Bill Text: CA AB1156 | 2011-2012 | Regular Session | Chaptered
Bill Title: Pupils: bullying.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Passed) 2011-10-09 - Chaptered by Secretary of State - Chapter 732, Statutes of 2011. [AB1156 Detail]
Download: California-2011-AB1156-Chaptered.html
BILL NUMBER: AB 1156 CHAPTERED
BILL TEXT
CHAPTER 732
FILED WITH SECRETARY OF STATE OCTOBER 9, 2011
APPROVED BY GOVERNOR OCTOBER 9, 2011
PASSED THE SENATE SEPTEMBER 7, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN SENATE AUGUST 31, 2011
AMENDED IN SENATE JULY 6, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MAY 18, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
AMENDED IN ASSEMBLY MAY 3, 2011
INTRODUCED BY Assembly Member Eng
(Coauthors: Assembly Members Furutani, Hall, Swanson, Williams,
and Yamada)
(Coauthors: Senators Alquist, Blakeslee, Hancock, Liu, Lowenthal,
and Vargas)
FEBRUARY 18, 2011
An act to amend Sections 32261, 32282, 32283, 46600, and 48900 of
the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 1156, Eng. Pupils: bullying.
(1) Existing law establishes the public school system in this
state, and, among other things, provides for the establishment of
school districts throughout the state and for their provision of
instruction at the public elementary and secondary schools they
operate and maintain.
Existing law, the Interagency School Safety Demonstration Act of
1985, among other things, requires school districts and county
offices of education to be responsible for the overall development of
comprehensive school safety plans for schools operating kindergarten
or any of grades 1 to 12, inclusive, and further requires the
Department of Justice and the State Department of Education to
contract with one or more professional trainers to coordinate
statewide workshops for school districts, county offices of
education, and schoolsite personnel to assist them in the development
of school safety and crisis response plans.
This bill, as of July 1, 2012, would encourage the inclusion of
policies and procedures aimed at the prevention of bullying in
comprehensive school safety plans. The bill also would require the
Department of Justice and the State Department of Education to
contract to provide training in the prevention of bullying, as
defined in the bill.
(2) Existing law requires each person between 6 and 18 years of
age, inclusive, who is not otherwise exempt, to attend the public
full-time day school in the school district in which his or her
parent or guardian is a resident. Existing law authorizes the
governing boards of 2 or more school districts to enter into an
agreement, for a term not to exceed 5 school years, for the
interdistrict attendance of pupils who are residents of the
districts. Existing law requires the supervisor of attendance of the
school district of residence to issue an individual permit verifying
the district's approval, pursuant to policies of the governing board
of the school district and terms of the agreement, for the transfer.
Existing law establishes an appeal process for pupils whose permits
are denied, or, in the absence of an agreement between the school
districts, if the school districts fail or refuse to enter into an
agreement.
This bill, as of July 1, 2012, would require that a pupil who has
been determined by personnel of either the school district of
residence or the school district of proposed enrollment to have been
the victim of an act of bullying, as defined, committed by a pupil of
the school district of residence be given priority for interdistrict
attendance under any existing interdistrict attendance agreement or,
in the absence of an agreement, be given additional consideration
for the creation of an interdistrict attendance agreement, at the
request of the person having legal custody of the pupil.
To the extent this provision would impose new or additional duties
on school districts, it would constitute a state-mandated local
program.
(3) Existing law prohibits the suspension, or recommendation for
expulsion, of a pupil from school unless the school district
superintendent or the school principal determines that the pupil has
committed any of various specified acts, including, but not limited
to, bullying, as defined to include sexual harassment, hate violence,
or harassment, threats, or intimidation.
This bill, as of July 1, 2012, would amend the definition of
bullying in this provision by specifying that bullying means any
severe or pervasive physical or verbal act or conduct, including
communications made in writing or by means of an electronic act, as
defined, including, but not limited to, sexual harassment, hate
violence, or harassment, threats, or intimidation, that has the
effect or can reasonably be predicted to have the effect of placing a
reasonable pupil, as defined, in fear of harm to that pupil's or
those pupils' person or property, causing a reasonable pupil to
experience a substantially detrimental effect on his or her physical
or mental health, causing a reasonable pupil to experience
substantial interference with his or her academic performance, or
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.
(4) The bill would also make various technical and conforming
changes.
(5) 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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) A safe and civil school environment is necessary for pupils to
learn and achieve.
(b) Bullying causes physical, psychological, and emotional harm to
pupils, and interferes with pupils' ability to learn and participate
in school activities.
(c) Bullying has been linked to other forms of antisocial
behavior, such as vandalism, shoplifting, truancy and dropping out of
school, fighting, using drugs and alcohol, sexual harassment, and
sexual violence.
(d) Because of the negative outcomes associated with bullying in
schools, pupils, parents, and school personnel should be informed
about what behaviors constitute prohibited bullying.
(e) If victims of bullying feel unsafe at the schools where they
have been victimized, they should be accommodated if they desire to
attend another school, even if that school is located in another
school district.
SEC. 2. Section 32261 of the Education Code is amended to read:
32261. (a) The Legislature hereby recognizes that all pupils
enrolled in the state public schools have the inalienable right to
attend classes on school campuses that are safe, secure, and
peaceful. The Legislature also recognizes that pupils cannot fully
benefit from an educational program unless they attend school on a
regular basis. In addition, the Legislature further recognizes that
school crime, vandalism, truancy, and excessive absenteeism are
significant problems on far too many school campuses in the state.
(b) The Legislature hereby finds and declares that the
establishment of an interagency coordination system is the most
efficient and long-lasting means of resolving school and community
problems of truancy and crime, including vandalism, drug and alcohol
abuse, gang membership, gang violence, and hate crimes.
(c) It is the intent of the Legislature in enacting this chapter
to support California public schools as they develop their mandated
comprehensive safety plans that are the result of a systematic
planning process, that include strategies aimed at the prevention of,
and education about, potential incidents involving crime and
violence on school campuses, and that address the safety concerns of
local law enforcement agencies, community leaders, parents, pupils,
teachers, administrators, school police, and other school employees
interested in the prevention of school crime and violence.
(d) It is the intent of the Legislature in enacting this chapter
to encourage school districts, county offices of education, law
enforcement agencies, and agencies serving youth to develop and
implement interagency strategies, in-service training programs, and
activities that will improve school attendance and reduce school
crime and violence, including vandalism, drug and alcohol abuse, gang
membership, gang violence, hate crimes, bullying, including bullying
committed personally or by means of an electronic act, teen
relationship violence, and discrimination and harassment, including,
but not limited to, sexual harassment.
(e) It is the intent of the Legislature in enacting this chapter
that the School/Law Enforcement Partnership shall not duplicate any
existing gang or drug and alcohol abuse program currently provided
for schools.
(f) As used in this chapter, "bullying" has the same meaning as
set forth in subdivision (r) of Section 48900.
(g) As used in this chapter, "electronic act" has the same meaning
as set forth in subdivision (r) of Section 48900.
SEC. 3. Section 32282 of the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.). The disaster procedures shall also include, but not be
limited to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the California Emergency Management Agency and the Seismic
Safety Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
district or county office shall cooperate with the public agency in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Title 2.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the person designated by the principal. For purposes of this
paragraph, "gang-related apparel" shall not be considered a protected
form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by the public.
(f) As comprehensive school safety plans are reviewed and updated,
the Legislature encourages all plans, to the extent that resources
are available, to include policies and procedures aimed at the
prevention of bullying.
(g) The comprehensive school safety plan, as written and updated
by the schoolsite council or school safety planning committee, shall
be submitted for approval under subdivision (a) of Section 32288.
SEC. 4. Section 32283 of the Education Code is amended to read:
32283. The Department of Justice and the State Department of
Education, in accordance with Section 32262, shall contract with one
or more professional trainers to coordinate statewide workshops for
school districts, county offices of education, and schoolsite
personnel, and in particular school principals, to assist them in the
development of their respective school safety and crisis response
plans, and provide training in the prevention of bullying as defined
in subdivision (r) of Section 48900. The Department of Justice and
the State Department of Education shall work in cooperation with
regard to the workshops coordinated and presented pursuant to the
contracts. Implementation of this section shall be contingent upon
the availability of funds in the annual Budget Act.
SEC. 5. Section 46600 of the Education Code is amended to read:
46600. (a) (1) The governing boards of two or more school
districts may enter into an agreement, for a term not to exceed five
school years, for the interdistrict attendance of pupils who are
residents of the districts. The agreement may provide for the
admission to a district other than the district of residence of a
pupil who requests a permit to attend a school district that is a
party to the agreement and that maintains schools and classes in
kindergarten or any of grades 1 to 12, inclusive, to which the pupil
requests admission. Once a pupil in kindergarten or any of grades 1
to 12, inclusive, is enrolled in a school pursuant to this chapter,
the pupil shall not have to reapply for an interdistrict transfer,
and the governing board of the school district of enrollment shall
allow the pupil to continue to attend the school in which he or she
is enrolled, except as specified in paragraphs (2) and (4).
(2) The agreement shall stipulate the terms and conditions under
which interdistrict attendance shall be permitted or denied. The
agreement may contain standards for reapplication agreed to by the
district of residence and the district of attendance that differ from
the requirements prescribed by paragraph (1). The agreement may
stipulate terms and conditions established by the district of
residence and the district of enrollment under which the permit may
be revoked.
(3) The supervisor of attendance of the district of residence
shall issue an individual permit verifying the district's approval,
pursuant to policies of the governing board and terms of the
agreement for the transfer. A permit shall be valid upon concurring
endorsement by the designee of the governing board of the district of
proposed attendance. The stipulation of the terms and conditions
under which the permit may be revoked is the responsibility of the
district of attendance.
(4) Notwithstanding paragraph (2), a school district of residence
or school district of enrollment shall not rescind existing transfer
permits for pupils entering grade 11 or 12 in the subsequent school
year.
(b) A pupil who has been determined by personnel of either the
district of residence or the district of proposed enrollment to have
been the victim of an act of bullying, as defined in subdivision (r)
of Section 48900, committed by a pupil of the district of residence
shall, at the request of the person having legal custody of the
pupil, be given priority for interdistrict attendance under any
existing interdistrict attendance agreement or, in the absence of an
agreement, be given additional consideration for the creation of an
interdistrict attendance agreement.
(c) In addition to the requirements of subdivision (e) of Section
48915.1, and regardless of whether an agreement exists or a permit is
issued pursuant to this section, any district may admit a pupil
expelled from another district in which the pupil continues to
reside.
SEC. 6. Section 48900 of the Education Code is amended to read:
48900. A pupil shall not be suspended from school or recommended
for expulsion, unless the superintendent or the principal of the
school in which the pupil is enrolled determines that the pupil has
committed an act as defined pursuant to any of subdivisions (a) to
(r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
(2) Willfully used force or violence upon the person of another,
except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of an object of this type, the pupil had obtained written
permission to possess the item from a certificated school employee,
which is concurred in by the principal or the designee of the
principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or
been under the influence of, a controlled substance listed in Chapter
2 (commencing with Section 11053) of Division 10 of the Health and
Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a
controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, an alcoholic
beverage, or an intoxicant of any kind, and either sold, delivered,
or otherwise furnished to a person another liquid, substance, or
material and represented the liquid, substance, or material as a
controlled substance, alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or
private property.
(g) Stolen or attempted to steal school property or private
property.
(h) Possessed or used tobacco, or products containing tobacco or
nicotine products, including, but not limited to, cigarettes, cigars,
miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
packets, and betel. However, this section does not prohibit use or
possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or
vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or
negotiated to sell drug paraphernalia, as defined in Section 11014.5
of the Health and Safety Code.
(k) Disrupted school activities or otherwise willfully defied the
valid authority of supervisors, teachers, administrators, school
officials, or other school personnel engaged in the performance of
their duties.
( l ) Knowingly received stolen school property or
private property.
(m) Possessed an imitation firearm. As used in this section,
"imitation firearm" means a replica of a firearm that is so
substantially similar in physical properties to an existing firearm
as to lead a reasonable person to conclude that the replica is a
firearm.
(n) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a
complaining witness or a witness in a school disciplinary proceeding
for the purpose of either preventing that pupil from being a witness
or retaliating against that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or
sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of
this subdivision, "hazing" means a method of initiation or
preinitiation into a pupil organization or body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury or
personal degradation or disgrace resulting in physical or mental harm
to a former, current, or prospective pupil. For purposes of this
subdivision, "hazing" does not include athletic events or
school-sanctioned events.
(r) Engaged in an act of bullying. For purposes of this
subdivision, the following terms have the following meanings:
(1) "Bullying" means 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.
(2) "Electronic act" means the transmission of a communication,
including, but not limited to, a message, text, sound, or image, or a
post on a social network Internet Web site, by means of an
electronic device, including, but not limited to, a telephone,
wireless telephone or other wireless communication device, computer,
or pager.
(3) "Reasonable pupil" means a pupil, including, but not limited
to, an exceptional needs pupil, who exercises average care, skill,
and judgment in conduct for a person of his or her age, or for a
person of his or her age with his or her exceptional needs.
(s) A pupil shall not be suspended or expelled for any of the acts
enumerated in this section, unless that act is related to school
activity or school attendance occurring within a school under the
jurisdiction of the superintendent of the school district or
principal or occurring within any other school district. A pupil may
be suspended or expelled for acts that are enumerated in this section
and related to school activity or attendance that occur at any time,
including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored
activity.
(t) A pupil who aids or abets, as defined in Section 31 of the
Penal Code, the infliction or attempted infliction of physical injury
to another person may be subject to suspension, but not expulsion,
pursuant to this section, except that a pupil who has been adjudged
by a juvenile court to have committed, as an aider and abettor, a
crime of physical violence in which the victim suffered great bodily
injury or serious bodily injury shall be subject to discipline
pursuant to subdivision (a).
(u) As used in this section, "school property" includes, but is
not limited to, electronic files and databases.
(v) A superintendent of the school district or principal may use
his or her discretion to provide alternatives to suspension or
expulsion, including, but not limited to, counseling and an anger
management program, for a pupil subject to discipline under this
section.
(w) It is the intent of the Legislature that alternatives to
suspension or expulsion be imposed against a pupil who is truant,
tardy, or otherwise absent from school activities.
SEC. 7. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 8. This act shall become operative on July 1, 2012.
