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 29, 2024 |
Amended
IN
Assembly
April 15, 2024 |
Introduced by Assembly Member Ramos |
February 14, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
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:(2)
(x)(1)A pupil shall be provided with two opportunities for supportive interventions in accordance with the plan adopted pursuant to Section 48901.2 before suspending a pupil on the basis of an act described in paragraph (2) of subdivision (c) or subdivision (h). After two documented unsuccessful interventions, a pupil may be suspended for those acts.
(2)Nothing in this subdivision shall restrict the ability of a school to remove a pupil from campus for the day who is under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind provided that the pupil is excused due to illness.
(y)
SEC. 4.
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 districtSEC. 4.SEC. 5.
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.SEC. 6.
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:(2)Before suspending a pupil on the basis of an act described in subparagraph (A) or (B) of paragraph (1), the pupil shall be provided with two opportunities for supportive interventions in accordance with the plan adopted pursuant to Section 48901.2. After two documented unsuccessful interventions, a pupil may be suspended for those acts.
(3)Nothing in this subdivision shall
(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:
(1)The plan shall be youth informed and include specific information on where on campus and in the community pupils can receive education, treatment, or support for substance use.
(2)The plan shall be made in consultation with the appropriate staff, which may include 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, managed care plans, county behavioral health departments or other public and private entities, to discuss appropriate supports and interventions for pupils, including the use of prevention and intervention planning, implementation, and evaluation for pupils.
(3)The plan shall include all of the following protocols after an incident involving a pupil using or in possession of tobacco, a controlled substance, or alcohol on school property occurs:
(A)(i)The school principal or their designee shall consult with the pupil and the pupil’s parents or legal guardians.
(ii)A parent or legal guardian’s unwillingness to consult shall not prevent the school from attempting to move forward with interventions and support for the pupil.
(iii)Pupils who disclose their use of tobacco, a controlled substance, or alcohol or when seeking help for services or supports shall not be disciplined for that disclosure.
(B)After collaboration with the pupil, the pupil’s parents or legal guardians, and internal and external staff, the school principal or their designee shall select or refer, with the pupil’s consent, the appropriate supports and interventions, which may include prevention and intervention programs and activities to support the pupil, including, but not limited to, any of the following:
(i)School-based and school-linked mental health services, including early identification of drug use and referrals to counseling services or partnerships with public or private health care entities that have qualified mental and behavioral health professionals.
(ii)Academic intervention and mentoring within the community.
(iii)A physical health assessment.
(iv)After school programs.
(v)Other appropriate community resources.
(4)The plan shall require the school principal or their designee, in conjunction with relevant teachers and school staff, to document and record confirmation of the pupil’s receipt of the selected prevention or intervention programs and supports, including any internal or external supports or interventions, and any care coordination support.
(5)(A)After four to six weeks, the principal or their designee shall review the plan with the pupil and the pupil’s parents or legal guardians to assess the extent to which each goal has been met. Based on this review, the school principal or their designee, with the pupil’s consent and consistent with Section 6924 of the Family Code and Section 124260 of the Health and Safety Code, shall decide whether to maintain, intensify, or phase out the interventions or supports. The pupil and the pupil’s parents or legal guardians shall be informed in writing of progress and any changes made to intervention plans.
(B)If a pupil’s parents or legal guardians did not participate in the pupil’s initial consultation pursuant to clause (i) of subparagraph (A) of paragraph (3), a school may determine whether it is appropriate to include those parents or legal guardians in reviewing the pupil’s plan pursuant to this paragraph.
(b)To best inform their policies, schools shall maintain records on the number of times the protocols required by this section were initiated during a school year and each of the following for each pupil:
(1)The outcome.
(2)Age.
(3)Sex.
(4)Race and ethnicity.
(5)Foster youth status.
(6)Home language.
(c)Local educational agencies are encouraged to implement all of the following:
(1)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.
(2)Evidence-based drug prevention activities and programs that educate on the use of alcohol, marijuana, tobacco, cannabis, smokeless tobacco products, electronic cigarettes, vaporizer devices, and other illicit drugs.
(3)Campuswide programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.
(d)For purposes of this section, the following definitions apply:
(1)“Controlled substance” means a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
(2)“Local educational agency” means a school district, county office of education, or charter school.
(e)This section does not affect a parent’s or legal guardian’s rights relating to the care, custody, and control of their minor child.
SEC. 7.
Section 48901.2 is added to the Education Code, to read:48901.2.
(a) School districts, county offices of education, and charter schools are encouraged to implement all of the following:SEC. 7.SEC. 8.
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.SEC. 9.
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:(C)
(D)