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Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

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INTRODUCED BY Assembly Member Eng

FEBRUARY 18, 2011

An act to amend Sections 32283, 48204, and 48900 of the Education
Code, relating to pupils.


LEGISLATIVE COUNSEL'S DIGEST


AB 1156, as introduced, 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 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.
(2) Existing law provides for residency requirements for school
attendance at a particular district.
This bill, as of July 1, 2012, would require the training of
schoolsite personnel in the prevention of bullying, as defined in the
bill, under this provision to be a component in the development of
school safety plans.
This bill, as of July 1, 2012, would provide that a pupil complies
with the residency requirements for school attendance in a school
district if that pupil's residence is located within the boundaries
of another school district, but the pupil has been determined by
personnel of that other district to have been the victim of an act of
bullying, as defined, committed by a pupil of that other district.
(3) Existing law prohibits the suspension, or recommendation for
expulsion, of a pupil from school unless the 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 includes
harassment, threats, intimidation, stalking, physical violence,
sexual harassment, sexual violence, theft, public humiliation,
destruction of property, or retaliation for asserting or alleging an
act of bullying, and further specifying that bullying has the effect
or can reasonably be predicted to have the effect of placing the
pupil or pupils in reasonable fear of harm to that pupil's or those
pupils' person or property, causing a substantially detrimental
effect on the pupil's or pupils' physical or mental health,
substantially interfering with the pupil's or pupils' academic
performance, or substantially interfering with the pupil's or pupils'
ability to participate in or benefit from the services, activities,
or privileges provided by a school.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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 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. Training of schoolsite personnel in the prevention of
bullying, as defined in subdivision (r) of Section 48900, shall be a
component in the development of school safety plans under this
section.
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. 3. Section 48204 of the Education Code, as amended by Section
2 of Chapter 33 of the Statutes of 2007, is amended to read:
48204. Notwithstanding Section 48200, a pupil complies with the
residency requirements for school attendance in a school district, if
he or she is:
(a) (1) A pupil placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a commitment
or placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.
(2) An agency placing a pupil in the home or institution described
in paragraph (1) shall provide evidence to the school that the
placement or commitment is pursuant to law.
(b) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(c) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.
(d) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult is a sufficient basis for a determination that
the pupil lives in the home of the caregiver, unless the school
district determines from actual facts that the pupil is not living in
the home of the caregiver.
(e) A pupil residing in a state hospital located within the
boundaries of that school district.
(f) A pupil whose residence is located within the boundaries of
another school district, but who has been determined by personnel of
that other district to have been the victim of an act of bullying, as
defined in subdivision (r) of Section 48900, committed by a pupil of
that other district.

(f)

(g) This section shall become operative on July 1,
2012.
SEC. 4. 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) (1) Engaged in an act of bullying,
including, but not limited to, bullying committed by means
of an electronic act, as defined in subdivisions (f) and (g) of
Section 32261, directed specifically toward a pupil or school
personnel
harassment, threats, intimidation, stalking,
physical violence, sexual harassment, sexual violence, theft, public
humiliation, destruction of property, or retaliation for asserting
or alleging an act of bullying
.
(2) As used in this subdivision, "bullying" means any severe or
pervasive physical or verbal act or conduct, including communications
made in writing or electronically, 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 a pupil or pupils that
has or can be reasonably predicted to have the effect of one or more
of the following:

(A) Placing the pupil or pupils in reasonable fear of harm to that
pupil's or those pupils' person or property.

(B) Causing a substantially detrimental effect on the pupil's or
pupils' physical or mental health.

(C) Substantially interfering with the pupil's or pupils' academic
performance.

(D) Substantially interfering with the pupil's or pupils' ability
to participate in or benefit from the services, activities, or
privileges provided by a school.

(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. 5. This act shall become operative on July 1, 2012.