Bill Text: CA AB1729 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupil rights: suspension or expulsion: alternatives and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-21 - Chaptered by Secretary of State - Chapter 425, Statutes of 2012. [AB1729 Detail]

Download: California-2011-AB1729-Amended.html

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BILL NUMBER: AB 1729	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2012
	AMENDED IN ASSEMBLY  APRIL 24, 2012

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 16, 2012

   An act to amend Sections 48900 and 48900.5 of the Education Code,
relating to pupil rights.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1729, as amended, Ammiano. Pupil rights: suspension or
expulsion.
   Existing law provides that a pupil shall not be suspended from
school or recommended for expulsion unless the superintendent or the
principal of the school in which the pupil is enrolled determines
that the pupil has committed a specified act. Existing law also
authorizes a superintendent of the school district or principal to
use his or her discretion to provide alternatives to suspension or
expulsion, including, but not limited to, counseling and an anger
management program, for a pupil subject to discipline under this
provision.
   This bill would instead authorize a superintendent of the school
district or principal of the school to use alternatives to suspension
or expulsion that are age appropriate and designed to address and
correct  the root causes of  the pupil's specific
misbehavior, as specified.  The bill would require, if an
individual with exceptional needs is subject to discipline under this
provision, an individualized education program team to hold a
meeting within 3 days to discuss the behavior of the individual with
exceptional needs and determine if a functional behavioral assessment
and behavioral intervention plan are needed to address the behavior.
The bill would also provide that an individual with exceptional
needs whose behavior is determined to be a manifestation of his or
her disability is not subject to suspension, except as specified, or
expulsion, but instead shall receive an appropriate assessment
identifying behavioral needs, proposed behavioral goals to address
the identified behavioral needs, and appropriate related services. By
requiring an individualized education program team meeting, the bill
would impose a state-mandated local program. 
   Existing law requires the imposition of suspension only when other
means of correction fail to bring about proper conduct but
authorizes the suspension of a pupil, including an individual with
exceptional needs, upon a first offense if the principal or
superintendent of schools determines that specified offenses were
committed or that the pupil's presence causes a danger to persons or
property or threatens to disrupt the instructional process.
   This bill would require documentation of other means of correction
used. The bill would also specify that other means of correction
include, but are not limited to,  among other things, a
positive behavior support approach with tiered interventions 
, conferences  that occur during the schoolday on
campus   , a conference  between school personnel,
 parents   the pupil   's parent or
guardian  , and  pupils   the pupil  ,
 and  participation in a restorative justice
program  , and after-school programs that address specific
behavioral issues or expose pupils to positive activities and
behaviors  . By requiring documentation of other means of
correction used, 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The public policy of this state is to ensure that school
discipline policies and practices support the creation of safe,
positive, supportive, and equitable school environments where pupils
can learn.
   (b) The overuse of school suspension and expulsion undermines the
public policy of this state and does not result in safer school
environments or improved pupil behavior. Moreover, such highly
punitive, exclusionary practices are associated with lower academic
achievement, lower graduation rates, and a worse overall school
climate.
   (c) Failing to teach and develop social and behavior skills in
pupils leads to the depletion of funding through decreased average
daily attendance, increased rates of teacher turnover, and increased
pupil dropout rates.
   (d) School suspension and expulsion are disproportionately imposed
on pupils of color, pupils with disabilities, lesbian, gay,
bisexual, and transgender pupils, and other vulnerable pupil
populations.
   (e) In 2006, the suspension rate of African American elementary
and secondary pupils in this state was more than double the rate of
suspensions for White, Hispanic, or Asian  students 
 pupils  , and there is no evidence demonstrating that
pupils of color or other pupil populations misbehave at greater rates
than their peers.
   (f) Research has found that nonpunitive classroom discipline and
in-school discipline strategies are more effective and efficient than
suspension and expulsion for addressing the majority of pupil
misconduct.
   (g) The public policy of this state is to provide effective
interventions for pupils who engage in acts of problematic behavior
to help them change their behavior and avoid exclusion from school.
   (h) The public policy of this state is to ensure that school
discipline policies and practices are implemented and enforced
evenhandedly and are not disproportionately applied to any class or
group of pupils.
   (i) The intent of this act is to clarify existing law on school
discipline and ensure the discretion of superintendents of schools
and principals to implement school discipline policies and practices
other than school suspension and expulsion.
  SEC. 2.  Section 48900 of the Education Code, as amended by Section
6 of Chapter 732 of the Statutes of 2011, is amended to read:
   48900.  A pupil shall not be 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 as defined pursuant to any of
subdivisions (a) to (r), inclusive:
   (a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
   (2) Willfully used force or violence upon the person of another,
except in self-defense.
   (b) Possessed, sold, or otherwise furnished a firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of an object of this type, the pupil had obtained written
permission to possess the item from a certificated school employee,
which is concurred in by the principal or the designee of the
principal.
   (c) Unlawfully possessed, used, sold, or otherwise furnished, or
been under the influence of, a controlled substance listed in Chapter
2 (commencing with Section 11053) of Division 10 of the Health and
Safety Code, an alcoholic beverage, or an intoxicant of any kind.
   (d) Unlawfully offered, arranged, or negotiated to sell a
controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, an alcoholic
beverage, or an intoxicant of any kind, and either sold, delivered,
or otherwise furnished to a person another liquid, substance, or
material and represented the liquid, substance, or material as a
controlled substance, alcoholic beverage, or intoxicant.
   (e) Committed or attempted to commit robbery or extortion.
   (f) Caused or attempted to cause damage to school property or
private property.
   (g) Stole or attempted to steal school property or private
property.
   (h) Possessed or used tobacco, or products containing tobacco or
nicotine products, including, but not limited to, cigarettes, cigars,
miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
packets, and betel. However, this section does not prohibit use or
possession by a pupil of his or her own prescription products.
   (i) Committed an obscene act or engaged in habitual profanity or
vulgarity.
   (j) Unlawfully possessed or unlawfully offered, arranged, or
negotiated to sell drug paraphernalia, as defined in Section 11014.5
of the Health and Safety Code.
   (k) Disrupted school activities or otherwise willfully defied the
valid authority of supervisors, teachers, administrators, school
officials, or other school personnel engaged in the performance of
their duties.
   (l) Knowingly received stolen school property or private property.

   (m) Possessed an imitation firearm. As used in this section,
"imitation firearm" means a replica of a firearm that is so
substantially similar in physical properties to an existing firearm
as to lead a reasonable person to conclude that the replica is a
firearm.
   (n) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed a sexual battery as defined in Section 243.4 of the Penal
Code.
   (o) Harassed, threatened, or intimidated a pupil who is a
complaining witness or a witness in a school disciplinary proceeding
for purposes of either preventing that pupil from being a witness or
retaliating against that pupil for being a witness, or both.
   (p) Unlawfully offered, arranged to sell, negotiated to sell, or
sold the prescription drug Soma.
   (q) Engaged in, or attempted to engage in, hazing. For purposes of
this subdivision, "hazing" means a method of initiation or
preinitiation into a pupil organization or body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury or
personal degradation or disgrace resulting in physical or mental harm
to a former, current, or prospective pupil. For purposes of this
subdivision, "hazing" does not include athletic events or
school-sanctioned events.
   (r) Engaged in an act of bullying. For purposes of this
subdivision, the following terms have the following meanings:
   (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 Section 48900.2, 48900.3, or
48900.4, directed toward one or more pupils that has or can be
reasonably predicted to have the effect of one or more of the
following:
   (A) Placing a reasonable pupil or pupils in fear of harm to that
pupil's or those pupils' person or property.
   (B) Causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health.
   (C) Causing a reasonable pupil to experience substantial
interference with his or her academic performance.
   (D) Causing a reasonable pupil to experience substantial
interference with his or her ability to participate in or benefit
from the services, activities, or privileges provided by a school.
   (2) "Electronic act" means the transmission of a communication,
including, but not limited to, a message, text, sound, or image, or a
post on a social network Internet Web site, by means of an
electronic device, including, but not limited to, a telephone,
wireless telephone or other wireless communication device, computer,
or pager.
   (3) "Reasonable pupil" means a pupil, including, but not limited
to, an exceptional needs pupil, who exercises average care, skill,
and judgment in conduct for a person of his or her age, or for a
person of his or her age with his or her exceptional needs.
   (s) A pupil shall not be suspended or expelled for any of the acts
enumerated in this section, unless that act is related to a school
activity or school attendance occurring within a school under the
jurisdiction of the superintendent of the school district or
principal or occurring within any other school district. A pupil may
be suspended or expelled for acts that are enumerated in this section
and related to a school activity or school attendance that occur at
any time, including, but not limited to, any of the following:
   (1) While on school grounds.
   (2) While going to or coming from school.
   (3) During the lunch period whether on or off the campus.
   (4) During, or while going to or coming from, a school-sponsored
activity.
   (t) A pupil who aids or abets, as defined in Section 31 of the
Penal Code, the infliction or attempted infliction of physical injury
to another person may be subject to suspension, but not expulsion,
pursuant to this section, except that a pupil who has been adjudged
by a juvenile court to have committed, as an aider and abettor, a
crime of physical violence in which the victim suffered great bodily
injury or serious bodily injury shall be subject to discipline
pursuant to subdivision (a).
   (u) As used in this section, "school property" includes, but is
not limited to, electronic files and databases.
   (v) For a pupil subject to discipline under this section, a
superintendent of the school district or principal may use his or her
discretion to provide alternatives to suspension or expulsion that
are age appropriate and designed to address and correct  the
root causes of  the pupil's specific misbehavior as
specified in Section 48900.5. 
   (w) For an individual with exceptional needs, as defined in
Section 56026, subject to discipline under this section, an
individualized education program (IEP) team meeting shall be held
within three days to discuss the behavior. The IEP team shall
determine if a fundamental behavioral assessment and behavioral
intervention plan are needed to address the behavior of the
individual with exceptional needs. An individual with exceptional
needs whose behavior is determined to be a manifestation of his or
her disability shall not be subject to suspension, except as provided
in subdivision (a) of Section 48900.5, or expulsion, but instead
shall receive an appropriate assessment identifying behavioral needs,
proposed behavioral goals to address the identified behavioral
needs, and appropriate related services.  
   (x) 
    (w)  It is the intent of the Legislature that
alternatives to suspension or expulsion be imposed against a pupil
who is truant, tardy, or otherwise absent from school activities.
  SEC. 3.  Section 48900.5 of the Education Code is amended to read:
   48900.5.  (a) Suspension, including supervised suspension as
described in Section 48911.1, shall be imposed only when other means
of correction have been documented and fail to bring about proper
conduct. However, a pupil, including an individual with exceptional
needs, as defined in Section 56026, may be suspended, subject to
Section 1415 of Title 20 of the United States Code  and
subdivision (w) of Section 48900  , for any of the reasons
enumerated in 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 Section 48900 or that the
pupil's presence causes a danger to persons.
   (b) Other means of correction  shall  include,
but are not limited to, the following: 
   (1) A positive behavior support approach with tiered interventions
that occur during the schoolday on campus, using any of the
following activities:  
   (A) Conferences 
    (1)     A conference  between school
personnel,  parents   the pupil   's
parent or guardian  , and  pupils   the
pupil  . 
   (B) 
    (2)  Referrals to the school counselor, psychologist,
social worker, child welfare attendance personnel, or other school
support service personnel for case management and counseling.

   (C) 
    (3)  Study teams, guidance teams, resource panel teams,
or other intervention-related teams that assess  the root
causes of  the behavior, and develop and implement
individualized plans to address the behavior in partnership with the
pupil and his or her parents. 
   (D) 
    (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)). 
   (E) 
    (5)  Enrollment in a program for teaching prosocial
behavior or anger management. 
   (F) 
    (6)  Participation in a restorative justice program.

   (2) Any of the alternatives described in Section 48900.6.
 
   (7) A positive behavior support approach with tiered interventions
that occur during the schoolday on campus.  
   (3) 
    (8)  After-school programs  operated in
collaboration with local parent and community groups  that
 are designed to  address specific behavioral issues
or  to  expose pupils to positive activities and
behaviors  , including, but not limited to, those operated in
collaborat   ion with local parent and community groups
 . 
   (9) Any of the alternatives described in Section 48900.6. 
  SEC. 4.  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.