation and that their identity remains confidential, as appropriate.
   8. Identified a responsible LEA officer for ensuring compliance.
2. Requires a charter school to include in its petition to establish the charter school must include the procedures that the charter school will follow to ensure the safety of pupils and staff (EC 47605).
3. Requires the CDE to display current information, and periodically update information, on curricula and other resources that specifically address bias-related discrimination, harassment, intimidation, cyber sexual bullying, and bullying on its website (EC 234.2).
4. Requires the CDE to develop, and post on its website, a model handout describing the policies addressing bias-related discrimination, harassment, intimidation, and bullying in schools (EC 234.3).
5. Requires the CDE to develop an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying. The online training module shall include, but is not limited to, identifying an act of bullying or cyberbullying, and implementing strategies to address bullying and cyberbullying (EC 32283.5).
6. Prohibits the suspension of a pupil or an expulsion, unless it has been determined that the pupil has committed certain acts, including engaging in an act of bullying or cyberbullying (EC 48900).
7. Authorizes a school or district administrator to refer a victim of, witness to, other pupil affected by, an act of bullying, or a pupil who has engaged in an act of bullying to the school counselor, school psychologist, social worker, child welfare attendance personnel, school nurse, or other school support service personnel for case management, counseling, and participation in a restorative justice program, as appropriate (EC 48900.9).

FISCAL EFFECT: The Office of Legislative Counsel has keyed this as a state-mandated local program.

COMMENTS: Need for the bill. According to the author,

“Divisive national political attitudes have inflamed a disturbing trend of scapegoating and fear mongering towards vulnerable populations based on their ethnic heritage, sexual orientation, gender, and religion. Distressingly, this attitude filters down into our schools. Studies have shown that when a student is bullied or harassed, the most common motivation for that behavior is tied to the victim’s race, national origin, religion, gender, and sexual orientation.

Existing law requires each school and county office of education to develop comprehensive school safety plans. These plans require input from administrators, teachers, parents, and community members. While some schools voluntarily include bullying procedures and processes to prevent bullying, they are not required to include these elements. The impacts of bullying on campus climate make it necessary to include information on bullying in school safety plans and AB 2291 requires as much.

AB 2291 also requires public schools to annually provide their online module on the dynamics of bullying and cyberbullying to certificated employees. Additionally, AB 1993 (Fox) of 2014 required the Department of Education to develop an online training module to increase knowledge of the dynamics of bullying and cyberbullying. AB 2291 expands on that legislation by requiring CDE to release that training module through their website and have schools share the training module with school staff. This will ensure educators are given the training and tools they need to address and prevent bullying.

A safe school is an environment where students and educators can focus on learning and teaching. Bullying, harassment, discrimination, and fear disrupt that process. Schools have a responsibility to ensure that educators and staff are adequately equipped to stop bullying and harassment in classrooms.”

Surveys of California Muslim and Sikh students find high rates of bullying. A 2015 report published by the California chapter of the Council on American-Islamic Relations, titled Mislabeled: The Impact of School Bullying and Discrimination on California Muslim Students, reported data from surveys of 500 Muslim students in California:

• 55% of students surveyed reported being subjected to some form of bullying based on their religious identity. This is twice as high as the national percentage of students who report being bullied at school;
• 29% of the female students who wear a hijab, the Islamic headscarf, reported being offensively touched by another student, and 27% reported being discriminated against by their teacher;
• 19% of students reported cyberbullying based on religion;
• 20% of students reported that school staff either made offensive comments about the students’ religion;
• 20% of students who reported bullying were unhappy with the response from school administrators.

Bias against LGBTQ students. The Gay Lesbian Straight Education Network’s (GLSEN) 2013 National School Climate Survey found that:

• 91% of California LGBTQ students report hearing anti-LGBTQ remarks;
• 7 in 10 reported being called names or threatened based on their sexual orientation;
• Nearly one-third report physical harassment or assault;
• 46% report cyberbullying;
• LGBTQ students who are harassed do not report these incidents to school staff, primarily because they believe school staff will not address these problems.

School district bullying policies required by current law. This bill requires schools in school districts or county offices of education to include policies and procedures intended to prevent bullying in their comprehensive school safety plan. These schools are required, under current law, to have adopted policies to prohibit discrimination and bullying, and this requirement is monitored by CDE’s regular compliance monitoring process. It is not clear why there is a need for this information to be duplicated in school safety plans.

Committee staff recommend that the bill be amended to remove the requirement to include policies and procedures relating to bullying and the prevention of bullying in the comprehensive school safety plan, and to revert to current law encouraging schools to do so.

Providing schools with online training. This bill requires that the online training module, currently under development at CDE, to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyperbullying be posted on the CDE’s website. The bill also requires CDE to post and annually update a list of available online training modules relating to bullying or bullying prevention.

The bill requires that all schools, including charter schools, provide the online training module developed by the CDE to certificated schoolsite employees annually. This would include teachers, administrators, as well as other pupil services personnel, such as school nurses, school psychologists, and counselors, among others. However, it would exclude classified staff such as paraprofessionals working with students, playground supervisors, and other staff who have regular interactions with students.

Committee staff recommends that the bill be amended to require that this training be made available to all schoolsite employees who have regular interactions with pupils, including both certificated and classified employees.

Similar and prior legislation. AB 1318 (Chiu) of this Session requires schools to provide staff members information about local resources available to support pupils subject to bias and discrimination based on certain actual or perceived characteristics; requires annual trainings of school staff on addressing intergroup conflict; requires reporting of bullying incidents to the Superintendent of Public Instruction (SPI); and requires CDE to provide specific information on its website related to bias and discrimination and intergroup conflict. This bill was held in Assembly Appropriations in 2017.

AB 2845 (Williams), Chapter 621, Statutes of 2016 requires the CDE, as part of its existing compliance monitoring activities, to assess whether LEAs have provided information to staff serving students in grades 7 through 12 on resources related to bullying due to religious affiliation, and requires the CDE to post on its website a list of the resources that support students who have been subject to school-based discrimination on the basis of actual or perceived religious affiliation, nationality, race or ethnicity.

AB 827 (O’Donnell), Chapter 562, Statutes of 2015 requires the CDE, as part of its compliance monitoring, to assess whether LEAs have provided information to certificated staff serving grades 7-12 on schoolsite and community resources for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students.

AB 1993 (Fox), Chapter 418, Statutes of 2014 requires the CDE to develop an online training module on bullying and cyberbullying.

AB 514 (Bonta), Chapter 514, Statutes of 2013 expands the existing list of resources the SPI is required to post on the CDE website to include resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home and at school.

AB 9 (Ammiano), Chapter 723, Statutes of 2011 requires a school district to include specific information in its policies and procedures regarding discrimination, harassment, intimidation, and bullying, and requires the policies to include complaint procedures and alternative discipline policies for pupils who engage in this behavior.

AB 394 (Levine), Chapter 394, Statutes of 2007, requires the CDE to assess local educational agencies, as part of CDE’s existing monitoring process, for compliance with specific anti-discrimination and harassment policies and procedures, and display on their website specific bias-related and discrimination and harassment information.

REGISTERED SUPPORT / OPPOSITION:

Support

Advancement Project (Co-Sponsor)

American Academy of Pediatrics

American Civil Liberties Union of California

Asian American Drug Abuse Program

Asian Americans Advancing Justice - California (Co-Sponsor)

California Medical Association

California State PTA

Common Sense Kids Action

Council on American-Islamic Relations-California Chapter (Co-Sponsor)

Disability Rights California

Education Trust-West

Equality California (Co-Sponsor)

Fresno Interdenominational Refugee Ministries

Hmong Innovating Politics

InnerCity Struggle

Junior Leagues of California State Public Affairs Committee

Khmer Girls in Action

Korean American Coalition

Koreatown Immigrant Workers Alliance

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

National Asian Pacific Families Against Substance Abuse

South Asian Network

Southeast Asia Resource Action Center

State Council on Developmental Disabilities

Opposition

None on file

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087