Bill Text: CA AB1729 | 2011-2012 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: AB 1729 CHAPTERED
BILL TEXT
CHAPTER 425
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2012
APPROVED BY GOVERNOR SEPTEMBER 21, 2012
PASSED THE SENATE AUGUST 23, 2012
PASSED THE ASSEMBLY AUGUST 28, 2012
AMENDED IN SENATE AUGUST 20, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
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, Ammiano. Pupil rights: suspension or expulsion:
alternatives and other means of correction.
Existing law provides that 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 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 pupil's specific misbehavior, as specified.
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 authorize a school district to document the other
means of correction used and place that documentation in the pupil's
record. 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 that occur during
the schoolday on campus, a conference between school personnel, the
pupil's parent or guardian, and the pupil, participation in a
restorative justice program, and after-school programs that address
specific behavioral issues or expose pupils to positive activities
and behaviors.
This bill would incorporate additional changes to Section 48900 of
the Education Code proposed by AB 2242 that would become operative
if this bill and AB 2242 are enacted, and this bill is enacted last.
This bill would also incorporate changes to that section proposed by
AB 1732, relating to bullying of pupils, which has been chaptered.
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 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 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) (A) "Electronic act" means the transmission, 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:
(i) A message, text, sound, or image.
(ii) A post on a social network Internet Web site including, but
not limited to:
(I) Posting to or creating a burn page. "Burn page" means an
Internet Web site created for the purpose of having one or more of
the effects listed in paragraph (1).
(II) 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.
(III) 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.
(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.
(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 the 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 pupil's
specific misbehavior as specified in Section 48900.5.
(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. 2.5. Section 48900 of the Education Code 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) For a pupil enrolled in any of grades 4 to 12, inclusive,
intentionally engaged in harassment, threats, or intimidation,
directed against school district personnel or pupils, that is
sufficiently severe or pervasive to have the actual and reasonably
expected result of creating substantial disorder, and invading the
rights of either school personnel or pupils by creating an
intimidating or hostile educational environment.
( 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 described in subdivision (k) or 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) (A) "Electronic act" means the transmission, 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:
(i) A message, text, sound, or image.
(ii) A post on a social network Internet Web site, including, but
not limited to:
(I) Posting to or creating a burn page. "Burn page" means an
Internet Web site created for the purpose of having one or more of
the effects listed in paragraph (1).
(II) 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.
(III) 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.
(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.
(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 the 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 pupil's
specific misbehavior as specified in Section 48900.5.
(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 fail to bring about proper conduct. 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 Section 49069. 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, 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 include, but are not limited to, the
following:
(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 his or her 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 schoolday 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 Section 48900.6.
SEC. 4. Section 2.5 of this bill incorporates amendments to
Section 48900 of the Education Code proposed by both this bill and
Assembly Bill 2242. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2013, (2)
each bill amends Section 48900 of the Education Code, and (3) this
bill is enacted after Assembly Bill 2242, in which case Section 2 of
this bill shall not become operative.
