AB 9, which amends and adds to
Education Code section 234 et seq., requires school district policies to
prohibit discrimination, harassment, intimidation and bullying based on the
actual or perceived characteristics
set forth in Education Code section 220 (including disability, gender,
nationality, race or ethnicity, religion, and sexual orientation). Existing law requires district policies to
address discrimination and harassment – as of July 1, 2012, these policies also
have to explicitly address intimidation
and bullying based on perceived
characteristics. The policies must
also include a statement that they apply to all acts related to school activity
or school attendance occurring within a school under the jurisdiction of the
superintendent of the school district.
AB 9 also sets forth a more
detailed process for dealing with complaints of discrimination, harassment,
intimidation or bullying based on perceived protected characteristics. The complaint process must include, but is
not limited to:
1. A requirement that school personnel
must take immediate steps to intervene, when safe, if they witness an act of
discrimination, harassment, intimidation or bullying.
2. A timeline to investigate and resolve
complaints.
3. An appeal process.
4. Forms developed pursuant to this
process must be translated.
These policies must be publicized
to students, parents, employees, agents of the governing board, and to the
general public.
Districts should examine their
existing anti-harassment policies and make sure they comply with the new
requirements of AB 9 before July 1, 2012.
The chaptered bill can be
accessed here.
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