Bill Text: CA AB2711 | 2023-2024 | Regular Session | Amended
Bill Title: Suspensions and expulsions: voluntary disclosures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 840, Statutes of 2024. [AB2711 Detail]
Download: California-2023-AB2711-Amended.html
Amended
IN
Assembly
April 15, 2024 |
Introduced by Assembly Member Ramos |
February 14, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would, commencing July 1, 2026, remove having 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 from the list of acts for which a pupil, regardless of their grade of enrollment, may be suspended or recommended for expulsion for. The bill would, commencing July 1, 2026, prohibit a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, from being suspended or recommended for expulsion solely on the
basis of those acts.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following: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:SEC. 3.
Section 48900 is added to the Education Code, 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:(x)
SEC. 4.
Section 48901.1 of the Education Code is amended to read:48901.1.
(a) Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:SEC. 5.
Section 48901.1 is added to the Education Code, to read:48901.1.
Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:(1)
(2)
SEC. 6.
Section 48901.2 is added to the Education Code, to read:48901.2.
(a) On or before July 1, 2026, each local educational agency shall adopt a plan to address pupils who possess or use tobacco, a controlled substance, or alcohol on school property. The plan shall be consistent with all of the following requirements:(B)Local educational agencies shall make a good faith effort to adopt a plan that is youth informed.
(2)
(B)(i)Consistent with the requirements of the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), Article 5 (commencing with Section 49073) of Chapter 6.5 of this code, Section 6924 of the Family Code, and Section 124260 of the Health and Safety Code, the school principal or their designee shall convene the appropriate internal and external staff, as determined by the school principal or their designee, including school staff, youth behavioral health staff, the county office of education, community-based organizations, health providers, local child welfare agencies, institutions of higher education, businesses, clinical experts, and other public and private entities, to discuss appropriate supports and interventions for the pupil, including the use of prevention and intervention planning, implementation, and evaluation for the pupil.
(ii)
(I)Evidence-based drug prevention activities and programs that educate against the use of alcohol, marijuana, tobacco, cannabis, smokeless tobacco products, electronic cigarettes, vaporizer devices, and other illicit drugs.
(II)Professional development and training for school staff, specialized instructional support personnel, and interested community members on drug prevention, education, early identification, intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral. This training shall include best practices that are socially and culturally relevant and trauma informed.
(III)
(IV)Programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.
(V)A critical participatory action research project to fully understand the effects of drug use and its impact on others. This research project shall culminate in an end-of-term research presentation at a symposium to which prevention and intervention organizations, care providers, professionals, families, staff, and peers are invited, the purpose of which is to foster a community of collective learning and teaching and to stimulate personal and collective growth through self-reflection.
(VI)
(VII)
(VIII)
(IX)
(3)
(4)(A)The plan shall require the supports and interventions to be implemented for a minimum of 4 to 6 weeks, inclusive, from the date of the incident.
(B)
(c)
(d)
SEC. 7.
Section 48915 of the Education Code is amended to read:48915.
(a) (1) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct:SEC. 8.
Section 48915 is added to the Education Code, to read:48915.
(a) (1) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct:(a)A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in any of the subdivisions, except subdivision (h), of Section 48900 or in Section 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section.
(b)A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this
section unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false, or the information was provided with a reckless disregard for its truth or falsity.
(c)An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a) is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.
(d)The
information provided shall be from the previous three school years.
(e)Any information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher.
(f)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
(a)A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section.
(b)A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this section unless it is proven that the information was false and that the district or
district officer or employee knew or should have known that the information was false, or the information was provided with a reckless disregard for its truth or falsity.
(c)An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a) is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.
(d)The information provided shall be from the previous three school years.
(e)Any information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further
disseminated by the teacher.
(f)This section shall become operative on July 1, 2026.