HB 1733

Present law provides that a person commits an offense who intentionally e ngages in bullying , which is an act committed by a student that substantially interferes with another student's educational benefits, opportunities, or performance , and includes either of the following, depending on location of the action:  If the act takes place on school grounds, at any school-sponsored activity, on school-provided equipment or transportation , or at any official school bus stop, the act has the effect of (i ) p hysically harming the other student or damaging the other student's property; or (ii) k nowingly placing the other student or students in reasonable fear of physical harm to the other student or damage to the student's propert y.  If the act takes place off school property or outside of a school-sponsored activity, the act is directed specifically at another student or students and has the effect of creating a substantial disruption to the education environment or learning process . For acts committed on or after July 1, 2026 , this bill changes the description of bullying as described above to, instead, include such act s committed by a school employee. As used in this bill, a "s chool employee "" means an employee of a private school, an LEA, a public charter school, or other public school . Additionally, this bill clarifies that if the act is committed by a school employee, then the victim of bullying is a student. If the act is committed by a student, then the victim is another stude nt . POLICIES Present law requires e ach school district to adopt a policy prohibiting harassment, intimidation, bullying, or cyber-bullying. School districts are encouraged to develop the policy after consultation with parents and guardians, school employees, volunteers, students, administrators, and community representatives. School districts must include in the policies a description of the type of behavior expected from each student . This bill adds that the districts must additionally include in the policies a description of the type of behavior expected from each school employee. This bill provides that a teacher or school employee found to have committed an act of harassment, intimidation, bullying, or cyberbullying is subject to dismissal or suspension. INSUBORDINATION With regard to teachers' tenure, present law lists several situations that may constitute a teacher's insubordination. This bill adds to the list c ommitting an act of harassment, intimidation, bullying, or cyberbullying in violation of the school district's policy."