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| 1 | + | Amended IN Assembly April 01, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 772Introduced by Assembly Member LowenthalFebruary 18, 2025An act to add Section 48901.3 234.41 to the Education Code, relating to pupil discipline. educational equity.LEGISLATIVE COUNSEL'S DIGESTAB 772, as amended, Lowenthal. Suspensions and expulsions: off-campus Cyberbullying: off-campus acts: model policy.Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts. Existing law authorizes suspension or expulsion for one of those acts if the act is related to a school activity or school attendance occurring at any time, including, but not limited to, while going to and coming from school.Existing law requires the Superintendent of Public Instruction to post, and annually update, on the State Department of Educations internet website and notify local educational agencies of the availability of a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, as provided.This bill would require the State Department of Education, department, on or before June 30, 2026, and in consultation with relevant stakeholders, to develop, post on its internet website, and distribute to each local educational agency, as defined, a model policy on how to address certain acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours and outside of the campus, as specified. The bill would require each local educational agency, on or before July 1, 2027, to adopt the model policy developed by the department, and would require each local educational agency to provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 48901.3 is added to the Education Code, to read:48901.3.SECTION 1. Section 234.41 is added to the Education Code, immediately following Section 234.41, to read:234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment.(2) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, may use existing resources or frameworks, including, but not limited to, the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, to be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.(b) The model policy developed pursuant to subdivision (a) shall be appropriate for local educational agencies that serve pupils enrolled in any of grades 4 to 12, inclusive.(c) (1) On or before July 1, 2027, each local educational agency shall adopt the model policy developed by the department pursuant to subdivision (a).(2) (A) Each local educational agency shall provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils.(B) The copy of the adopted model policy may be provided to parents or guardians as part of the annual notification required pursuant to Section 48980.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 2. 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 01, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 772Introduced by Assembly Member LowenthalFebruary 18, 2025An act to add Section 48901.3 234.41 to the Education Code, relating to pupil discipline. educational equity.LEGISLATIVE COUNSEL'S DIGESTAB 772, as amended, Lowenthal. Suspensions and expulsions: off-campus Cyberbullying: off-campus acts: model policy.Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts. Existing law authorizes suspension or expulsion for one of those acts if the act is related to a school activity or school attendance occurring at any time, including, but not limited to, while going to and coming from school.Existing law requires the Superintendent of Public Instruction to post, and annually update, on the State Department of Educations internet website and notify local educational agencies of the availability of a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, as provided.This bill would require the State Department of Education, department, on or before June 30, 2026, and in consultation with relevant stakeholders, to develop, post on its internet website, and distribute to each local educational agency, as defined, a model policy on how to address certain acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours and outside of the campus, as specified. The bill would require each local educational agency, on or before July 1, 2027, to adopt the model policy developed by the department, and would require each local educational agency to provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 21, 2025 Amended IN Assembly April 01, 2025 | |
| 6 | - | ||
| 7 | - | Amended IN Assembly April 21, 2025 | |
| 8 | 5 | Amended IN Assembly April 01, 2025 | |
| 9 | 6 | ||
| 10 | - | ||
| 7 | + | Amended IN Assembly April 01, 2025 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Assembly Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 772 | |
| 17 | 14 | ||
| 18 | - | Introduced by Assembly Member | |
| 15 | + | Introduced by Assembly Member LowenthalFebruary 18, 2025 | |
| 19 | 16 | ||
| 20 | - | Introduced by Assembly Member Lowenthal | |
| 17 | + | Introduced by Assembly Member Lowenthal | |
| 21 | 18 | February 18, 2025 | |
| 22 | 19 | ||
| 23 | - | ||
| 24 | - | ||
| 25 | - | An act to add Section 234.41 to the Education Code, relating to educational equity. | |
| 20 | + | An act to add Section 48901.3 234.41 to the Education Code, relating to pupil discipline. educational equity. | |
| 26 | 21 | ||
| 27 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 23 | ||
| 29 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 25 | ||
| 31 | - | AB 772, as amended, Lowenthal. Cyberbullying: off-campus acts: model policy. | |
| 26 | + | AB 772, as amended, Lowenthal. Suspensions and expulsions: off-campus Cyberbullying: off-campus acts: model policy. | |
| 32 | 27 | ||
| 33 | - | Existing law requires the Superintendent of Public Instruction to post, and annually update, on the State Department of Educations internet website and notify local educational agencies of the availability of a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, as provided.This bill would require the department, on or before June 30, 2026, and in consultation with relevant stakeholders, to develop, post on its internet website, and distribute to each local educational agency, as defined, a model policy on how to address certain acts of cyberbullying occurring outside of school hours and outside of the campus, as specified. The bill would require the model policy to clarify that local educational agencies are authorized, but not required, to address those acts. The bill would require each local educational agency, on or before July 1, 2027, to adopt a policy on how to address certain acts of cyberbullying occurring outside of school hours and outside of the campus, as specified, which the bill would authorize to be the model policy developed by the department, and department or a locally adopted policy with input from stakeholders. The bill would require each local educational agency to provide post a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. on its internet website and the internet website of each of its schoolsites.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 the statutory provisions noted above. | |
| 28 | + | Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts. Existing law authorizes suspension or expulsion for one of those acts if the act is related to a school activity or school attendance occurring at any time, including, but not limited to, while going to and coming from school.Existing law requires the Superintendent of Public Instruction to post, and annually update, on the State Department of Educations internet website and notify local educational agencies of the availability of a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, as provided.This bill would require the State Department of Education, department, on or before June 30, 2026, and in consultation with relevant stakeholders, to develop, post on its internet website, and distribute to each local educational agency, as defined, a model policy on how to address certain acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours and outside of the campus, as specified. The bill would require each local educational agency, on or before July 1, 2027, to adopt the model policy developed by the department, and would require each local educational agency to provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.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 the statutory provisions noted above. | |
| 29 | + | ||
| 30 | + | Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts. Existing law authorizes suspension or expulsion for one of those acts if the act is related to a school activity or school attendance occurring at any time, including, but not limited to, while going to and coming from school. | |
| 31 | + | ||
| 32 | + | ||
| 34 | 33 | ||
| 35 | 34 | Existing law requires the Superintendent of Public Instruction to post, and annually update, on the State Department of Educations internet website and notify local educational agencies of the availability of a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, as provided. | |
| 36 | 35 | ||
| 37 | - | This bill would require the department, on or before June 30, 2026, and in consultation with relevant stakeholders, to develop, post on its internet website, and distribute to each local educational agency, as defined, a model policy on how to address certain acts of cyberbullying occurring outside of school hours and outside of the campus, as specified | |
| 36 | + | This bill would require the State Department of Education, department, on or before June 30, 2026, and in consultation with relevant stakeholders, to develop, post on its internet website, and distribute to each local educational agency, as defined, a model policy on how to address certain acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours and outside of the campus, as specified. The bill would require each local educational agency, on or before July 1, 2027, to adopt the model policy developed by the department, and would require each local educational agency to provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. | |
| 38 | 37 | ||
| 39 | 38 | 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. | |
| 40 | 39 | ||
| 41 | 40 | 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 the statutory provisions noted above. | |
| 42 | 41 | ||
| 43 | 42 | ## Digest Key | |
| 44 | 43 | ||
| 45 | 44 | ## Bill Text | |
| 46 | 45 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1.Section | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1.Section 48901.3 is added to the Education Code, to read:48901.3.SECTION 1. Section 234.41 is added to the Education Code, immediately following Section 234.41, to read:234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment.(2) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, may use existing resources or frameworks, including, but not limited to, the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, to be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.(b) The model policy developed pursuant to subdivision (a) shall be appropriate for local educational agencies that serve pupils enrolled in any of grades 4 to 12, inclusive.(c) (1) On or before July 1, 2027, each local educational agency shall adopt the model policy developed by the department pursuant to subdivision (a).(2) (A) Each local educational agency shall provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils.(B) The copy of the adopted model policy may be provided to parents or guardians as part of the annual notification required pursuant to Section 48980.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 2. 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. | |
| 48 | 47 | ||
| 49 | 48 | The people of the State of California do enact as follows: | |
| 50 | 49 | ||
| 51 | 50 | ## The people of the State of California do enact as follows: | |
| 52 | 51 | ||
| 53 | - | SECTION 1. Section 234.41 is added to the Education Code, immediately following Section 234.4, to read:234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment. The model policy shall clarify that local educational agencies are authorized, but not required, to address those acts. This section does not impose liability on a local educational agency for failing to address those acts.(2) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, may use existing resources or frameworks, including, but not limited to, the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, to be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.(b) The model policy developed pursuant to subdivision (a) shall be appropriate for local educational agencies that serve pupils enrolled in any of grades 4 to 12, inclusive.(c) (1) On or before July 1, 2027, each local educational agency shall adopt a policy on how to address acts of cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment. The adopted policy may be the model policy developed by the department pursuant to subdivision (a). (a) or a locally adopted policy with input from stakeholders.(2) (A)Each local educational agency shall provide post a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils. on its internet website and the internet website of each of its schoolsites.(B)The copy of the adopted model policy may be provided to parents or guardians as part of the annual notification required pursuant to Section 48980.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 54 | 52 | ||
| 55 | - | SECTION 1. Section 234.41 is added to the Education Code, immediately following Section 234.4, to read: | |
| 53 | + | ||
| 54 | + | ||
| 55 | + | ||
| 56 | + | SECTION 1. Section 234.41 is added to the Education Code, immediately following Section 234.41, to read:234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment.(2) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, may use existing resources or frameworks, including, but not limited to, the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, to be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.(b) The model policy developed pursuant to subdivision (a) shall be appropriate for local educational agencies that serve pupils enrolled in any of grades 4 to 12, inclusive.(c) (1) On or before July 1, 2027, each local educational agency shall adopt the model policy developed by the department pursuant to subdivision (a).(2) (A) Each local educational agency shall provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils.(B) The copy of the adopted model policy may be provided to parents or guardians as part of the annual notification required pursuant to Section 48980.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 57 | + | ||
| 58 | + | SECTION 1. Section 234.41 is added to the Education Code, immediately following Section 234.41, to read: | |
| 56 | 59 | ||
| 57 | 60 | ### SECTION 1. | |
| 58 | 61 | ||
| 59 | - | 234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment | |
| 62 | + | 234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment.(2) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, may use existing resources or frameworks, including, but not limited to, the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, to be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.(b) The model policy developed pursuant to subdivision (a) shall be appropriate for local educational agencies that serve pupils enrolled in any of grades 4 to 12, inclusive.(c) (1) On or before July 1, 2027, each local educational agency shall adopt the model policy developed by the department pursuant to subdivision (a).(2) (A) Each local educational agency shall provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils.(B) The copy of the adopted model policy may be provided to parents or guardians as part of the annual notification required pursuant to Section 48980.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 60 | 63 | ||
| 61 | - | 234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment | |
| 64 | + | 234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment.(2) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, may use existing resources or frameworks, including, but not limited to, the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, to be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.(b) The model policy developed pursuant to subdivision (a) shall be appropriate for local educational agencies that serve pupils enrolled in any of grades 4 to 12, inclusive.(c) (1) On or before July 1, 2027, each local educational agency shall adopt the model policy developed by the department pursuant to subdivision (a).(2) (A) Each local educational agency shall provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils.(B) The copy of the adopted model policy may be provided to parents or guardians as part of the annual notification required pursuant to Section 48980.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 62 | 65 | ||
| 63 | - | 234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment | |
| 66 | + | 234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment.(2) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, may use existing resources or frameworks, including, but not limited to, the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, to be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.(b) The model policy developed pursuant to subdivision (a) shall be appropriate for local educational agencies that serve pupils enrolled in any of grades 4 to 12, inclusive.(c) (1) On or before July 1, 2027, each local educational agency shall adopt the model policy developed by the department pursuant to subdivision (a).(2) (A) Each local educational agency shall provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils.(B) The copy of the adopted model policy may be provided to parents or guardians as part of the annual notification required pursuant to Section 48980.(d) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 64 | 67 | ||
| 65 | - | 234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment. The model policy shall clarify that local educational agencies are authorized, but not required, to address those acts. This section does not impose liability on a local educational agency for failing to address those acts. | |
| 66 | 68 | ||
| 67 | - | ###### 234.41. | |
| 69 | + | ||
| 70 | + | 234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address acts of bullying, cyberbullying, harassment, sexual harassment, or intimidation cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment. | |
| 68 | 71 | ||
| 69 | 72 | (2) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, may use existing resources or frameworks, including, but not limited to, the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, to be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community. | |
| 70 | 73 | ||
| 71 | 74 | (b) The model policy developed pursuant to subdivision (a) shall be appropriate for local educational agencies that serve pupils enrolled in any of grades 4 to 12, inclusive. | |
| 72 | 75 | ||
| 73 | - | (c) (1) On or before July 1, 2027, each local educational agency shall adopt | |
| 76 | + | (c) (1) On or before July 1, 2027, each local educational agency shall adopt the model policy developed by the department pursuant to subdivision (a). | |
| 74 | 77 | ||
| 75 | - | (2) (A)Each local educational agency shall provide | |
| 78 | + | (2) (A) Each local educational agency shall provide a copy of the adopted model policy to each of its credentialed employees, enrolled pupils, and the parents or guardians of its enrolled pupils. | |
| 76 | 79 | ||
| 77 | 80 | (B) The copy of the adopted model policy may be provided to parents or guardians as part of the annual notification required pursuant to Section 48980. | |
| 78 | 81 | ||
| 79 | 82 | (d) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 80 | 83 | ||
| 81 | 84 | SEC. 2. 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. | |
| 82 | 85 | ||
| 83 | 86 | SEC. 2. 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. | |
| 84 | 87 | ||
| 85 | 88 | SEC. 2. 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. | |
| 86 | 89 | ||
| 87 | 90 | ### SEC. 2. |