Bill Text: CA AB1919 | 2023-2024 | Regular Session | Amended
Bill Title: Pupil discipline: suspension: restorative justice practices.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2024-09-22 - Vetoed by Governor. [AB1919 Detail]
Download: California-2023-AB1919-Amended.html
Amended
IN
Assembly
March 21, 2024 |
Introduced by Assembly Member Weber |
January 24, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes a system of public elementary and secondary schools in this state. Existing law requires suspension to be imposed on a pupil only when other means of correction fail to bring about proper conduct, and specifies that other means of correction may include, among other things, participation in a restorative justice program. Existing law requires the State Department of Education to develop evidence-based best practices for restorative justice practice implementation on a school campus and to make these best practices available on the
department’s internet website on or before June 1, 2024, as specified.
This bill would express the intent of the Legislature to enact subsequent legislation related to restorative justice practices.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
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 49069.7. 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.SEC. 2.
Section 48900.5 is added to the Education Code, to read:48900.5.
(a) Suspension, including supervised suspension as described in Section 48911.1, and discretionary expulsions shall be imposed only when a restorative justice best practice adopted pursuant to Section 49055 fails to bring about proper conduct. A school district may document the restorative justice best practices used and place that documentation in the pupil’s record, which may be accessed pursuant to Section 49069.7. 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.SEC. 3.
Section 48901.2 is added to the Education Code, to read:48901.2.
Commencing July 1, 2026, a charter school may impose a nonmandatory suspension or nonmandatory expulsion only when a restorative justice best practice adopted pursuant to Section 49055 fails to bring about proper conduct, unless the charter school principal or their designee determines that the pupil’s presence causes a danger to persons.SEC. 4.
Section 49055 of the Education Code is amended to read:49055.
(a) On or before June 1, 2024, the department shall develop evidence-based best practices for restorative justice practice implementation on a school campus and make these best practices available on the department’s internet website for use by local educational agencies to implement restorative justice practices as part of efforts to improve campus culture and climate. In developing best practices, the department shall consult with all of the following to identify best practices for effective, evidence-based restorative justice practices in elementary and secondary schools:(c)
SEC. 5.
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.It is the intent of the Legislature to enact subsequent legislation related to restorative justice practices.