Bill Text: CA AB2673 | 2017-2018 | Regular Session | Amended

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Bill Title: Educational equity: severe bullying complaints: local educational agency protocol.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-04-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2673 Detail]

Download: California-2017-AB2673-Amended.html

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Amended  IN  Assembly  March 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2673

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Introduced by Assembly Member Reyes

February 15, 2018

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An act to amend Section 234.2 of add Section 234.6 to the Education Code, relating to educational equity.

LEGISLATIVE COUNSEL'S DIGEST

AB 2673, as amended, Reyes. Educational equity: online resources. severe bullying complaints: local educational agency protocol.

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 actual or perceived 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 actual or perceived characteristics.

This bill would require, on or before May 31, 2019, the Superintendent of Public Instruction to develop and issue mandatory protocol to local educational agencies, as defined, regarding how to advise schools within the local educational agencies’ jurisdiction to proceed in a situation in which a severe bullying complaint, as defined, has been substantiated. Because the protocol would impose additional requirements on local educational agencies, 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 requires the State Department of Education 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 based on certain actual or perceived characteristics on the California Healthy Kids Resource Center Internet Web site and other appropriate department Internet Web sites where information about discrimination, harassment, intimidation, cyber sexual bullying, and bullying is posted.

This bill would make nonsubstantive changes to those provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 234.6 is added to the Education Code, to read:

234.6.

 (a) On or before May 31, 2019, the Superintendent shall develop and issue mandatory protocol to local educational agencies regarding how to advise schools within the local educational agencies’ jurisdiction to proceed in a situation in which a severe bullying complaint has been substantiated. The protocol shall include, but is not limited to, all of the following:

(1) Conducting an investigation into the allegation.

(2) Conflict resolution strategies, including both of the following:

(A) Informal conferences with the parties.

(B) Referrals of involved parties to the appropriate school counseling services.

(3) Internal review of school compliance with the state’s priorities for school climate.

(b) The protocol adopted pursuant to this section is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(c) For purposes of this section, the following terms have the following meanings:

(1) “Local educational agency” means a school district, county office of education, or charter school.

(2) “Severe bullying complaint” means a situation in which both of the following occur:

(A) A parent or guardian of a pupil has contacted a school to file a complaint and seek redress regarding an instance of harassment or bullying of his or her child by another pupil.

(B) A school has reasonable suspicion that a pupil has done either of the following:

(i) Used threatening words or behavior or engaged in disorderly behavior.

(ii) Displayed any writing, sign, or other visible representation that is threatening, abusive, or insulting.

SEC. 2.

 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.

SECTION 1.Section 234.2 of the Education Code is amended to read:

234.2.

(a)The department shall display current information, and periodically update information, on curricula and other resources that specifically address bias-related discrimination, harassment, intimidation, cyber sexual bullying, as defined in Section 48900, 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 on which information about discrimination, harassment, intimidation, cyber sexual bullying, and bullying is posted.

(b)The department shall annually inform school districts of the information on the California Healthy Kids Resource Center Internet Web site and other appropriate department Internet Web sites on which information about cyber sexual bullying is posted pursuant to subdivision (a). The department may use electronic mail to inform school districts of this information.

(c)School districts are encouraged to inform pupils regarding the available information and resources on the department’s Internet Web sites regarding the dangers and consequences of cyber sexual bullying to help reduce the instances of cyber sexual bullying.