Cyberbullying: Off-campus Acts - Model Policy

Guidance documents prepared by the California Department of Education (CDE), such as this, are provided as a reference, do not have the force or effect of law, and are not meant to suggest that the reader has obligations that go beyond those outlined in the cited statutes or legislative rules. Additionally, all reference links to outside resources are provided for the reader’s convenience only, the contents/accuracy of which are not otherwise verified or endorsed by the CDE.

In this document:

• Summary of Assembly Bill (AB) 772
• Summary of Relevant Laws
• Summary of Available Resources
• Adoption of Policies
• Sample Policy
• Resource Links

Summary of Assembly Bill (AB) 772: Cyberbullying: Off-campus Acts: Model Policy

AB 772, signed into law on October 11, 2025 and effective January 1, 2026, adds California Education Code (EC) Section 234.41 and requires the CDE, on or before June 30, 2026, in consultation with relevant stakeholders, to develop, post on its internet website, and distribute to each local educational agency (or LEA, defined as a school district, county office of education or charter school), a model policy on how to address reported 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 bill requires the model policy to clarify that LEAs are authorized, but not required, to address those acts.

The bill requires each LEA, on or before July 1, 2027, to adopt a policy, or modify its existing procedures adopted pursuant to EC Section 234.4 (for preventing bullying including cyberbullying), on how to address reported 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 bill authorizes LEAs to adopt either the model policy developed by the CDE or a locally adopted policy with input from stakeholders. The bill requires each LEA to post a copy of the adopted policy on its internet website and the internet website of each of its school sites.

Summary of Relevant Laws

EC 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 reported 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.

(3) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, shall consider establishing guidance on the factors necessary to determine what constitutes an intimidating or hostile educational environment, as well as the factors that demonstrate severity and pervasiveness.

(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, or modify its existing procedures adopted pursuant to Section 234.4, on how to address reported 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) or a locally adopted policy with input from stakeholders.

(2) Each local educational agency shall post a copy of the adopted policy on its internet website and the internet website of each of its school sites.

(d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

Key Terms

1. “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in sections 48900.2, 48900.3, or 48900.4¹, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
   
   
   • Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.
   • Causing a reasonable pupil to experience a substantially detrimental effect on the pupil’s physical or mental health.
   • Causing a reasonable pupil to experience substantial interference with the pupil’s academic performance.
   • Causing a reasonable pupil to experience substantial interference with the pupil’s ability to participate in or benefit from the services, activities, or privileges provided by a school (EC § 48900 (r)(1)).
     
     
2. (A) “Electronic act” means the creation or transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
   
   
   • A message, text, sound, video, or image
   • A post on a social network internet website, including, but not limited to:
   • Posting to or creating a burn page. “Burn page” means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
   • Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
   • Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
   • An act of cyber sexual bullying
   • For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or  can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
     • For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
   
   (B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet (EC § 48900 (r)(2)).
   
   
3. “Reasonable pupil” means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupil’s exceptional needs (EC § 48900 (r)(3)).

Means of Correction

For a pupil subject to discipline under EC Section 48900, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupil’s specific misbehavior.²

Suspension (Generally)

Acts Related to School Activity

A pupil may be suspended or expelled for acts that are enumerated in EC Section 48900 and are related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:

• While on school grounds.
• While going to or coming from school.
• During the lunch period whether on or off the campus.
• During, or while going to or coming from, a school-sponsored activity.³

Suspension, including supervised suspension as described in EC Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct.⁴ A school district may document the other means of correction used and place that documentation in the pupil’s record, which may be accessed pursuant to EC Section 49069.7. However, a pupil, including an individual with exceptional needs, as defined in EC Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States Code, for any of the reasons enumerated in EC Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of EC Section 48900 or that the pupil’s presence causes a danger to persons.

Other Means of Correction

Other means of correction include, but are not limited to, the following: ⁵

1. A conference between school personnel, the pupil’s parent or guardian, and the pupil.
2. Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.
3. Study teams, guidance teams, resource panel teams, or other intervention- related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and the pupil’s parents.
4. Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)).
5. Enrollment in a program for teaching prosocial behavior or anger management.
6. Participation in a restorative justice program.
7. A positive behavior support approach with tiered interventions that occur during the school day on campus.
8. After school programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups.
9. Any of the alternatives described in EC Section 48900.6.

Summary of Available Resources

Research shows that students who experienced cyberbullying (as targets or aggressors) perceived a poorer climate at their school compared to those who had not experienced cyberbullying.⁶ Schools can address these challenges by using a Multi- Tiered System of Supports (MTSS) to promote a safe, supportive, and respectful school climate.

Schools may use the MTSS, which includes restorative justice practices, trauma- informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, 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.

Multi-Tiered System of Supports (MTSS)

Multi-Tiered System of Supports (MTSS) is a framework that aligns Response to Instruction and Intervention (RTI) with the California State standards and the systems necessary to ensure academic, behavior, and social success.

The CDE MTSS web page provides a research- proven framework aligned to address students’ academic, behavior, and social success. It brings together the Response to Instruction and Intervention (RTI) and Positive Behavioral Interventions and Supports (PBIS) to support the whole child through a data- driven tiered approach to academic and social emotional supports.

Restorative Justice

Restorative practices are strategies that build and maintain meaningful relationships, and processes that repair those relationships when harmed.⁷ For a pupil who has been suspended, or for whom other means of correction have been implemented for an incident of racist bullying, harassment, or intimidation, local educational agencies are encouraged to have both the victim and perpetrator engage in a restorative justice practice that is found to suit the needs of both the victim and the perpetrator. Local educational agencies are encouraged to regularly check on the victim of racist bullying, harassment, or intimidation to ensure that the victim is not in danger of suffering from long-lasting mental health issues. Local educational agencies are encouraged to require perpetrators to engage in culturally sensitive programs that promote racial justice and equity and combat racism and ignorance.⁸

Trauma-Informed Practices

Trauma-informed practices within an MTSS recognize the widespread impact of trauma on students and school communities and understand the importance of supporting healing and resilience. The foundation of trauma-informed practices is a safe and supportive school community where students have a strong sense of belonging.

Trauma-informed practices recognize and intentionally respond to the lasting adverse effects of experiencing traumatic events, through the principles of safety, peer support, trustworthiness and transparency, collaboration and mutuality, empowerment, voice and choice.⁹

Social and Emotional Learning

Social emotional learning (SEL) is an educational approach that helps people develop social skills and awareness of themselves and others. School-based SEL can help students improve their academic and interpersonal success. It focuses on the positive behaviors of students instead of the negative behaviors to promote youth development.¹⁰ Developing students’ social and emotional skills is a favorable approach to prevent bullying. Studies have shown that SEL skills help protect students from becoming targets of bullying and can lower the risk of someone bullying others.¹¹

Positive Behavior Interventions and Support

Positive Behavior Interventions and Support (PBIS) is an approach that focuses on the emotional and behavioral learning of students, which leads to an increase in engagement and a decrease in problematic behavior over time. It assists the LEA in adopting and organizing evidence-based behavioral interventions that improve social and emotional behavior outcomes for all students.¹²

Support for Victim of, Witness to, or Other Pupil Affected by, an Act of Bullying

The superintendent of a school district, the principal of a school, or the principal’s designee may refer a victim of, witness to, or other pupil affected by, an act of bullying to the school counselor, school psychologist, social worker, child welfare attendance personnel, school nurse, or other school support service personnel for case management, counseling, and participation in a restorative justice program, as appropriate.¹³

Support for Pupil Who Has Engaged in an Act of Bullying¹⁴

A pupil who has engaged in an act of bullying may also be referred to the school counselor, school psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling, or for participation in a restorative justice program, pursuant to Section 48900.5.¹⁵

Adoption of Policies

Adoption of Policy Prohibiting Bullying Based on Protected Characteristics

A local educational agency must have adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in California Penal Code Section 422.55 , including immigration status, and EC 220, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the local educational agency, and all acts of the governing board or body of the local educational agency, the superintendent of the school district, and the county superintendent of schools in enacting policies and procedures that govern the local educational agency.¹⁶

Adoption of Procedures for Preventing Bullying and Cyberbullying

On or before December 31, 2019, local educational agencies were required to adopt procedures for preventing acts of bullying, including cyberbullying.¹⁷

Smartphone Policy

The governing board of a school district, a county board of education, and the governing body of a charter school shall, no later than July 1, 2026, develop and adopt, and shall update every five years, a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a school site or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school. The goal of the policy shall be to promote evidence-based use of smartphone practices to support pupil learning and well-being. The development of the policy shall involve significant stakeholder participation in order to ensure that the policies are responsive to the unique needs and desires of pupils, parents, and educators in each community. The policy may also include enforcement mechanisms that limit access to smartphones.¹⁸

Social Media: Limitations or Prohibitions

(a)(1) The governing board of a school district, a county board of education, or the governing body of a charter school may adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a school site or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.

(2) EC section 48901.8 does not authorize monitoring, collecting, or otherwise accessing any information related to a pupil's online activities.¹⁹

• For purposes of this section, “social media” means a “social media platform” as that term is defined in California Business and Professions Code Section 22675. ²⁰

Posting of Information

Information Related to Bullying, Accessible on Local Educational Agency Website

Commencing with the 2020-21 academic year, each local educational agency shall ensure that all of the information required by EC Section 234.6(b) is readily accessible in a prominent location on the local educational agency's existing internet website in a manner that is easily accessible to parents or guardians and pupils. This includes:

• The local educational agency's anti-discrimination, anti-harassment, anti- intimidation, and anti-bullying policies as described in EC 234.1
• The local educational agency's anti-cyberbullying procedures adopted pursuant to EC 234.4
• A section on social media bullying that includes all of the following references to possible forums for social media bullying:
  • Internet websites with free registration and ease of registration
  • Internet websites offering peer-to-peer instant messaging
  • Internet websites offering comment forums or sections
  • Internet websites offering image or video posting platforms
• A link to statewide resources, including community-based organizations, compiled by the CDE pursuant to EC 234.5
• Any additional information a local educational agency deems important for preventing bullying and harassment

Sample Policy: Reported Acts of Cyberbullying Occurring Outside of School Hours

The [School District Name] School District believes that all students have the right to a safe, respectful, and supportive educational environment. The district, schools, and community share a responsibility to promote mutual respect, responsible digital behavior, and positive interactions among students both on campus and online.

The [School District Name] School District prohibits acts of cyberbullying that interfere with a student’s ability to participate in or benefit from the services, activities, or privileges provided by the school.

For purposes of this policy, cyberbullying includes bullying conducted through electronic communication or digital platforms. Cyberbullying may include, but is not limited to, sending or posting harmful messages, images, or videos; impersonating another student online; creating false profiles; spreading rumors or threats through electronic means; or encouraging others to participate in online harassment.

Cyberbullying may occur on campus or off campus, inside or outside of school hours. The district is authorized but not required to address reported acts of cyberbullying occurring outside of school hours when the conduct is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment.

Students and staff are expected to promptly report incidents of cyberbullying to the principal or designee. School personnel who witness or become aware of cyberbullying shall take appropriate steps to ensure the incident is reported and addressed consistent with district procedures. Reports of cyberbullying will be reviewed and investigated in a timely manner pursuant to applicable district policies and procedures.

The district may respond to cyberbullying using a Multi-Tiered System of Supports (MTSS) framework that promotes prevention, early intervention, and appropriate responses to harmful behavior. These supports may include social-emotional learning, restorative practices, trauma-informed approaches, counseling, and schoolwide positive behavior interventions and supports.

Students who engage in cyberbullying may be subject to disciplinary action consistent with district policy and applicable law. Alternatives to discipline may include restorative interventions, counseling, behavioral supports, or other corrective measures designed to address the behavior and support a safe school environment.

The district may promote digital citizenship education and responsible use of technology to help prevent cyberbullying and foster respectful online communication.

Students and parents will receive information about the district’s cyberbullying policies and reporting procedures through the student handbook, school website, and other communications. The district prohibits retaliation against any individual who reports cyberbullying or participates in an investigation.

Resource Links

Resources - California Department of Education

Bullying Prevention Training & Resources
Uniform Complaint Procedures Pamphlet (DOCX)
Resolution of Discrimination/Harassment Complaints
Bullying & Hate-Motivated Behavior Prevention
Antibullying, Harassment: Policy, Procedure
Equal Opportunity & Access
Multi-Tiered System of Supports
Social and Emotional Learning
School Discipline Information and Resources

Resources - External

California School Board Association
Common Sense Media (Education)
Cyberbullying Research Center
National Education Association
National Institute of Justice
Stopbullying.gov

References

1. EC sections 48900.2 (sexual harassment); 48900.3 (hate violence); and 48900.4 (harassment, threats or intimidation).

2. EC Section 48900(v)

3. EC Section 48900(s)

4. EC Section 48900.5(a)

5. EC Section 48900.5(b)

6. Cyberbullying Research Center. Cyberbullying Fact Sheet: Identification, Prevention, and Response.

7. CDC Promoting School Connectedness Through Restorative Practices.

8. EC Section 48900.5(c)

9. SAMHSA.org. Trauma-Informed Approaches and Programs.

10. StopBullying.gov. Social Emotional Learning and Bullying Prevention.

11. Farrington, D; Ttofi, M; Zych, I. (March-April 2019). Protective factors against bullying and cyberbullying: A systematic review of meta-analyses. Aggression and Violent Behavior, vol. 45, pp. 4-19.

12. CDE MTSS web page

13. EC Section 48900.9(a)

14. EC Section 48900.9(b)

15. EC sections 48900.9(b); 48900.5(b)(9) (participation in restorative justice program as “other means of correction”)

16. EC Section 234.1(a)

17. EC Section 234.4(a)

18. EC Section 48901.7(a)

19. EC Section 48901.8(a)

20. EC Section 48901.8(b)