Laws

e-rate:

SB 1492 [Broadband Data Improvement Act]

• As of January 1, 2009, the Broadband Data Improvement Act requires schools receiving federal E‑Rate discounts on telecommunications services and Internet access to educate their students “about appropriate online behavior, including interacting with other individuals on social networking sites and in chat rooms and cyberbullying awareness and response.”

Leginfo:Where you can go to get information on current legislation.  Click on the "Bill Information" button and then type in the number or keyword of your search. 

AB 307 - Chavez Bill amended Section 51871.5 of the Education Code to include the following:

• Beginning July 1, 2008, technology plans shall include a component to educate pupils and teachers on the appropriate and ethical use of information technology in the classroom, Internet safety, the manner in which to avoid committing plagiarism, the concept, purpose, and significance of a copyright so that pupils are equipped with the skills necessary to distinguish lawful from unlawful online downloading, and the implications of illegal peer-to-peer network file sharing.

AB 746 - Campos

• AB 746 Amends Section 32261 of the Education Code relating to students. Existing law, defines bullying as one or more acts of sexual harassment, hate violence, or intentional harassment, threats, or intimidation, directed against school district personnel or pupils, committed by a pupil or group of pupils. Under existing law, bullying, including bullying committed by means of an electronic act, as defined, is a ground on which suspension or expulsion may be based. This bill specifies that an electronic act includes a post on a social network Internet Web site.

AB 86 - Lieu – Cyberbullying

• The new law gives schools authority to suspend or expel students for bullying fellow students over the Internet, in text-messaging or by other electronic means. Assembly Bill 86 adds cyberbullying to school disciplinary codes that previously defined bullying only in terms of direct physical or verbal harassment.

SB 1411 - Simitian -Impersonation

• SB 1411 makes it unlawful to knowingly and without consent credibly impersonate another person through or on an Internet Web site or by other electronic means with the intent to harm, intimidate, threaten or defraud another person.

AB 9 - Seth's Law

• The bill requires 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 is operative on July 1, 2012.

SB 919 - Lieu - Sexting (in submission)

• This bill adds sexting, as defined in this measure, as an offense for which a pupil can be suspended from school or recommended for expulsion.

Education Codes:

Education Codes 48900.4 and 48900 (r), strictly prohibit harassment or bullying of any kind and such behavior is subject to the following consequences:

·      Minimum: 1 day suspension

·      Maximum penalty: Expulsion

Education Codes 48900.4  ”Harassment, threats, or intimidation creating an intimidating or hostile educational environment”

Education Code 48900 (r)  “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 (k) of Section 32261, directed specifically toward a pupil or school personnel”