Bill Text: CA AB9 | 2011-2012 | Regular Session | Chaptered
Bill Title: Pupil rights: bullying.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2011-10-09 - Chaptered by Secretary of State - Chapter 723, Statutes of 2011. [AB9 Detail]
Download: California-2011-AB9-Chaptered.html
BILL NUMBER: AB 9 CHAPTERED
BILL TEXT
CHAPTER 723
FILED WITH SECRETARY OF STATE OCTOBER 9, 2011
APPROVED BY GOVERNOR OCTOBER 9, 2011
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY SEPTEMBER 7, 2011
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE AUGUST 18, 2011
AMENDED IN SENATE JUNE 14, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY APRIL 6, 2011
AMENDED IN ASSEMBLY MARCH 21, 2011
INTRODUCED BY Assembly Member Ammiano
(Principal coauthor: Assembly Member Yamada)
(Coauthors: Assembly Members Allen, Buchanan, Gatto, Gordon, Hall,
Ma, John A. Pérez, V. Manuel Pérez, and Skinner)
(Coauthors: Senators Kehoe, Leno, and Yee)
DECEMBER 6, 2010
An act to amend Sections 234, 234.1, 234.2, and 234.3 of, and to
add Section 234.5 to, the Education Code, relating to pupil rights.
LEGISLATIVE COUNSEL'S DIGEST
AB 9, Ammiano. Pupil rights: bullying.
Existing law provides that it is the policy of the state to afford
all persons in public schools, regardless of their disability,
gender, nationality, race or ethnicity, religion, sexual orientation,
or any other characteristic that is contained in the definition of
hate crimes, equal rights and opportunities in the educational
institutions of the state, and that it is the purpose of existing law
to prohibit acts that are contrary to that policy and to provide
remedies therefor. Existing law requires the State Department of
Education to develop a model handout, posted on appropriate
department Internet Web sites, describing the rights and obligations
set forth in these provisions and the policies addressing
bias-related discrimination and harassment in schools. Existing law
also requires the department to monitor adherence to these provisions
and, as part of its regular monitoring and review of local
educational agencies, to assess whether local educational agencies
have adopted a policy that prohibits discrimination and harassment
and a process for receiving and investigating complaints of
discrimination and harassment, as specified.
This bill would require the policy adopted by the local
educational agencies to prohibit discrimination, harassment,
intimidation, and bullying based on actual or perceived
characteristics, as specified. The bill also would require the
process for receiving and investigating complaints to include
complaints of discrimination, harassment, intimidation, and bullying
based on actual or perceived characteristics, as specified, and to
include a requirement that school personnel who witness such acts
take immediate steps to intervene when safe to do so, a timeline to
investigate and resolve complaints, and an appeal process, as
specified. The bill would make other conforming changes.
Because this bill would require local educational agencies to
perform additional duties, this bill would impose a state-mandated
local program.
The bill would require the Superintendent of Public Instruction to
post, and annually update, on his or her Internet Web site, and to
provide to each school district, a list of statewide resources,
including community-based organizations, that provide support to
youth who have been subjected to school-based discrimination,
harassment, intimidation, or bullying, and their families.
The bill would make its provisions operative on July 1, 2012.
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. Section 234 of the Education Code is amended to read:
234. (a) This article shall be known, and may be cited, as the
Safe Place to Learn Act.
(b) It is the policy of the State of California to ensure that all
local educational agencies continue to work to reduce
discrimination, harassment, violence, intimidation, and bullying. It
is further the policy of the state to improve pupil safety at schools
and the connections between pupils and supportive adults, schools,
and communities.
SEC. 2. Section 234.1 of the Education Code is amended to read:
234.1. The department, pursuant to subdivision (b) of Section
64001, shall monitor adherence to the requirements of Chapter 5.3
(commencing with Section 4900) of Division 1 of Title 5 of the
California Code of Regulations and Chapter 2 (commencing with Section
200) as part of its regular monitoring and review of local
educational agencies, commonly known as the Categorical Program
Monitoring process. The department shall assess whether local
educational agencies have done all of the following:
(a) Adopted a policy that prohibits discrimination, harassment,
intimidation, and bullying based on the actual or perceived
characteristics set forth in Section 422.55 of the Penal Code and
Section 220, 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 shall
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.
(b) Adopted a process for receiving and investigating complaints
of discrimination, harassment, intimidation, and bullying based on
any of the actual or perceived characteristics set forth in Section
422.55 of the Penal Code and Section 220, 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
complaint process shall include, but not be limited to, all of the
following:
(1) A requirement that, if school personnel witness an act of
discrimination, harassment, intimidation, or bullying, he or she
shall take immediate steps to intervene when safe to do so.
(2) A timeline to investigate and resolve complaints of
discrimination, harassment, intimidation, or bullying that shall be
followed by all schools under the jurisdiction of the school
district.
(3) An appeal process afforded to the complainant should he or she
disagree with the resolution of a complaint filed pursuant to this
section.
(4) All forms developed pursuant to this process shall be
translated pursuant to Section 48985.
(c) Publicized antidiscrimination, antiharassment,
anti-intimidation, and antibullying policies adopted pursuant to
subdivision (a), including information about the manner in which to
file a complaint, to pupils, parents, employees, agents of the
governing board, and the general public. The information shall be
translated pursuant to Section 48985.
(d) Posted the policy established pursuant to subdivision (a) in
all schools and offices, including staff lounges and pupil government
meeting rooms.
(e) Maintained documentation of complaints and their resolution
for a minimum of one review cycle.
(f) Ensured that complainants are protected from retaliation and
that the identity of a complainant alleging discrimination,
harassment, intimidation, or bullying remains confidential, as
appropriate.
(g) Identified a responsible local educational agency officer for
ensuring school district or county office of education compliance
with the requirements of Chapter 5.3 (commencing with Section 4900)
of Division 1 of Title 5 of the California Code of Regulations and
Chapter 2 (commencing with Section 200).
SEC. 3. Section 234.2 of the Education Code is amended to read:
234.2. The department shall display current information, and
periodically update information, on curricula and other resources
that specifically address bias-related discrimination, harassment,
intimidation, and bullying based on any of the actual or perceived
characteristics set forth in Section 422.55 of the Penal Code and
Section 220 on the California Healthy Kids Resource Center Internet
Web site and other appropriate department Internet Web sites where
information about discrimination, harassment, intimidation, and
bullying is posted.
SEC. 4. Section 234.3 of the Education Code is amended to read:
234.3. The department shall develop a model handout describing
the rights and obligations set forth in Sections 200, 201, and 220
and the policies addressing bias-related discrimination, harassment,
intimidation, and bullying in schools. This model handout shall be
posted on appropriate department Internet Web sites.
SEC. 5. Section 234.5 is added to the Education Code, to read:
234.5. The Superintendent shall post, and annually update, on his
or her Internet Web site and provide to each school district a list
of statewide resources, including community-based organizations, that
provide support to youth who have been subjected to school-based
discrimination, harassment, intimidation, or bullying, and their
families.
SEC. 6. This act shall not be construed to limit pupil rights to
free speech as protected by the United States Constitution, the
California Constitution, Sections 48907 and 48950 of the Education
Code, and other applicable law.
SEC. 7. This act shall not be construed to require an exhaustion
of any administrative complaint process before civil law remedies may
be pursued.
SEC. 8. This act shall become operative on July 1, 2012.
SEC. 9. 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.
