Legal Update Memo No. 36-2019 – AB 1767 and AB 34 – Creation and Internet Posting of Bullying, Harassment and Suicide Prevention Policies (K-12)

Download pdf: 36-2019 – AB 1767 & AB 34 – Creation and Internet Posting of Bullying Harassment w attachments (KAS)

As part of the final packet of legislation for this legislative year, the Governor signed two bills addressing harassment and bullying within schools – AB 1767 and AB 34.

Assembly Bill (“AB”) 1767 requires any school district, county office of education, or charter school that serves students in kindergarten and grades 1 to 6 to adopt or update a policy on suicide prevention to apply to kindergarten and grades 1 to 6, and specifically address the needs of high-risk groups within those grades. [1]

High-risk groups are defined to include (but not be limited to): students bereaved by suicide, students with disabilities (including mental health disorders), students with substance use disorders, homeless youth, foster youth, and LGBTQ students.

The policy must be adopted at a regularly-scheduled meeting prior to the start of the 2020-21 school year, after consultation with school and community stakeholders, the county mental health plan, school mental-health professionals, and suicide prevention experts. The policy must be age appropriate and address suicide prevention and post-vention. If the policy includes training, there are requirements for such training and the materials used (though training is not required); additionally, the policy must be reviewed every 5 years, minimally.

AB 34 requires any school district, county office of education, or charter school, regardless of grades served, to post specific information in a prominent location on the local educational agency’s (LEA’s) existing website in a manner that is easily accessible to parents/guardians and students.[2]

The information that must be posted to the LEA’s website is the following:

  • The LEA’s policy on student suicide prevention,[3]
  • The LEA’s definition of harassment and discrimination based on sex,[4]
  • Student’s Title IX rights,[5]
  • A link to CDE’s Title IX website,[6]
  • The LEA’s student sexual harassment policy,[7]
  • The LEA’s hate violence prevention policy,[8]
  • The LEA’s anti-discrimination, anti-harassment policy,[9]
  • The LEA’s anti-cyberbullying procedures,[10]
  • A section on social medial bullying with references to all of the following possible forums for social media bullying:
    • Websites with free registration and ease of registration
    • Websites offering peer-to-peer instant messaging
    • Websites offering comment forums or sections
    • Websites offering image or video platforms
  • A link to the CDE’s state-wide anti-discrimination, anti-harassment and anti-bullying resources, and[11]
  • Any additional resources the LEA deems important for preventing bullying and harassment.

Both AB 1767 and AB 34 go into effect on January 1, 2020. However, as noted, AB 1767 requires compliance prior to the start of the 2020-21 school year, and AB 34 does not require compliance until the 2020-21 school year.

For your convenience, copies of AB 1767 and AB 34 are included with this Legal Update.

Please contact our office with questions regarding this Legal Update or any other matter.

Legal Update written by Kaitlyn Schwendeman, Schools Legal Counsel.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.


© 2019 School and College Legal Services of California


All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Education Code § 215.

[2] AB 34 adds to the Education Code Article 5.6, which begins with § 234.6.

[3] Both the new policy mandated by AB 1767, and the existing policy for grades 7-12, pursuant to Education Code § 215.

[4] Pursuant to Education Code §§ 230, 221.8.

[5] Education Code §§ 221.8, 221.61.

[6] Education Code § 221.6.

[7] Education Code § 231.5.

[8] Education Code § 233.

[9] Education Code § 234.1.

[10] Education Code § 234.4.

[11] Education Code § 234.5.