Bill Text: CA AB9 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 9	AMENDED
	BILL TEXT

	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,  Gatto,  Gordon,
  Hall,  Ma, John A. Pérez,  V. Manuel Pérez,
 and Skinner)
   (  Coauthor:   Senator  
Kehoe   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 Sections 234.4 and 234.5 to, the Education Code, relating to
pupil rights.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 9, as amended, 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 would also 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
 to  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 state the intent of the Legislature that school
districts provide grade-level appropriate, professional development
training to school personnel to implement the school district policy
that prohibits discrimination, harassment, intimidation, and
bullying.
   The bill would require the Superintendent of Public Instruction,
at the beginning of each school year, to post 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 provide that its provisions shall become 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares that the State
of California is committed to a safe and civil educational
environment for all pupils, employees, parents and legal guardians,
volunteers, and patrons that is free from discrimination, harassment,
intimidation, or bullying.
   (b) The Legislature finds and declares that the intent of this act
is to clarify and supplement the existing law on discrimination,
harassment, intimidation, and bullying in public schools.
   (c) The Legislature finds and declares all of the following:
   (1) Pupils who are subjected to discrimination, harassment,
intimidation, or bullying may suffer long-term social, emotional, and
psychological harms.
   (2)  The public policy of this state is to reduce and ultimately
eliminate school-based discrimination, harassment, intimidation, and
bullying.
   (3) The public policy of this state is to provide pupils with a
safe school environment in which all pupils are included and
respected and have an equal opportunity to participate in all school
activities and events.
   (4) The most effective way to reduce discrimination, harassment,
intimidation, and bullying is to create a schoolwide culture of
inclusion and respect for differences.
   (5) The public policy of this state is to provide support for
youth who are victimized by discrimination, harassment, intimidation,
or bullying, and support for the families of those youth.
   (6) The public policy of this state is to ensure that laws and
policies that prohibit discrimination, harassment, intimidation, and
bullying are enforced evenhandedly and are not disproportionately
applied to any class or group.
  SEC. 2.  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. 3.  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. A school district shall, at a
minimum, do all of the following to comply with this subdivision:
   (1) Publish the policy in all parent-student handbooks issued in
the school district and include a statement about where pupils and
parents can obtain a complaint form.
   (2) Publish the policy and information about where a complaint
form can be obtained on the Internet Web site of the school district
and all individual school Internet Web sites, as applicable.
   (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 district or office 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. 4.  Section 234.2 of the Education Code is amended to read:
   234.2.  The department shall display 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. 5.  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. 6.  Section 234.4 is added to the Education Code, to read:
   234.4.  It is the intent of the Legislature that school districts
provide grade-level appropriate, professional development training to
school personnel to implement the school district policy that
prohibits discrimination, harassment, intimidation, and bullying
adopted pursuant to subdivision (a) of Section 234.1.
  SEC. 7.  Section 234.5 is added to the Education Code, to read:
   234.5.  At the beginning of each school year, the Superintendent
shall post 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. 8.  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. 9.  This act shall not be construed to require an exhaustion
of any administrative complaint process before civil law remedies may
be pursued.
  SEC. 10.  This act shall become operative on July 1, 2012.
  SEC. 11.  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.