One of the difficulties in discussing the education is to determine where the laws against cyberbullying fit so that the students understand the range of behavior and its consequences. In as much as the idea of the law’s impact on cultures and societies are discussed in Annales Universitatis Paedagogicae Cracoviensis the interest in the intersection of law and education can be enhanced by drawing parallels from the law and its application on the social behavior on what policies are pursued for educational purposes. As a result, this article will use California law on cyberbullying to show some of the ways in which California has had to adapt its legal framework to deal with developing needs within society where technological advances and social interactions have led to new types of behavior and harassment.
As such, this article will briefly analyze the scope of California law on cyberbullying – specifically dealing with California’s first law on cyberbullying passed in 2011 (California law AB 746 by Assemblymember Mendoza), measuring the impact of the law to date while also examining its underlying intentions, then comparing this with a new proposed California law AB 2291 which was passed in late 2018 responding to complaints filed against California school districts for failing to adequately address bullying and harassment within their educational institutions. The main focus of any bullying legislation is to ensure a safe and conducive learning environment for children and students.
California law AB 746 required schools to establish policies that dealt with cyberbullying in addition to any policies that dealt with bullying more traditionally, and required school information to be made readily available to both students and parents that detailed the school’s policies on the prevention of cyberbullying. This previous piece of legislation was not groundbreaking but rather an amalgamation of existing laws in California that had been previously put into place to deal with cyber crime and freedom of speech.
For example, the law states that (a) the following persons and entities, whether acting alone or together, may bring an action against a person who violates this section: (1) The parent or guardian of the minor victim. (2) The local educational agency that has jurisdiction over the victim or victims of the incident, in consultation with the appropriate local law enforcement agency. (3) An employee of the local educational agency that has jurisdiction over the victim or victims of the incident, in consultation with the appropriate local law enforcement agency.
In California law AB 746, a “victim” of a cyberbullying incident was defined as “an individual whose reputation is damaged or suffers a loss in academic performance or emotional or mental well-being from the actions of another that is in violation of the local educational agency’s policy, while digital or electronic communication originated from an internet website or service.” It was also stated that “the conduct of a victim is not necessary to establish a violation of this section.” The definition of “local educational agency” was defined as including “any public or private elementary or secondary school, school district, county office of education, special education local plan areas, or community school.”
California laws AB 746 has been somewhat successful in that legal actions have been brought against school districts where laws have not been enforced. In one example of such a finding in late 2018, California law AB 2291 was introduced along similar lines as California law AB 746, except it is drafted with much greater specificity and detail. In California law AB 2291, it provides as a consequence for failure to comply that “an employee who is disciplined for failing to comply with the requirements regarding bullying and harassment shall be rehabilitated, when appropriate, through the district’s progressive discipline policy. A progressive discipline policy will help to ensure that the punishment fits the transgression and that educators have the opportunity to participate in retraining, such as professional development, in order to avoid a second or subsequent transgression. Failure to fully comply with this policy will lead to discipline, up to and including dismissal from duty, paid leave, or suspension without pay for the remainder of the semester or other appropriate disciplinary action and consequence as described in the district’s discipline policy.”
For more information on the impact of bullying legislation, you can visit StopBullying.gov.