PBIS and the Law

California Legal Updates

On October 9, 2011, Governor Brown signed into law Assembly Bill (AB) 9 and AB 1156, two bills aimed at preventing student bullying in schools.

AB 9

The Safe Place to Learn Act, codified in Education Code section 234 et seq., requires school districts to adapt a policy that prohibits discrimination and harassment based upon disability gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of a studentís physical or mental health; investigating such complaints of discrimination and harassment. The policies must be publicized to students, parents, district employees and members of the public, and must be posted in all schools and offices.

AB 9 amends the Safe Place to Learn Act, requiring school district policies prohibiting discrimination and harassment to also prohibit intimidation and bullying based upon the same actual or perceived characteristics. The process for receiving and investigation such complaints now requires school personnel who witness discrimination, harassment, intimidation or bullying based upon the characteristics listed above to take immediate steps to intervene when safe to do so. The process must also include a timeline to investigate and resolve complaints and an appeal process. The California Department of Education will develop a model handout.

The amendments are operative on July 1, 2012.

AB 1156

As of July 1, 2012, California schools are now required to address the issue of bullying in a proactive manner. AB 1156 provides a focus on the following: 1) embedding policies and procedures for the purpose of preventing bullying,2) providing guidance on inter district attendance agreements for victims of bullying, 3) providing consistency in defining bullying, and 4)the potential impact of mandated costs on schools and the Commission on State Mandates role in determining costs.

AB1156 addresses bullying in three different contexts. First, the bill amends Education Code sections 32261, 32282 and 32283 to add bullying to school safety and crisis response plan training.

Second, AB 1156 amends Education Code section 48900 and the definition of bullying for the purpose of student discipline. Under AB 1156, bullying means any severe or pervasive act, including written or electronic communications, including but not limited to sexual harassment, hate violence, or harassment threats or intimidation, that causes: a student to fear harm to his or her person or property; substantial harm to a studentís physical or mental health; substantial interference with a studentís academic performance; or substantial interference with a studentís ability to participate or benefit from school services, activities or privileges.

Finally, AB 1156 amends Education Code section 4660 regarding agreements for interdistrict attendance. If a student has been a victim of an act of bullying by a student of the school district or residence, as determined by personnel o either the school district of residence or the school district of proposed enrollment, the student victim must be given priority for interdistrict attendance under any existing interdistrict attendance agreement, or in the absent of an agreement must be given additional consideration for the creation of an interdistrict attendance agreement.

AB 1156 is effective July 1, 2012.


Subject: U.S. Department of Education Issues Resource Document that Discourages Restraint and Seclusion

On May 15, 2012, an announcement was made by Arne Duncan, Secretary of Education, that the U.S. Department of Education has issued a publication that outlines 15 guiding principles for states, local school districts, preschool, elementary and secondary schools, educators, parents and other stakeholders to consider when developing or refining policies and procedures to support positive behavioral interventions and avoid the use of restraint and seclusion.

The goal of this resource document is to help ensure that schools are safe and healthy environments where all students can learn and that any use of restraint or seclusion in schools does not occur except when there is a threat of imminent danger of serious physical harm to the student or others, and occurs in a manner that protects the safety of all children and adults at school. The document also highlights how school-wide behavioral interventions can significantly reduce or eliminate the use of restraint or seclusion.

Be sure to take time to review this very important document!

To access this document:http://www2.ed.gov/policy/seclusion/index.html


California Senate Bill 1235, authored by Senate President Pro Tem Darrell Steinberg is before the Senate.

SB1235 requires schools with excessive levels of student suspensions to adopt school-wide strategies that are proven to not only reduce school suspension and improve school climate, but also increase attendance and academic achievement. SB1235 replaces harsh and excessive discipline practices, which have been shown to lower student achievement and school safety levels, with practices proven to make schools safer and stronger. This is important, as Californiaís recorded suspension numbers are some of the highest in the nation. In 2009-10 alone, California recorded 757,000 suspensions. More than two decades of research has confirmed that out-of-school suspensions do not improve student behavior and, in fact, often exacerbate it. Students who are suspended lose valuable instructional time, and are more likely to fall behind in school, drop out, and enter the juvenile delinquency system, at great cost to the state. In addition, the way schools are implementing state suspension policy is having a disproportionate impact on students of color, who are suspended at rates up to four times those of similarly situated peers. When schools suspend students, they also lose Average Daily Attendance funding, something that our most under-resourced schools just cannot afford.

PBIS, which is a comprehensive system that uses school-level information about student behavioral and academic history to implement interventions to improve social, emotional and academic success, is proven to result in far fewer office referrals, suspensions, a more positive school climate and an increase in the percentage of students scoring in the advanced and proficient range on state achievement tests, as well as higher attendance levels. PBIS is also a cost-saver over time.

SB1235 requires that evidence-based practices like PBIS be implemented in the schools in California that have the greatest difficulty creating a positive school climate and addressing negative student behavior, namely schools that suspend 25% or more of their students or of any numerically significant racial or ethnic subgroup. Over time the threshold that triggers a requirement to implement evidenced-base practices like PBIS is reduced.

For more information regarding Senate Bill 1235 contact:
Senate President Pro Tem Darrell Steinberg
State Capitol, Room 205
Sacramento, CA 95814
FAX: 916.323.2263


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